Approval and Promulgation of Air Quality Implementation Plans; Oklahoma, 67647-67652 [2015-27918]
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Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations
Lead NAAQS’’, ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2008
8-hour Ozone NAAQS’’, ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
2010 NO2 NAAQS’’, ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2010
SO2 NAAQS’’ and ‘‘Chapter 7A section
754 of the North Carolina General
Statues’’ at the end of the table to read
as follows:
§ 52.1770
*
67647
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State
effective
date
Provision
EPA
Approval
date
7/27/2015
Federal Register citation
Explanation
*
11/3/2015
*
[Insert Federal Register citation].
7/27/2015
11/3/2015
[Insert Federal Register citation].
7/27/2015
11/3/2015
[Insert Federal Register citation].
7/27/2015
....................
............................................
110(a)(1) and (2) Infrastructure Requirements for the
2008 8-hour Ozone
NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the
2010 NO2 NAAQS.
7/27/2015
....................
............................................
7/27/2015
11/3/2015
[Insert Federal Register citation].
110(a)(1) and (2) Infrastructure Requirements for the
2010 SO2 NAAQS.
7/27/2015
11/3/2015
[Insert Federal Register citation].
Chapter 7A section 754 of
the North Carolina General Statues.
7/27/2015
11/3/2015
[Insert Federal Register citation].
*
*
*
approving 110(a)(2)(E)(ii) as it relates to the Secretary
of the DENR and his/her delegatee that approve
permit or enforcement orders and appealed matters
decided by ALJs.
approving 110(a)(2)(E)(ii) as it relates to the Secretary
of the DENR and his/her delegatee that approve
permit or enforcement orders and appealed matters
decided by ALJs.
approving 110(a)(2)(E)(ii) as it relates to the Secretary
of the DENR and his/her delegatee that approve
permit or enforcement orders and appealed matters
decided by ALJs.
approving 110(a)(2)(E)(ii) as it relates to the Secretary
of the DENR and his/her delegatee that approve
permit or enforcement orders and appealed matters
decided by ALJs.
approving 110(a)(2)(E)(ii) as it relates to the Secretary
of the DENR and his/her delegatee that approve
permit or enforcement orders and appealed matters
decided by ALJs.
approving 110(a)(2)(E)(ii) as it relates to the Secretary
of the DENR and his/her delegatee that approve
permit or enforcement orders and appealed matters
decided by ALJs.
approving 110(a)(2)(E)(ii) as it relates to the Secretary
of the DENR and his/her delegatee that approve
permit or enforcement orders and appealed matters
decided by ALJs.
Specifically, the following paragraph of 7A–754 stating
‘‘The Chief Administrative Law Judge and the administrative law judges shall comply with the Model
Code of Judicial Conduct for State Administrative
Law Judges, as adopted by the National Conference
of Administrative Law Judges, Judicial Division,
American Bar Association, (revised August 1998), as
amended from time to time, except that the provisions of this section shall control as to the private
practice of law in lieu of Canon 4G, and G.S. 126–
13 shall control as to political activity in lieu of
Canon 5.’’ is approved into the SIP.
*
110(a)(1) and (2) Infrastructure Requirements for the
1997 8-hour Ozone
NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the
1997 Annual PM2.5
NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the
2006 24-hour PM2.5
NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the
2008 Lead NAAQS.
§ 52.1773
*
[Amended]
3. Amend § 52.1773 by removing
paragraph (a), and redesignating
paragraphs (b) and (c) as paragraphs (a)
and (b), respectively.
■
[FR Doc. 2015–27881 Filed 11–2–15; 8:45 am]
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2011–0034; FRL–9936–37–
Region 6]
Approval and Promulgation of Air
Quality Implementation Plans;
Oklahoma
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Under the Federal Clean Air
Act (CAA or Act) the Environmental
SUMMARY:
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Protection Agency (EPA) is approving
revisions to the Oklahoma State
Implementation Plan (SIP) submitted by
the State of Oklahoma designee. The
revisions are administrative in nature
and modify redundant or erroneous text
within the SIP. The revisions also
incorporate new definitions and the
current national ambient air quality
standards (NAAQS) for four criteria
pollutants; delete a subchapter that
addresses motor vehicle pollution
control devices; and add requirements
for certain incinerators.
DATES: This rule is effective on January
4, 2016 without further notice, unless
EPA receives relevant adverse comment
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by December 3, 2015. If EPA receives
such comment, EPA will publish a
timely withdrawal in the Federal
Register informing the public that this
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2011–0034, by one of the
following methods:
• www.regulations.gov. Follow the
on-line instructions.
• Email: Carrie Paige at
paige.carrie@epa.gov.
