Approval and Promulgation of Air Quality Implementation Plans; Oklahoma; Infrastructure for the Lead, Ozone, Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality Standards, 64377-64383 [2016-22560]
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Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules
As shown in Tables 5 and 6, the NOX
and VOC emission reductions through
2018 are sufficient to provide at least 3
percent emission reductions and thus
we find that the contingency measures
requirement are met for RFP.
submitted to EPA on July 10, 2015 and
supplemented on April 22, 2016. We are
proposing to approve the revised base
year emission inventory, the RFP plan,
the 2017 MVEBs; and RFP contingency
measures.
4. The Motor Vehicle Emissions Budgets
(MVEBs)
IV. 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, the
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, 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
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
According to the transportation
conformity rule, an RFP plan must
establish MVEBs for transportation
conformity purposes. See 40 CFR
93.118(b)(1)(i). The MVEB is the
mechanism to ensure that future
transportation activities will not
produce new air quality violations,
worsen existing violations, delay
reaching RFP milestones, or delay
timely attainment of the NAAQS. A
MVEB establishes the maximum amount
of emissions allowed in the SIP for onroad motor vehicles.
As part of the July 10, 2015, SIP
revision submittal, the TCEQ included
VOC and NOX MVEBs for 2017; these
budgets are provided in Table 7. For the
budgets to be approvable, they must
meet, at a minimum, EPA’s adequacy
criteria (40 CFR 93.118(e)(4)). The
availability of these budgets was posted
on our Web site on August 25, 2015, for
the purpose of soliciting public
comments on their adequacy. The
comment period closed on September
24, 2015, and we received no comments.
On January 11, 2016, we published the
Notice of Adequacy Determination for
these MVEBs (81 FR 1184). As a result
of such adequacy determination, these
MVEBs must be used by state and
Federal agencies in determining
whether proposed transportation
projects conform to the SIP as required
by section 176(c) of the CAA. The
adequacy determination represents a
preliminary finding by EPA of the
acceptability of the MVEBs. Today we
are proposing that these MVEBs are
fully consistent with RFP, as it sets the
allowable on-road mobile emissions the
DFW area can produce and continue to
demonstrate RFP.
TABLE 7—RFP MOTOR VEHICLE
EMISSIONS BUDGETS FOR DFW (tpd)
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Year
NOX
VOC
2017 ..................
148.36
77.18
III. Proposed Action
The EPA is proposing to approve
revisions to the Texas SIP to meet
certain requirements under section
182(b) of the CAA for the DFW
Moderate nonattainment area under the
2008 ozone standard that were
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64377
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 proposed 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).
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 14, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016–22564 Filed 9–19–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2012–0812; FRL–9951–36–
Region 6]
Approval and Promulgation of Air
Quality Implementation Plans;
Oklahoma; Infrastructure for the Lead,
Ozone, Nitrogen Dioxide and Sulfur
Dioxide National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Under the Federal Clean Air
Act (CAA or Act), the Environmental
Protection Agency (EPA) is proposing to
approve State Implementation Plan
(SIP) submissions from the State of
Oklahoma regarding the 2008 Lead (Pb),
2008 Ozone, 2010 Nitrogen Dioxide
(NO2), and 2010 Sulfur Dioxide (SO2)
National Ambient Air Quality Standards
(NAAQS or standards). The four
submittals address how the existing SIP
provides for implementation,
maintenance, and enforcement of these
four NAAQS (infrastructure SIP or iSIP). These i-SIPs ensure that the
Oklahoma SIP is adequate to meet the
State’s responsibilities under the Act,
including the CAA requirements for
interstate transport of Pb and NO2
emissions.
DATES: Written comments must be
received on or before October 20, 2016.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2012–0812, at https://
SUMMARY:
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www.regulations.gov or via email to
paige.carrie@epa.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Carrie Paige, (214) 665–6521,
paige.carrie@epa.gov. For the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
Docket: The docket index and
publicly available docket materials for
this action are 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,
paige.carrie@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with her or Bill Deese at
214–665–7253.
SUPPLEMENTARY INFORMATION: In this
document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means
the EPA.