• Mail: Guy Donaldson, Chief, Air
Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2011–
0034. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information
through www.regulations.gov or email,
if you believe that it is CBI or otherwise
protected from disclosure. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means that EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment along with any disk or CD–
ROM submitted. If EPA cannot read
your comment due to technical
difficulties and cannot contact you for
clarification, EPA may not be able to
consider your comment. Electronic files
should avoid the use of special
characters and any form of encryption
and should be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at
www.epa.gov/epahome/dockets.htm.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
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documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT:
Carrie Paige, (214) 665–6521 or
paige.carrie@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with her or Mr. Bill Deese
at (214) 665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
Section 110 of the Act requires states
to develop air pollution regulations and
control strategies to ensure that air
quality meets the EPA’s NAAQS. These
ambient standards are established under
section 109 of the Act and they
currently address six criteria pollutants:
Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and
sulfur dioxide. The state’s air
regulations are contained in its SIP,
which is basically a clean air plan. Each
state is responsible for developing SIPs
to demonstrate how the NAAQS will be
achieved, maintained, and enforced.
The SIP must be submitted to EPA for
approval and any changes a state makes
to the approved SIP also must be
submitted to the EPA for approval.
The Secretary of the Oklahoma
Department of Environmental Quality
(ODEQ) submitted revisions for
approval by EPA on July 16th and
December 27th of 2010, February 6,
2012, and January 18, 2013. The
revisions address air pollution
regulations and control strategies
codified in the Oklahoma
Administrative Code (OAC) under Title
252 (DEQ), Chapter 100 (Air Pollution
Control). Three of the four submittals
include revisions that address air
permitting and incorporate by reference
applicable provisions of Title 40 of the
Code of Federal Regulations (denoted 40
CFR). These revisions can be evaluated
independently (i.e., are severable) and
will be evaluated in separate actions.
Further, we are not acting on submitted
revisions to the State’s NOx rules
because these revisions can be evaluated
independently and we will consider
these rule revisions in a separate action.
Table C–1 in the Technical Support
Document (TSD) lists the four
submittals and identifies which portions
are evaluated in this rulemaking action
and which will be evaluated in separate
actions.1 The revisions under evaluation
1 The TSD is provided in the docket for this
rulemaking.
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in Section II of this action apply to the
following sections within Chapter 100:
Subchapter 15 (Motor Vehicle Pollution
Control Devices); subchapter 17
(Incinerators); subchapter 19 (Control of
Emission of Particulate Matter);
subchapter 25 (Visible Emissions and
Particulates); appendices A and B
within subchapter 17; appendices C, D,
and G within subchapter 19; and
appendices E and F within subchapter
3 (Air Quality Standards and
Increments).2
The substantive revisions in the four
submittals before us include
incorporation of new definitions;
updating the SIP with the current
NAAQS for lead, ozone, nitrogen
dioxide (NO2) and sulfur dioxide (SO2);
and adding specific requirements for
certain incinerators. The nonsubstantive revisions delete redundant
definitions; move certain definitions
into other locations within the SIP; and
correct erroneous text.
The criteria used to evaluate these SIP
revisions are found primarily in section
110 of the CAA. Section 110(l) requires
that a SIP revision submitted to EPA be
adopted after reasonable notice and
public hearing and also requires that
EPA not approve a SIP revision if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress, or any other applicable
requirement of the CAA. Our TSD
contains a detailed evaluation of the
revisions, describing how each revision
meets the requirements for SIP
approval.
II. EPA’s Evaluation of the Revisions
A synopsis of the submitted revisions
and our evaluation follows.
A. Subchapter 15, Motor Vehicle
Pollution Control Devices
The ODEQ removes subchapter 15 in
its entirety. Subchapter 15 is duplicative
of section 203 of the CAA. Subchapter
15 was not ever required to be in the
Oklahoma SIP and did not supersede or
otherwise modify requirements for
pollution control devices on motor
vehicles.3 In addition, subchapter 15
was not used as a source of emission
reductions and did not contribute
toward attainment in Oklahoma (see 45
FR 79051, November 28, 1980). The
2 The cover letter for the January 18, 2013
submittal lists revisions to subchapter 31, but no
such revisions were provided in the submittal
package; therefore, they are not before EPA for
consideration.
3 Section 203 of the CAA prohibits tampering
with any device or element of design installed on
or in a motor vehicle or motor vehicle engine in
compliance with motor vehicle emission standards.
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State’s annual motor vehicle inspection
and emission anti-tampering rules
remain in the SIP (see 61 FR 7709,
February 29, 1996). Removal of
subchapter 15 from the SIP does not
constitute loss in emission reductions
because such rules are in place and
enforceable at the federal level.
E. Appendix E (Primary Ambient Air
Quality Standards) and Appendix F
(Secondary Ambient Air Quality
Standards)
The ODEQ revised appendices E and
F for the 2008 NAAQS for ozone 4 and
lead and the 2010 NAAQS for NO2 and
SO2.
B. Subchapter 17, Incinerators
Part 1 clarifies that incinerators used
to generate useful heat energy are
subject to all applicable requirements of
subchapter 17. Part 3 adds specificity by
identifying the applicable sources;
clarifying existing definitions and
requirements; expanding incinerator
design requirements to include
operation requirements; and adding
definitions for ‘‘Particulate matter’’ and
‘‘Secondary combustion chamber.’’
Other revisions to parts 1 and 3 are nonsubstantive and delete redundant text.
A new part 4 addresses biomedical
waste incinerators. The new terms and
definitions, design and operation, and
emission limits are consistent with
EPA’s Standards of Performance for
New Stationary Sources: Hospital/
Medical/Infectious Waste Incinerators
(see 74 FR 51368, October 6, 2009 and
40 CFR 60.51c), and EPA’s Standards Of
Performance for Incinerators at 40 CFR
60, Subpart E.
The ODEQ removes appendix B,
renames appendix A, and moves the
appendix B formulas into A. A
typographical error was corrected. There
were no changes to the allowable
emission rates.
F. Consistency With Section 110(l) of the
CAA
The submitted revisions addressed in
today’s rulemaking provide consistency
with the NAAQS and EPA’s rules
regarding incinerators, and provide
clarity and accuracy, thus improving the
Oklahoma SIP. These revisions will not
interfere with any applicable
requirement regarding attainment or any
other applicable requirement of the
CAA and are consistent with section
110(l) of the Act.
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C. Subchapter 19, Control of Emissions
of Particulate Matter
The ODEQ submits new definitions
for ‘‘Condensable particulate matter,’’
‘‘Filterable particulate matter,’’ and
‘‘Total particulate matter.’’ They are
consistent with the definitions
addressing particulate matter at 40 CFR
51.100. Other revisions to this
subchapter clarify that the particulate
matter (PM) emission rates in this
subchapter refer to condensable and
filterable PM.
The submitted revisions also address
appendices C, D and G within
subchapter 19. The revisions are
confined to retitling the appendices,
such that each now includes
‘‘particulate matter’’ in its title.
D. Subchapter 25, Visible Emissions and
Particulates
The submitted revisions include a
non-substantive edit to style and the
correction of an error in a citation at
100–25–3(b)(3). These revisions to
subchapter 25 provide consistency and
accuracy.
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III. Final Action
The EPA is approving all or parts of
four Oklahoma SIP submittals.
Specifically, we are approving the
portions of the July 16, 2010 submittal
that revise appendices C, D, E, F and G
and subchapters 19 and 25. We are also
approving in whole the December 27,
2010 submittal that revises subchapter
15 and appendices E and F. We are also
approving the portion of the February 6,
2012 submittal that revises appendix E.
We are also approving the portion of the
January 18, 2013 submittal that revises
subchapter 17 and appendices A and B.
The EPA is approving these SIP
revisions in accordance with the
requirements of the CAA.
The EPA is publishing this rule
without prior proposal because we view
this as a non-controversial amendment
and anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
SIP revision if relevant adverse
comments are received. This rule will
be effective on January 4, 2016 without
further notice unless we receive adverse
comment by December 3, 2015. If we
receive adverse comments, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. We will
address all public comments in a
subsequent final rule based on the
proposed rule. We will not institute a
4 On October 1, 2015, the EPA announced its
decision to strengthen the ozone NAAQS, which
does not obstruct our action here. See [https://www3.
epa.gov/airquality/ozonepollution/actions.html#
sep2015]. Because Oklahoma elects to have its SIP
refer to specific iterations of the NAAQS, it will
need to revise it from time to time to reflect the
current NAAQS.
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67649
second comment period on this action.
Any parties interested in commenting
must do so now. Please note that if we
receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
IV. Incorporation by Reference
In this rule, we are finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.4, we are finalizing the
incorporation by reference of the
revisions to the Oklahoma regulations as
described in the preceding Final Action
section. We have made, and will
continue to make, these documents
generally available electronically
through www.regulation.gov and/or in
hard copy at the EPA Region 6 office.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
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safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to
apply on any Indian reservation land or
in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 4, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: October 20, 2015.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
100 (OAC 252:100). Air Pollution
Control’’ is amended by:
■ a. Removing the heading entitled
‘‘Subchapter 15. Motor Vehicle
Pollution Control Devices’’ and the
entries under this heading;
■ b. Revising entries for ‘‘252:100–17–
1’’ and ‘‘252:100–17–1.1’’;
■ c. Removing the entry for ‘‘252:100–
17–1.2’’;
■ d. Adding an entry for ‘‘252:100–17–
1.3’’ in numerical order;
■ e. Revising entries for ‘‘252:100–17–
2’’, ‘‘252:100–17–2.1’’, ‘‘252:100–17–
2.2’’, ‘‘252:100–17–4’’, ‘‘252:100–17–5’’,
‘‘252:100–17–5.1’’, and ‘‘252:100–17–7’’;
■ f. Adding the heading entitled ‘‘Part 4.
Biomedical Waste Incinerators’’ and
entries for ‘‘252:100–17–8’’, ‘‘252:100–
17–9’’, ‘‘252:100–17–10’’, and ‘‘252:100–
17–11’’ in numerical order;
■ g. Revising entries for ‘‘252:100–19–
1.1’’ and ‘‘252:100–19–11’’;
■ h. Revising the entry for ‘‘252:100–25–
3’’;
■ i. Revising the entry for ‘‘252:100,
Appendix A’’;
■ j. Removing the entry for ‘‘252:100,
Appendix B’’; and
■ k. Revising entries for ‘‘252:100,
Appendix C’’, ‘‘252:100, Appendix D’’,
‘‘252:100, Appendix E’’, ‘‘252:100,
Appendix F’’, and ‘‘252:100, Appendix
G’’.