I. Background
Pursuant to section 110(a)(1) of the
CAA, states are required to submit SIPs
that provide for the implementation,
maintenance and enforcement of a new
or revised NAAQS within 3 years
following the promulgation of such new
or revised NAAQS. Section 110(a)(2)
lists specific requirements that SIPs
must include to adequately address
such new or revised NAAQS, as
applicable.1
1 See EPA guidance documents: https://
www3.epa.gov/airquality/lead/pdfs/
20111014infrastructure.pdf and https://epa.gov/air/
urbanair/sipstatus/docs/Guidance_on_
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On March 27, 2008, following a
periodic review of the NAAQS for
ozone, EPA revised the primary and
secondary 8-hour NAAQS for ozone: the
level of the primary and secondary
standards was revised to 0.075 parts per
million (ppm), expressed to three
decimal places, based on a 3-year
average of the fourth-highest maximum
8-hour average concentration (see 73 FR
16436).2 Likewise, on November 12,
2008, we revised the primary and
secondary NAAQS for Pb to 0.15
micrograms per cubic meter (see 73 FR
66964). Similarly, on February 9, 2010,
EPA revised the primary NAAQS for
NO2 to establish a new 1-hour standard
at a level of 100 parts per billion (ppb),
based on the 3-year average of the 98th
percentile of the yearly distribution of 1hour daily maximum concentrations, to
supplement the existing annual
standard (see 75 FR 6474).3 Also, on
June 22, 2010, we revised the primary
NAAQS for SO2 to establish a new 1hour standard at a level of 75 ppb, based
on the 3-year average of the annual 99th
percentile of 1-hour daily maximum
concentrations (see 75 FR 35520.) We
refer to each of these NAAQS by the
year promulgated, e.g., ‘‘the 2008 ozone
standard.’’ For more information on
these standards, please visit https://
www.epa.gov/criteria-air-pollutants.
Our technical evaluation of the
Oklahoma submittals is provided in the
Technical Support Document (TSD),
which is in the docket for this
rulemaking.4 With the exception of
three sub-elements (or ‘‘prongs’’) that
pertain to interstate transport and
visibility protection, EPA is proposing
to approve the Oklahoma i-SIP
Infrastructure_SIP_Elements_Multipollutant_
FINAL_Sept_2013.pdf.
2 On October 1, 2015, EPA strengthened the
primary and secondary ozone standards to 70 parts
per billion (80 FR 65292, October 26, 2015). The
submittals under evaluation in this proposal do not
address such standards. For more information on
the 2015 ozone standards, please visit our Web site:
https://www.epa.gov/ozone-pollution/2015national-ambient-air-quality-standards-naaqsozone.
3 EPA also established requirements for the NO
2
monitoring network that includes monitors at
locations where maximum NO2 concentrations are
expected to occur, including within 50 meters of
major roadways, as well as monitors sited to
measure the area-wide NO2 concentrations that
occur more broadly across communities.
4 Additional information on: EPA’s approach for
reviewing i-SIPs; the details of the SIP submittal
and EPA’s evaluation; the effect of recent court
decisions on i-SIPs; the statute and regulatory
citations in the Oklahoma SIP specific to this
review; the specific applicable CAA and EPA
regulatory citations; Federal Register citations for
Oklahoma SIP approvals; Oklahoma minor New
Source Review program and EPA approval
activities; and Oklahoma Prevention of Significant
Deterioration (PSD) program can be found in the
TSD.
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submittals for the 2008 Pb and ozone
NAAQS, as well as the 2010 NO2 and
SO2 NAAQS as meeting the
requirements of an i-SIP. The exceptions
are: Section 110(a)(2)(D)(i)(I), prongs 1
and 2, which address the contribution to
nonattainment and interfere with
maintenance of the 2008 ozone and
2010 SO2 NAAQS in other states; and
section 110(a)(2)(D)(i)(II)—the prong
that specifically addresses visibility
protection for the 2010 SO2 NAAQS. We
will take separate action on these three
prongs for the 2008 ozone and 2010 SO2
NAAQS submittals.
II. EPA’s Evaluation of the Oklahoma iSIP and Interstate Transport Submittals
The State’s submittals on October 5,
2012; February 28, 2014; and January
28, 2015 demonstrate how the existing
Oklahoma SIP meets the infrastructure
requirements for the 2008 Pb and ozone
NAAQS and the 2010 NO2 and SO2
NAAQS. A summary of our evaluation
of the Oklahoma SIP for each applicable
element of CAA section 110(a)(2)(A)-(M)
follows. These SIP submissions became
complete by operation of law on April
5, 2013, August 28, 2014, and July 18,
2015, respectively, pursuant to CAA
section 110(k)(1)(B).
(A) Emission limits and other control
measures: CAA section 110(a)(2)(A)
requires SIPs to include enforceable
emission limits and other control
measures, means or techniques, as well
as schedules and timetables for
compliance, as may be necessary or
appropriate to meet the applicable
requirements of the Act, and other
related matters as needed to implement,
maintain and enforce each of the
NAAQS.5 The Oklahoma Clean Air Act
(OCAA) provides the Oklahoma
Department of Environmental Quality
(ODEQ) with broad legal authority, to
establish and implement air quality
programs and enforce regulations it has
promulgated. The ODEQ has authority
to adopt emission standards and
compliance schedules applicable to
regulated entities; other measures
necessary for attainment and
maintenance of the NAAQS; enforce
applicable laws, regulations, standards
5 The specific nonattainment area plan
requirements of section 110(a)(2)(I) are subject to
the timing requirements of section 172, not the
timing requirement of section 110(a)(1). Thus,
section 110(a)(2)(A) does not require that states
submit regulations or emissions limits specifically
for attaining the NAAQS. Those SIP provisions are
due as part of each state’s attainment plan, and will
be addressed separately from the requirements of
section 110(a)(2)(A). In the context of an i-SIP, we
are not evaluating the existing SIP provisions for
this purpose. Instead, EPA is only evaluating
whether the Oklahoma SIP has basic structural
provisions for the implementation of the NAAQS.