The revisions and additions read as
follows:
Subpart LL —Oklahoma
§ 52.1920
2. In § 52.1920, the table in paragraph
(c) under the heading entitled ‘‘Chapter
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■
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED OKLAHOMA REGULATIONS
State citation
*
State effective
date
Title/Subject
*
*
*
EPA Approval date
*
Explanation
*
*
*
*
CHAPTER 100 (OAC 252:100). AIR POLLUTION CONTROL
*
*
*
*
*
Subchapter 17. Incinerators
Part 1. General Provisions
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252:100–17–1 ................................
Purpose ..........................................
7/11/2010
252:100–17–1.1 .............................
Reference to 40 CFR ....................
7/11/2010
252:100–17–1.3 .............................
Incinerators
and
fuel-burning
equipment or units.
7/11/2010
11/3/2015
[Insert Federal Register citation]
11/3/2015
[Insert Federal Register citation]
11/3/2015
[Insert Federal Register citation]
Part 3. Incinerators
252:100–17–2 ................................
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Applicability ....................................
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EPA APPROVED OKLAHOMA REGULATIONS—Continued
State effective
date
State citation
Title/Subject
252:100–17–2.1 .............................
Exemptions ....................................
7/11/2010
252:100–17–2.2 .............................
Definitions ......................................
7/11/2010
*
*
252:100–17–4 ................................
*
*
Particulate matter ...........................
7/11/2010
252:100–17–5 ................................
Incinerator design and operation
requirements.
Alternative incinerator design requirements.
Test methods .................................
252:100–17–5.1 .............................
252:100–17–7 ................................
7/11/2010
7/11/2010
7/11/2010
EPA Approval date
Explanation
11/3/2015
[Insert Federal Register citation]
11/3/2015
[Insert Federal Register citation]
*
11/3/2015
[Insert Federal
11/3/2015
[Insert Federal
11/3/2015
[Insert Federal
11/3/2015
[Insert Federal
*
*
Register citation]
Register citation]
Register citation]
Register citation]
Part 4. Biomedical Waste Incinerators
252:100–17–8 ................................
Applicability ....................................
7/1/2011
252:100–17–9 ................................
Definitions ......................................
7/1/2011
252:100–17–10 ..............................
Design and operation ....................
7/1/2011
252:100–17–11 ..............................
Emission limits ...............................
7/1/2011
11/3/2015
[Insert Federal
11/3/2015
[Insert Federal
11/3/2015
[Insert Federal
11/3/2015
[Insert Federal
Register citation]
Register citation]
Register citation]
Register citation]
Subchapter 19. Control of Emission of Particulate Matter
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252:100–19–1.1 .............................
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Definitions ......................................
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252:100–19–11 ..............................
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Allowable particulate matter emission rates from combined wood
fuel and fossil fuel fired steam
generating units.
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Subchapter 25. Visible Emissions and Particulates
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252:100–25–3 ................................
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Opacity limit ...................................
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Appendices for OAC 252: Chapter 100
252:100, Appendix A .....................
252:100, Appendix C .....................
252:100, Appendix D .....................
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252:100, Appendix F ......................
252:100, Appendix G .....................
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Allowable Particulate Matter Emission Rate for Incinerators.
Allowable Particulate Matter Emission Rates for Indirectly Fired
Fuel-Burning Units.
Allowable Particulate Matter Emission Rates for Indirectly Fired
Wood Fuel-Burning Units.
Primary Ambient Air Quality Standards.
Secondary Ambient Air Quality
Standards.
Allowable Particulate Matter Emission Rates for Directly Fired
Fuel-Burning Units and Industrial
Process.
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67652
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Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations
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Region IX, (415) 972–3856,
kelly.thomasp@epa.gov.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R09–OAR–2014–0812; FRL–9935–82–
Region 9]
Partial Approval and Partial
Disapproval of Air Quality State
Implementation Plans; Nevada;
Infrastructure Requirements for Ozone,
NO2 and SO2
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Environmental Protection
Agency (EPA) is approving in part and
disapproving in part State
Implementation Plan (SIP) revisions
submitted by the State of Nevada
pursuant to the requirements of the
Clean Air Act (CAA) for the 2008 ozone
national ambient air quality standards
(NAAQS), the 2010 nitrogen dioxide
(NO2) NAAQS and the 2010 sulfur
dioxide (SO2) NAAQS. The CAA
requires that each state adopt and
submit a SIP for the implementation,
maintenance, and enforcement of each
NAAQS promulgated by the EPA, and
that EPA act on such SIPs. Nevada has
met most of the applicable
requirements. Where EPA is
disapproving, in part, Nevada’s SIP
revisions, the deficiencies have already
been addressed by a federal
implementation plan (FIP).
DATES: This final rule is effective on
December 3, 2015.
ADDRESSES: EPA has established a
docket for this action, identified by
Docket ID Number EPA–R09–OAR–
2014–0812. The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., confidential
business information (CBI)). To inspect
the hard copy materials, please schedule
an appointment during normal business
hours with the contact listed directly
below.
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
Tom
Kelly, Air Planning Office (AIR–2), U.S.