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and compliance schedules; and seek
injunctive relief. The approved SIP for
Oklahoma is documented at 40 CFR part
52.1920, Subpart LL. Most of the State’s
air quality rules and standards are
codified at Title 252, Chapter 100 of the
Oklahoma Administrative Code
(denoted OAC 252:100). A detailed list
of the applicable rules at OAC 252:100
and elsewhere in the OAC, along with
the citations for approval into the SIP,
is provided in Table 1 of the TSD.
(B) Ambient air quality monitoring/
data system: CAA section 110(a)(2)(B)
requires SIPs to provide for
establishment and implementation of
ambient air quality monitors, collection
and analysis of monitoring data, and
providing such data to EPA upon
request. The OCAA provides the
authority allowing the ODEQ to collect
air monitoring data, quality-assure the
results, and report the data. The ODEQ
maintains and operates a monitoring
network to measure ambient levels of
the pollutants in accordance with EPA
regulations which specify siting and
monitoring requirements. All
monitoring data is measured using EPA
approved methods and subject to EPA
quality assurance requirements. The
ODEQ submits all required data to EPA,
following EPA regulations. The
monitoring network was approved into
the SIP and undergoes annual review by
EPA.6 In addition, 40 CFR 58.10(d)
requires that state assess their
monitoring network every five years.
The ODEQ submitted their 5-year
monitoring network assessments to us
on April 11, 2016. Our comments on the
5-year assessment, dated July 22, 2016,
are in the docket for this rulemaking.7
The ODEQ Web site identifies
Oklahoma’s ambient monitor locations,
and provides past and current
concentrations of criteria pollutants
measured by the State’s monitors.8
(C) Program for enforcement: CAA
section 110(a)(2)(C) requires SIPs to
include the following three elements: (1)
A program providing for enforcement of
the measures in paragraph A above; (2)
a program for the regulation of the
modification and construction of
stationary sources as necessary to
protect the applicable NAAQS (i.e.,
state-wide permitting of minor sources);
6 A copy of the 2016 Annual Air Monitoring
Network Plan and EPA’s approval letter are
included in the docket for this proposed
rulemaking.
7 A copy of the ODEQ’s 5-year monitoring
network assessment and EPA’s evaluation are
included in the docket for this proposed
rulemaking.
8 see https://www.ODEQ.Oklahoma.gov/airquality/
monops/sites/mon_sites.html and https://
www17.ODEQ.Oklahoma.gov/tamis/
index.cfm?fuseaction=home.welcome.
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and (3) a permit program to meet the
major source permitting requirements of
the CAA (for areas designated as
attainment or unclassifiable for the
NAAQS in question).9
(1) Enforcement of SIP Measures. As
noted earlier in section 110(a)(2)(A), the
ODEQ and its Executive Director have
the authority to enforce the
requirements of the OCAA and any
regulations, permits, or final compliance
orders. This statute also provides the
ODEQ and its Executive Director with
general enforcement powers. Among
other things, they can investigate
regulated entities; issue field citations
and compliance orders; file lawsuits to
compel compliance with the statutes
and regulations; commence civil
actions; pursue criminal prosecutions;
collect criminal and civil penalties;
enter into remediation agreements; and
issue emergency orders to cease
operations. The OCAA also provides
additional enforcement authorities and
funding mechanisms.
(2) Minor New Source Review (NSR).
The CAA requires the SIP to include
measures to regulate construction and
modification of stationary sources to
protect the NAAQS. The Oklahoma
minor NSR permitting requirements
have been approved in the SIP.10
(3) Prevention of Significant
Deterioration (PSD) permit program.