Environmental Protection Agency,
VerDate Sep<11>2014
16:38 Nov 02, 2015
Jkt 238001
NO2
• NDEP letter to EPA, dated May 9,
2013 and Washoe County letter, dated
April 26, 2013, containing the Approved
Minutes of the February 28, 2013 public
hearing and the Certificate of Adoption;
• The Nevada Division of
Environmental Protection Portion of the
Nevada State Implementation Plan for
the 2010 Nitrogen Dioxide Primary
NAAQS: Demonstration of Adequacy
and appendices, January 18, 2013;
• State Implementation Plan Revision
to Meet the Nitrogen Dioxide
Infrastructure SIP Requirements of the
Clean Air Act § 110(a)(2), and
attachments Clark County, Nevada,
December, 2012;
• The Washoe County Portion of the
Nevada State Implementation Plan to
Meet the Nitrogen Dioxide Primary
NAAQS; Final Submittal, March 15,
2013.
Table of Contents
40 CFR Parts 52 and 81
FOR FURTHER INFORMATION CONTACT:
the 2008 Ozone NAAQS: Demonstration
of Adequacy, February 28, 2013.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
*
[FR Doc. 2015–27918 Filed 11–2–15; 8:45 am]
I. Background
II. EPA’s Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Section 110(a)(1) of the CAA requires
each state to submit to EPA, within
three years (or such shorter period as
the Administrator may prescribe) after
the promulgation of a primary or
secondary NAAQS or any revision
thereof, a SIP that provides for the
‘‘implementation, maintenance, and
enforcement’’ of such NAAQS. EPA
refers to these specific submissions as
‘‘infrastructure’’ SIPs because they are
intended to address basic structural SIP
requirements for new or revised
NAAQS.
EPA issued a revised NAAQS for
ozone on March 28, 2010, for NO2 on
February 9, 2010, and for SO2 on June
22, 2010.1 2 3 These NAAQS revisions
triggered requirements for states to
submit an infrastructure SIP to address
the applicable requirements of section
110(a)(2) within three years. The
Nevada Department of Environmental
Protection (NDEP) has submitted several
infrastructure SIP submittals in
response to EPA’s promulgation of these
NAAQS, including:
Ozone
• The Nevada Division of
Environmental Protection Portion of the
Nevada State Implementation Plan for
the 2008 Ozone NAAQS: Demonstration
of Adequacy April 10, 2013;
• State Implementation Plan Revision
to Meet the Ozone Infrastructure SIP
Requirements of the Clean Air Act
§ 110(a)(2), Clark County, Nevada,
February, 2013;
• The Washoe County Portion of the
Nevada State Implementation Plan for
1 73 FR 16436. This final rule reduced the ozone
NAAQS from 0.08 parts per million (ppm) to 0.075
ppm.
2 75 FR 6474. This final rule revised the primary
NO2 NAAQS from an annual arithmetic average to
a one-hour NO2 NAAQS of 100 parts per billion
(ppb) and left unchanged EPA’s secondary annual
NO2 NAAQS. The form of the 1-hour standard is the
3-year average of the 98th percentile of the yearly
distribution of 1-hour daily maximum NO2
concentrations.
3 This final rule revoked EPA’s annual and 24hour SO2 NAAQS and a 1-hour NAAQS of 75 ppb.
The form of the 1-hour standard is the 3-year
average of the 99th percentile of the yearly
distribution of 1-hour daily maximum SO2
concentrations.
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SO2
• The Nevada Division of
Environmental Protection Portion of the
Nevada State Implementation Plan for
the 2010 Sulfur Dioxide Primary
NAAQS, and appendices, June 3, 2013;
• State Implementation Plan Revision
to Meet the Sulfur Dioxide
Infrastructure SIP Requirements of the
Clean Air Act § 110(a)(2), and
attachments Clark County, Nevada,
May, 2013;
• The Washoe County Portion of the
Nevada State Implementation Plan to
Meet the Sulfur Dioxide Infrastructure
SIP Requirements of Clean Air Act
§ 110(a)(2), and attachments, March 28,
2013.
We refer to these submittals
collectively as ‘‘Nevada’s Infrastructure
Submittals.’’
On May 20, 2015 (80 FR 28893), EPA
proposed to approve in part, and
disapprove in part, these SIP revisions
addressing the infrastructure
requirements of CAA section 110(a)(1)
and (2) for the 2008 ozone, the 2010
NO2, and the 2010 SO2 NAAQS. Except
for the interstate transport elements of
110(a)(2)(D)(i)(I) for the 2008 ozone and
2010 SO2 NAAQS, we are taking final
action on all the Nevada Infrastructure
Submittals since they collectively
address the applicable infrastructure SIP
requirements.
Nevada’s submittals also requested
that EPA reclassify the Nevada Intrastate
Air Quality Control Region from priority
IA to priority III for SO2 emergency
episodes and remove historic, outdated
language at 40 CFR 52.1475 from the
state’s approved SIP. Our Notice of
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]]>Agencies
[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Rules and Regulations]
[Pages 67647-67652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27918]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2011-0034; FRL-9936-37-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Oklahoma
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Under the Federal Clean Air Act (CAA or Act) the Environmental
Protection Agency (EPA) is approving revisions to the Oklahoma State
Implementation Plan (SIP) submitted by the State of Oklahoma designee.
The revisions are administrative in nature and modify redundant or
erroneous text within the SIP. The revisions also incorporate new
definitions and the current national ambient air quality standards
(NAAQS) for four criteria pollutants; delete a subchapter that
addresses motor vehicle pollution control devices; and add requirements
for certain incinerators.
DATES: This rule is effective on January 4, 2016 without further
notice, unless EPA receives relevant adverse comment
[[Page 67648]]
by December 3, 2015. If EPA receives such comment, EPA will publish a
timely withdrawal in the Federal Register informing the public that
this rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2011-0034, by one of the following methods:
www.regulations.gov. Follow the on-line instructions.
Email: Carrie Paige at paige.carrie@epa.gov.
Mail: Guy Donaldson, Chief, Air Planning Section (6PD-L),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2011-0034. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information the disclosure of which
is restricted by statute. Do not submit information through
www.regulations.gov or email, if you believe that it is CBI or
otherwise protected from disclosure. The www.regulations.gov Web site
is an ``anonymous access'' system, which means that EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment along with
any disk or CD-ROM submitted. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters and any form of encryption and should be
free of any defects or viruses. For additional information about EPA's
public docket, visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Carrie Paige, (214) 665-6521 or
paige.carrie@epa.gov. To inspect the hard copy materials, please
schedule an appointment with her or Mr. Bill Deese at (214) 665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means the EPA.
I. Background
Section 110 of the Act requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
EPA's NAAQS. These ambient standards are established under section 109
of the Act and they currently address six criteria pollutants: Carbon
monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur
dioxide. The state's air regulations are contained in its SIP, which is
basically a clean air plan. Each state is responsible for developing
SIPs to demonstrate how the NAAQS will be achieved, maintained, and
enforced. The SIP must be submitted to EPA for approval and any changes
a state makes to the approved SIP also must be submitted to the EPA for
approval.
The Secretary of the Oklahoma Department of Environmental Quality
(ODEQ) submitted revisions for approval by EPA on July 16th and
December 27th of 2010, February 6, 2012, and January 18, 2013. The
revisions address air pollution regulations and control strategies
codified in the Oklahoma Administrative Code (OAC) under Title 252
(DEQ), Chapter 100 (Air Pollution Control). Three of the four
submittals include revisions that address air permitting and
incorporate by reference applicable provisions of Title 40 of the Code
of Federal Regulations (denoted 40 CFR). These revisions can be
evaluated independently (i.e., are severable) and will be evaluated in
separate actions. Further, we are not acting on submitted revisions to
the State's NOx rules because these revisions can be evaluated
independently and we will consider these rule revisions in a separate
action. Table C-1 in the Technical Support Document (TSD) lists the
four submittals and identifies which portions are evaluated in this
rulemaking action and which will be evaluated in separate actions.\1\
The revisions under evaluation in Section II of this action apply to
the following sections within Chapter 100: Subchapter 15 (Motor Vehicle
Pollution Control Devices); subchapter 17 (Incinerators); subchapter 19
(Control of Emission of Particulate Matter); subchapter 25 (Visible
Emissions and Particulates); appendices A and B within subchapter 17;
appendices C, D, and G within subchapter 19; and appendices E and F
within subchapter 3 (Air Quality Standards and Increments).\2\
---------------------------------------------------------------------------
\1\ The TSD is provided in the docket for this rulemaking.
\2\ The cover letter for the January 18, 2013 submittal lists
revisions to subchapter 31, but no such revisions were provided in
the submittal package; therefore, they are not before EPA for
consideration.
---------------------------------------------------------------------------
The substantive revisions in the four submittals before us include
incorporation of new definitions; updating the SIP with the current
NAAQS for lead, ozone, nitrogen dioxide (NO2) and sulfur
dioxide (SO2); and adding specific requirements for certain
incinerators. The non-substantive revisions delete redundant
definitions; move certain definitions into other locations within the
SIP; and correct erroneous text.
The criteria used to evaluate these SIP revisions are found
primarily in section 110 of the CAA. Section 110(l) requires that a SIP
revision submitted to EPA be adopted after reasonable notice and public
hearing and also requires that EPA not approve a SIP revision if the
revision would interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of the CAA. Our TSD contains a detailed evaluation of the
revisions, describing how each revision meets the requirements for SIP
approval.
II. EPA's Evaluation of the Revisions
A synopsis of the submitted revisions and our evaluation follows.
A. Subchapter 15, Motor Vehicle Pollution Control Devices
The ODEQ removes subchapter 15 in its entirety. Subchapter 15 is
duplicative of section 203 of the CAA. Subchapter 15 was not ever
required to be in the Oklahoma SIP and did not supersede or otherwise
modify requirements for pollution control devices on motor vehicles.\3\
In addition, subchapter 15 was not used as a source of emission
reductions and did not contribute toward attainment in Oklahoma (see 45
FR 79051, November 28, 1980). The
[[Page 67649]]
State's annual motor vehicle inspection and emission anti-tampering
rules remain in the SIP (see 61 FR 7709, February 29, 1996). Removal of
subchapter 15 from the SIP does not constitute loss in emission
reductions because such rules are in place and enforceable at the
federal level.