Oklahoma’s PSD program covers all
NSR regulated pollutants, as well as the
NAAQS subject to our review contained
herein, and has been approved by EPA
into the SIP.11
(D)(i) Interstate Pollution Transport:
There are four requirements the SIP
must include relating to interstate
transport. The SIP must prohibit
emissions within Oklahoma from
contributing significantly to the
nonattainment of the NAAQS in other
states, and from interfering with the
maintenance of the NAAQS in other
states (section 110(a)(2)(D)(i)(I)). The SIP
must also prohibit emissions within
9 See
TSD, beginning on page 6.
is not proposing to approve or disapprove
the existing Oklahoma minor NSR program to the
extent that it may be inconsistent with EPA’s
regulations governing this program. EPA has
maintained that the CAA does not require that new
infrastructure SIP submissions correct any defects
in existing EPA-approved provisions of minor NSR
programs in order for EPA to approve the
infrastructure SIP for element C (e.g., 76 FR 41076–
41079). EPA believes that a number of states may
have minor NSR provisions that are contrary to the
existing EPA regulations for this program. The
statutory requirements of section 110(a)(2)(C)
provide for considerable flexibility in designing
minor NSR programs. Citations for the Oklahoma
NSR program are provided in our TSD for this
action.
11 See 79 FR 66626, November 10, 2014 and the
TSD for further discussion.
10 EPA
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Oklahoma both from interfering with
measures required to prevent significant
deterioration in other states and from
interfering with measures required to
protect visibility in other states (section
110(a)(2)(D)(i)(II)).
Lead: We propose to approve the
portion of the submittal that addresses
the requirement that emissions within
Oklahoma are prohibited from
contributing to nonattainment of the Pb
NAAQS in other states, and from
interfering with maintenance of the Pb
NAAQS in other states. The physical
properties of Pb, which is a basic metal
element and very dense, prevent Pb
emissions from experiencing a
significant degree of travel in the
ambient air. No complex chemistry is
needed to form Pb or Pb compounds in
the ambient air, thus, ambient
concentrations of Pb are typically
highest near Pb sources. There are no
areas within the State of Oklahoma
designated as nonattainment with
respect to the 2008 lead NAAQS. The
ODEQ 2016 ambient monitoring plan
provided information on lead sources:
there are two significant sources of Pb
emissions within the state that emit Pb
in amounts equal to or exceeding 0.5
tons per year and no sources within two
miles of a neighboring state line.12
We are also proposing to approve the
portion pertaining to the prevention of
significant deterioration in other states
for lead, as Oklahoma has an approved
PSD program. The program regulates all
NSR pollutants, (including greenhouse
gas or GHG), which prevents significant
deterioration in nearby States. In
addition, as described earlier in this
section, significant impacts from Pb
emissions from stationary sources are
limited to short distances from such
sources, so visibility is not effected by
lead emissions. Thus, we propose to
approve the portion of the Oklahoma
SIP related to the protection of visibility
in other states for the Pb NAAQS.
Nitrogen Dioxide: We propose to
approve the portion of the submittal
which addresses the prevention of
emissions which significantly
contribute to the nonattainment of the
NO2 NAAQS in other states and
interfere with the maintenance of the
NO2 NAAQS in other states. On
February 17, 2012, EPA designated the
entire country as ‘‘unclassifiable/
attainment’’ for the 2010 NO2 NAAQS.13
As listed in our NO2 Design Values
report, only one maintenance area exists
for the prior annual NO2 NAAQS (Los
12 Both sources are located in the Tulsa area; see
the FY2016 Oklahoma annual network monitoring
plan in the docket for this rulemaking.
13 77 FR 9532, February 17, 2012.
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Angeles, California).14 With no
nonattainment or maintenance areas in
surrounding states, Oklahoma does not
significantly contribute to
nonattainment or maintenance of these
NAAQS in any of the contiguous states.
Furthermore, during the three most
recent design value periods (2011
through 2013, 2012 through 2014, and
2013 through 2015) we found no
monitors violating the 2010 NO2
NAAQS in the US.
We are also proposing to approve the
portion of the submittal related to the
prevention of significant deterioration
in other states, as Oklahoma has an
approved PSD program. The program
regulates all NSR pollutants, including
GHG, which prevents significant
deterioration in nearby states. In
addition, on December 28, 2011 we
finalized a FIP that in combination with
the controls required by the portion of
the Oklahoma Regional Haze (RH)
submittal approved in the same
rulemaking, would serve to prevent
sources in Oklahoma from emitting
pollutants in amounts that would
interfere with efforts to protect visibility
in other states (see 76 FR 81728). On
March 7, 2014, we withdrew the FIP
and finalized our approval of the
revised Oklahoma RH plan and
interstate transport affecting visibility.
Thus, the Oklahoma SIP includes
provisions that satisfy the CAA
interstate pollution abatement
requirements of section
110(a)(2)(D)(i)(II) for the 2010 NO2
NAAQS.
Ozone: At this time we are not taking
action on the infrastructure submittal
regarding the prevention of emissions
which significantly contribute to
nonattainment of the ozone NAAQS in
other states, and interference with the
maintenance of the ozone NAAQS in
other states. We plan to act on this subelement in a separate action.
We are proposing to approve the
portion of the submittal addressing the
prevention of significant deterioration
in other states, as Oklahoma has an
approved PSD program. The program
regulates all NSR pollutants (including
GHG), which prevents significant
deterioration in nearby states. In
addition and as discussed earlier in this
rulemaking, on March 7, 2014, we
finalized our determination that
Oklahoma’s Regional Haze
Implementation Plan Revision meets the
CAA provisions concerning noninterference with programs to protect
visibility in other states, consistent with
14 See https://www.epa.gov/air-trends/air-qualitydesign-values#Design Value Reports and the docket
for this rulemaking.
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section 110(a)(2)(D)(i)(II) of the CAA
(see 79 FR 12944). Thus, the Oklahoma
SIP includes provisions that satisfy the
CAA interstate pollution abatement
requirements of section
110(a)(2)(D)(i)(II) for the 2008 ozone
NAAQS.
Sulfur Dioxide: At this time we are
not taking action on the infrastructure
submittal regarding the prevention of
emissions which significantly
contribute to nonattainment of the SO2
NAAQS in other states, and interference
with the maintenance of the SO2
NAAQS in other states (prongs 1 and 2).
We are also not taking action on the
portion of the submittal addressing
visibility protection (prong 4). We plan
to act on these three sub-elements in a
separate action.
We are proposing to approve only the
sub-element addressing the prevention
of significant deterioration in other
states, as Oklahoma has an approved
PSD program. The program regulates all
NSR pollutants (including GHG), which
prevents significant deterioration in
nearby states.
(D)(ii)Interstate Pollution Abatement
and International Air Pollution:
Pursuant to section 110(a)(2)(D)(ii)),
states must comply with the
requirements listed in sections 115 and
126 of the CAA which were designed to
aid in the abatement of interstate and
international pollution. Section 126(a)
requires new or modified sources to
notify neighboring states of potential
impacts from the source. Oklahoma’s
PSD program contains the element
pertaining to notification of neighboring
states of the issuance of PSD permits.
Section 115 relates to international
pollution abatement. There are no
findings by EPA that air emissions
originating in Oklahoma affect other
countries. Thus, the Oklahoma SIP
satisfies the requirements of section
110(a)(2)(D)(ii) for the four NAAQS
discussed herein.
(E) Adequate authority, resources,
implementation, and oversight: The SIP
must provide for the following: (1)
Necessary assurances that the state (and
other entities within the state
responsible for implementing the SIP)
will have adequate personnel, funding,
and authority under state or local law to
implement the SIP, and that there are no
legal impediments to such
implementation; (2) compliance with
requirements relating to state boards as
explained in section 128 of the CAA;
and (3) necessary assurances that the
state has responsibility for ensuring
adequate implementation of any plan
provision for which it relies on local
governments or other entities to carry
out that portion of the plan.
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Sections 110(a)(2)(A) and (C),
discussed earlier in this rulemaking,
also require that the state have adequate
authority to implement and enforce the
SIP without legal impediments. The
State’s submittals describe the
Oklahoma statutes and SIP regulations
governing the various functions of
personnel within the ODEQ, including
the administrative, technical support,
planning, enforcement, and permitting
functions of the program. See the TSD
for further detail.
With respect to funding, the OCAA
and the SIP provide the ODEQ with
authority to hire and compensate
employees; accept and administer grants
or other funds; require the ODEQ to
establish an emissions fee schedule for
sources in order to fund the reasonable
costs of administering various air
pollution control programs; and
authorizes the ODEQ to collect
additional fees necessary to cover
reasonable costs associated with
processing air permit applications. The
EPA conducts periodic program reviews
to ensure that the state has adequate
resources and funding to, among other
things, implement and enforce the SIP.
As required by the CAA, the
Oklahoma statutes and the SIP stipulate
that any board or body that approves
permits or enforcement orders must
have at least a majority of members who
represent the public interest and do not
derive any ‘‘significant portion’’ of their
income from persons subject to permits
and enforcement orders; and the
members of the board or body, or the
head of an agency with similar powers,
are required to adequately disclose any
potential conflicts of interest.
Oklahoma has not delegated authority
to implement any of the provisions of its
plan to local governmental entities—the
ODEQ acts as the primary air pollution
control agency.
(F) Stationary source monitoring
system: The SIP must provide for the
establishment of a system to monitor
emissions from stationary sources and
to submit periodic emission reports. It
must require the installation,
maintenance, and replacement of
equipment, and the implementation of
other necessary steps, by owners or
operators of stationary sources, to
monitor emissions from sources. The
SIP shall also require periodic reports
on the nature and amounts of emissions
and emissions-related data from
sources, and require that the state
correlate the source reports with
emission limitations or standards
established under the CAA. These
reports must be made available for
public inspection at reasonable times.