---------------------------------------------------------------------------
\3\ Section 203 of the CAA prohibits tampering with any device
or element of design installed on or in a motor vehicle or motor
vehicle engine in compliance with motor vehicle emission standards.
---------------------------------------------------------------------------
B. Subchapter 17, Incinerators
Part 1 clarifies that incinerators used to generate useful heat
energy are subject to all applicable requirements of subchapter 17.
Part 3 adds specificity by identifying the applicable sources;
clarifying existing definitions and requirements; expanding incinerator
design requirements to include operation requirements; and adding
definitions for ``Particulate matter'' and ``Secondary combustion
chamber.'' Other revisions to parts 1 and 3 are non-substantive and
delete redundant text.
A new part 4 addresses biomedical waste incinerators. The new terms
and definitions, design and operation, and emission limits are
consistent with EPA's Standards of Performance for New Stationary
Sources: Hospital/Medical/Infectious Waste Incinerators (see 74 FR
51368, October 6, 2009 and 40 CFR 60.51c), and EPA's Standards Of
Performance for Incinerators at 40 CFR 60, Subpart E.
The ODEQ removes appendix B, renames appendix A, and moves the
appendix B formulas into A. A typographical error was corrected. There
were no changes to the allowable emission rates.
C. Subchapter 19, Control of Emissions of Particulate Matter
The ODEQ submits new definitions for ``Condensable particulate
matter,'' ``Filterable particulate matter,'' and ``Total particulate
matter.'' They are consistent with the definitions addressing
particulate matter at 40 CFR 51.100. Other revisions to this subchapter
clarify that the particulate matter (PM) emission rates in this
subchapter refer to condensable and filterable PM.
The submitted revisions also address appendices C, D and G within
subchapter 19. The revisions are confined to retitling the appendices,
such that each now includes ``particulate matter'' in its title.
D. Subchapter 25, Visible Emissions and Particulates
The submitted revisions include a non-substantive edit to style and
the correction of an error in a citation at 100-25-3(b)(3). These
revisions to subchapter 25 provide consistency and accuracy.
E. Appendix E (Primary Ambient Air Quality Standards) and Appendix F
(Secondary Ambient Air Quality Standards)
The ODEQ revised appendices E and F for the 2008 NAAQS for ozone
\4\ and lead and the 2010 NAAQS for NO2 and SO2.
---------------------------------------------------------------------------
\4\ On October 1, 2015, the EPA announced its decision to
strengthen the ozone NAAQS, which does not obstruct our action here.
See [https://www3.epa.gov/airquality/ozonepollution/actions.html#sep2015]. Because Oklahoma elects to have its SIP refer
to specific iterations of the NAAQS, it will need to revise it from
time to time to reflect the current NAAQS.
---------------------------------------------------------------------------
F. Consistency With Section 110(l) of the CAA
The submitted revisions addressed in today's rulemaking provide
consistency with the NAAQS and EPA's rules regarding incinerators, and
provide clarity and accuracy, thus improving the Oklahoma SIP. These
revisions will not interfere with any applicable requirement regarding
attainment or any other applicable requirement of the CAA and are
consistent with section 110(l) of the Act.
III. Final Action
The EPA is approving all or parts of four Oklahoma SIP submittals.
Specifically, we are approving the portions of the July 16, 2010
submittal that revise appendices C, D, E, F and G and subchapters 19
and 25. We are also approving in whole the December 27, 2010 submittal
that revises subchapter 15 and appendices E and F. We are also
approving the portion of the February 6, 2012 submittal that revises
appendix E. We are also approving the portion of the January 18, 2013
submittal that revises subchapter 17 and appendices A and B. The EPA is
approving these SIP revisions in accordance with the requirements of
the CAA.
The EPA is publishing this rule without prior proposal because we
view this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on January 4, 2016
without further notice unless we receive adverse comment by December 3,
2015. If we receive adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
IV. Incorporation by Reference
In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.4, we are finalizing the incorporation by reference of the
revisions to the Oklahoma regulations as described in the preceding
Final Action section. We have made, and will continue to make, these
documents generally available electronically through www.regulation.gov
and/or in hard copy at the EPA Region 6 office.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or
[[Page 67650]]
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 4, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: October 20, 2015.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart LL --Oklahoma
0
2. In Sec. 52.1920, the table in paragraph (c) under the heading
entitled ``Chapter 100 (OAC 252:100). Air Pollution Control'' is
amended by:
0
a. Removing the heading entitled ``Subchapter 15. Motor Vehicle
Pollution Control Devices'' and the entries under this heading;
0
b. Revising entries for ``252:100-17-1'' and ``252:100-17-1.1'';
0
c. Removing the entry for ``252:100-17-1.2'';
0
d. Adding an entry for ``252:100-17-1.3'' in numerical order;
0
e. Revising entries for ``252:100-17-2'', ``252:100-17-2.1'',
``252:100-17-2.2'', ``252:100-17-4'', ``252:100-17-5'', ``252:100-17-
5.1'', and ``252:100-17-7'';
0
f. Adding the heading entitled ``Part 4. Biomedical Waste
Incinerators'' and entries for ``252:100-17-8'', ``252:100-17-9'',
``252:100-17-10'', and ``252:100-17-11'' in numerical order;
0
g. Revising entries for ``252:100-19-1.1'' and ``252:100-19-11'';
0
h. Revising the entry for ``252:100-25-3'';
0
i. Revising the entry for ``252:100, Appendix A'';
0
j. Removing the entry for ``252:100, Appendix B''; and
0
k. Revising entries for ``252:100, Appendix C'', ``252:100, Appendix
D'', ``252:100, Appendix E'', ``252:100, Appendix F'', and ``252:100,
Appendix G''.