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The OCAA and SIP require stationary
sources to monitor or test emissions and
to file reports containing information
relating to the nature and amount of
emissions. There also are SIP-approved
State regulations pertaining to sampling
and testing and requirements for
reporting of emissions inventories. In
addition, SIP-approved rules establish
general requirements for maintaining
records and reporting emissions.15 The
ODEQ uses this information, in addition
to information obtained from other
sources, to track progress towards
maintaining the NAAQS, developing
control and maintenance strategies,
identifying sources and general
emission levels, and determining
compliance with SIP-approved
regulations and additional EPA
requirements. The SIP requires this
information be made available to the
public. Provisions concerning the
handling of confidential data and
proprietary business information are
included in the SIP-approved
regulations. These rules specifically
exclude from confidential treatment any
records concerning the nature and
amount of emissions reported by
sources.
(G) Emergency authority: The SIP
must provide the ODEQ with authority
to restrain any source from causing
imminent and substantial endangerment
to public health or welfare or the
environment. The SIP must include an
adequate contingency plan to
implement the ODEQ’s emergency
authority.
The OCAA provides the ODEQ with
authority to address environmental
emergencies. The ODEQ has an
‘‘Emergency Episode Plan,’’ which
includes contingency measures and
these provisions are in the SIP (see 56
FR 5656, February 12, 1991). The ODEQ
has general emergency powers to
address any possible dangerous air
pollution episode if necessary to protect
the environment and public health.
(H) Future SIP revisions: States must
have the authority to revise their SIPs in
response to changes in the NAAQS,
availability of improved methods for
attaining the NAAQS, or in response to
an EPA finding that the SIP is
substantially inadequate to attain the
NAAQS. The OCAA authorizes the
ODEQ to revise the Oklahoma SIP as
necessary, to account for revisions to an
existing NAAQS, establishment of a
new NAAQS, to attain and maintain a
NAAQS, to abate air pollution, to adopt
more effective methods of attaining a
NAAQS, and to respond to EPA SIP
15 A list of such rules and SIP approval dates are
provided in Table 4 of the TSD.
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calls concerning NAAQS adoption or
implementation.
(I) Nonattainment areas: Section
110(a)(2)(I) of the Act requires that in
the case of a plan or plan revision for
areas designated as nonattainment,
states must meet applicable
requirements of part D of the CAA,
relating to SIP requirements for
designated nonattainment areas. There
are no areas designated as
nonattainment in Oklahoma. In
addition, as noted earlier, EPA believes
that nonattainment area requirements
should be treated separately from the
infrastructure SIP requirements. The
specific SIP submissions for designated
nonattainment areas, as required under
CAA title I, part D, are subject to
different submission schedules than
those for section 110 infrastructure
elements. Instead, EPA will take action
on any part D attainment plan SIP
submissions through a separate
rulemaking process governed by the
requirements for nonattainment areas,
as described in part D.
(J) Consultation with government
officials, public notification, PSD and
visibility protection: The SIP must meet
the following three CAA requirements:
(1) Section 121, relating to interagency
consultation; (2) section 127 relating to
public notification of NAAQS
exceedances and related issues; and, (3)
prevention of significant deterioration of
air quality and visibility protection.
(1) Interagency consultation: As
required by the OCAA and the
Oklahoma SIP, there must be a public
hearing before the adoption of any
regulations or emission control
requirements, and all interested persons
must be given a reasonable opportunity
to review the action that is being
proposed and to submit data or
arguments, and to examine the
testimony of witnesses from the hearing.
In addition, the OCAA provides the
ODEQ the power and duty to advise,
consult and cooperate with other
agencies of the State, towns, cities,
counties, industries, other states, and
the federal government regarding the
prevention and control of new and
existing air contamination sources in
the State. Furthermore, the Oklahoma
PSD SIP rules mandate that the ODEQ
shall provide for public participation
and notification regarding permitting
applications to any other state or local
air pollution control agencies, local
government officials of the city or
county where the source will be located,
tribal authorities, and Federal Land
Managers (FLMs) whose lands may be
affected by emissions from the source or
modification. Additionally, the State’s
PSD SIP rules require the ODEQ to
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64381
consult with FLMs regarding permit
applications for sources with the
potential to impact Class I Federal
Areas. The SIP also includes a
commitment to consult continually with
the FLMs on the review and
implementation of the visibility
program, and the State recognizes the
expertise of the FLMs in monitoring and
new source review applicability
analyses for visibility and has agreed to
notify the FLMs of any advance
notification or early consultation with a
major new or modifying source prior to
the submission of a permit application.
(2) Public Notification: The ODEQ
regularly notifies the public of instances
or areas in which any NAAQS are
exceeded. Included in the SIP are the
rules for ODEQ to advise the public of
the health hazard associated with such
exceedances, enhance public awareness
of measures that can prevent such
exceedances, and inform the public on
how it can participate in regulatory and
other efforts to improve air quality. In
addition, as described in the discussion
of section 110(a)(2)(B) earlier in this
rulemaking, the ODEQ air monitoring
Web site provides quality data for each
of the monitoring stations in Oklahoma;
this data is provided instantaneously for
certain pollutants, such as ozone. The
Web site also provides information on
the health effects of all six criteria
pollutants.
(3) PSD and Visibility Protection: The
PSD requirements for this element are
the same as those addressed under
110(a)(2)(C) earlier in this rulemaking—
the State has a SIP-approved PSD
program, so this requirement has been
met. The Oklahoma SIP requirements
relating to visibility and regional haze
are not affected when EPA establishes or
revises a NAAQS. Therefore, EPA
believes that there are no new visibility
protection requirements due to the
revision of the Pb and ozone NAAQS in
2008, and the NO2 and SO2 NAAQS in
2010, and consequently there are no
newly applicable visibility protection
obligations here.
(K) Air quality and modeling/data:
The SIP must provide for performing air
quality modeling, as prescribed by EPA,
to predict the effects on ambient air
quality of any emissions of any NAAQS
pollutant, and for submission of such
data to EPA upon request.
The ODEQ has the authority and duty
under the OCAA to conduct air quality
research and assessments, including the
causes, effects, prevention, control and
abatement of air pollution. Past
modeling and emissions reductions
measures have been submitted by the
State and approved into the SIP.
Additionally, the ODEQ has the ability
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to perform modeling for the NAAQS on
a case-by-case permit basis consistent
with their SIP-approved PSD rules and
EPA guidance. Furthermore, the OCAA
empowers the ODEQ to cooperate with
the federal government and others
concerning matters of common interest
in the field of air quality control,
thereby allowing the agency to make
such submissions to the EPA.
(L) Permitting Fees: The SIP must
require each major stationary source to
pay permitting fees to the permitting
authority as a condition of any permit
required under the CAA. The fees cover
the cost of reviewing and acting upon
any application for such a permit, and,
if the permit is issued, the costs of
implementing and enforcing the terms
of the permit. The fee requirement
applies until such a time when a fee
program is established by the state
pursuant to Title V of the CAA, and is
submitted to and is approved by EPA.
The State has met this requirement as it
has a fully developed fee system in
place and approved in the SIP. See also
the discussion of section 110(a)(2)(E)
earlier in this rulemaking action.
(M) Consultation/participation by
affected local entities: The SIP must
provide for consultation and
participation by local political
subdivisions affected by the SIP.
See the discussion of section
110(a)(2)(J)(1) and (2) earlier in this
rulemaking for a description of the SIP’s
public participation process, the
authority to advise and consult, and the
PSD SIP public participation
requirements. Additionally, the OCAA
requires cooperative action between
itself and other agencies of the State,
towns, cities, counties, industry, other
states, affected groups, and the federal
government in the prevention and
control of air pollution.
III. Proposed Action
EPA is proposing to approve in part
the October 5, 2012, February 28, 2014
and January 28, 2015, infrastructure SIP
submissions from Oklahoma, which
address the requirements of CAA
sections 110(a)(1) and (2) as applicable
to the 2008 Pb, 2008 ozone, 2010 NO2,
and 2010 SO2 NAAQS. Table 1 outlines
the specific actions we are proposing to
take.
TABLE 1—PROPOSED ACTION ON OKLAHOMA INFRASTRUCTURE SIP SUBMITTALS FOR VARIOUS NAAQS
2008
ozone
110(a)(2) Element
(A): Emission limits and other control measures .................................................................................................
(B): Ambient air quality monitoring and data system ...........................................................................................
(C)(i): Enforcement of SIP measures ...................................................................................................................
(C)(ii): PSD program for major sources and major modifications ........................................................................
(C)(iii): Permitting program for minor sources and minor modifications ..............................................................
(D)(i)(I): Contribute to nonattainment/interfere with maintenance of NAAQS (requirements 1 and 2) ................
(D)(i)(II): PSD (requirement 3) ..............................................................................................................................
(D)(i)(II): Visibility Protection (requirement 4) .......................................................................................................
(D)(ii): Interstate and International Pollution Abatement ......................................................................................
(E)(i): Adequate resources ...................................................................................................................................
(E)(ii): State boards ..............................................................................................................................................
(E)(iii): Necessary assurances with respect to local agencies .............................................................................
(F): Stationary source monitoring system ............................................................................................................
(G): Emergency power .........................................................................................................................................
(H): Future SIP revisions ......................................................................................................................................
(I): Nonattainment area plan or plan revisions under part D ...............................................................................
(J)(i): Consultation with government officials .......................................................................................................
(J)(ii): Public notification .......................................................................................................................................