The revisions and additions read as follows:
Sec. 52.1920 Identification of plan.
* * * * *
(c) * * *
EPA Approved Oklahoma Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/Subject effective date EPA Approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
CHAPTER 100 (OAC 252:100). AIR POLLUTION CONTROL
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 17. Incinerators
Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-17-1.................... Purpose........... 7/11/2010 11/3/2015 .....................
[Insert Federal
Register citation]
252:100-17-1.1.................. Reference to 40 7/11/2010 11/3/2015 .....................
CFR. [Insert Federal
Register citation]
252:100-17-1.3.................. Incinerators and 7/11/2010 11/3/2015 .....................
fuel-burning [Insert Federal
equipment or Register citation]
units.
----------------------------------------------------------------------------------------------------------------
Part 3. Incinerators
----------------------------------------------------------------------------------------------------------------
252:100-17-2.................... Applicability..... 7/11/2010 11/3/2015 .....................
[Insert Federal
Register citation]
[[Page 67651]]
252:100-17-2.1.................. Exemptions........ 7/11/2010 11/3/2015 .....................
[Insert Federal
Register citation]
252:100-17-2.2.................. Definitions....... 7/11/2010 11/3/2015 .....................
[Insert Federal
Register citation]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
252:100-17-4.................... Particulate matter 7/11/2010 11/3/2015 .....................
[Insert Federal
Register citation]
252:100-17-5.................... Incinerator design 7/11/2010 11/3/2015 .....................
and operation [Insert Federal
requirements. Register citation]
252:100-17-5.1.................. Alternative 7/11/2010 11/3/2015 .....................
incinerator [Insert Federal
design Register citation]
requirements.
252:100-17-7.................... Test methods...... 7/11/2010 11/3/2015 .....................
[Insert Federal
Register citation]
----------------------------------------------------------------------------------------------------------------
Part 4. Biomedical Waste Incinerators
----------------------------------------------------------------------------------------------------------------
252:100-17-8.................... Applicability..... 7/1/2011 11/3/2015 .....................
[Insert Federal
Register citation]
252:100-17-9.................... Definitions....... 7/1/2011 11/3/2015 .....................
[Insert Federal
Register citation]
252:100-17-10................... Design and 7/1/2011 11/3/2015 .....................
operation. [Insert Federal
Register citation]
252:100-17-11................... Emission limits... 7/1/2011 11/3/2015 .....................
[Insert Federal
Register citation]
----------------------------------------------------------------------------------------------------------------
Subchapter 19. Control of Emission of Particulate Matter
----------------------------------------------------------------------------------------------------------------
* * * * * * *
252:100-19-1.1.................. Definitions....... 7/1/2009 11/3/2015 .....................
[Insert Federal
Register citation]
* * * * * * *
252:100-19-11................... Allowable 7/1/2009 11/3/2015 .....................
particulate [Insert Federal
matter emission Register citation]
rates from
combined wood
fuel and fossil
fuel fired steam
generating units.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 25. Visible Emissions and Particulates
----------------------------------------------------------------------------------------------------------------
* * * * * * *
252:100-25-3.................... Opacity limit..... 7/1/2009 11/3/2015 .....................
[Insert Federal
Register citation]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Appendices for OAC 252: Chapter 100
----------------------------------------------------------------------------------------------------------------
252:100, Appendix A............. Allowable 7/11/2010 11/3/2015 .....................
Particulate [Insert Federal
Matter Emission Register citation]
Rate for
Incinerators.
252:100, Appendix C............. Allowable 7/1/2009 11/3/2015 .....................
Particulate [Insert Federal
Matter Emission Register citation]
Rates for
Indirectly Fired
Fuel-Burning
Units.
252:100, Appendix D............. Allowable 7/1/2009 11/3/2015 .....................
Particulate [Insert Federal
Matter Emission Register citation]
Rates for
Indirectly Fired
Wood Fuel-Burning
Units.
252:100, Appendix E............. Primary Ambient 7/1/2011 11/3/2015 .....................
Air Quality [Insert Federal
Standards. Register citation]
252:100, Appendix F............. Secondary Ambient 7/1/2010 11/3/2015 .....................
Air Quality [Insert Federal
Standards. Register citation]
252:100, Appendix G............. Allowable 7/1/2009 11/3/2015 .....................
Particulate [Insert Federal
Matter Emission Register citation]
Rates for
Directly Fired
Fuel-Burning
Units and
Industrial
Process.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 67652]]
* * * * *
[FR Doc. 2015-27918 Filed 11-2-15; 8:45 am]
BILLING CODE 6560-50-P