(J)(iii): PSD ...........................................................................................................................................................
(J)(iv): Visibility protection .....................................................................................................................................
(K): Air quality modeling and data ........................................................................................................................
(L): Permitting fees ...............................................................................................................................................
(M): Consultation and participation by affected local entities ..............................................................................
PR
PR
PR
PR
PR
SA
PR
PR
PR
PR
PR
PR
PR
PR
PR
NG
PR
PR
PR
PR
PR
PR
PR
2008
Pb
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
NG
PR
PR
PR
PR
PR
PR
PR
2010
NO2
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
NG
PR
PR
PR
PR
PR
PR
PR
2010
SO2
PR
PR
PR
PR
PR
SA
PR
SA
PR
PR
PR
PR
PR
PR
PR
NG
PR
PR
PR
PR
PR
PR
PR
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Key to Table 1:
NG—Element is not germane to infrastructure SIPs.
PR—Proposing to approve in this action.
SA—Acting on this infrastructure requirement in a separate rulemaking.
Based upon review of these
infrastructure SIP submissions and
relevant statutory and regulatory
authorities and provisions referenced in
these submissions or referenced in the
Oklahoma SIP, we believe Oklahoma
has the infrastructure in place to
address all applicable required elements
of sections 110(a)(1) and (2) (except as
noted in Table 1) to ensure that the 2008
Pb, 2008 Ozone, 2010 NO2, and 2010
SO2 NAAQS are implemented in the
State.
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IV. 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:
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• 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
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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
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).
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 proposed 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).
List of Subjects in 40 CFR part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Interstate transport of pollution, Lead,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Sulfur
oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 13, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016–22560 Filed 9–19–16; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 455
Office of Inspector General
42 CFR Part 1007
RIN 0936–AA07
Medicaid; Revisions to State Medicaid
Fraud Control Unit Rules
Office of Inspector General
(OIG) and Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Proposed rule.
AGENCIES:
This proposed rule would
amend the regulation governing State
Medicaid Fraud Control Units (MFCUs
or Units). The proposed rule would
incorporate statutory changes affecting
the MFCUs as well as policy and
practice changes that have occurred
since the regulation was initially issued
in 1978. These changes include a
codification of OIG’s delegated
authority, MFCU authority, functions,
and responsibilities; disallowances; and
issues related to organization,
prosecutorial authority, staffing,
recertification, and the MFCUs’
relationship with Medicaid agencies.
DATES: To ensure consideration,
comments must be delivered to the
address provided below by no later than
5 p.m. Eastern Standard Time on
November 21, 2016.
ADDRESSES: In commenting, please
reference file code OIG–406–P. Because
of staff and resource limitations, we
cannot accept comments by facsimile
(FAX) transmission. However, you may
submit comments using one of two ways
(no duplicates, please):
1. Electronically. We strongly
encourage you to submit your comments
via the Internet. You may submit
electronically through the Federal
eRulemaking Portal at https://
www.regulations.gov. (Attachments
should be in Microsoft Word, if
possible.)
2. By regular, express, or overnight
mail. Because of potential delays in our
receipt and processing of mail, we
encourage respondents to submit
comments electronically to ensure
timely receipt. However, you may mail
your printed or written submissions to
the following address:
Patrice Drew, Office of Inspector
General, Department of Health and
Human Services, Attention: OIG–406–
SUMMARY:
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P, Cohen Building, 330 Independence
Avenue SW, Room 5269, Washington,
DC 20201.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period. Comments
received after the end of the comment
period may not be considered.
Inspection of Public Comments: All
comments received before the end of the
comment period will be posted on
https://www.regulations.gov for public
viewing. Hard copies will also be
available for public inspection at the
Office of Inspector General, Department
of Health and Human Services, Cohen
Building, 330 Independence Avenue
SW, Washington, DC 20201, Monday
through Friday from 10 a.m. to 4 p.m.
To schedule an appointment to view
public comments, phone (202) 619–
1368.
FOR FURTHER INFORMATION CONTACT:
Susan Burbach, (202) 708–9789 or
Richard Stern, (202) 205–0572, Office of
Inspector General, for questions relating
to the proposed rule.
SUPPLEMENTARY INFORMATION:
Executive Summary
A. Need for Regulatory Action
We propose to amend this regulation
for two reasons. First, we want to
incorporate into the rule the statutory
changes that have occurred since the
1977 enactment of the MedicareMedicaid Anti-Fraud and Abuse
Amendments (Pub. L. 95–142), which
amended section 1903(a) of the Social
Security Act (the Act) to provide for
Federal participation in the costs
attributable to establishing and
operating a State Medicaid Fraud
Control Unit (MFCU or Unit). Second,
we want to align the rule with practices
and policies that have developed and
evolved since the initial version of the
rule was issued in 1978, 43 FR 32078
(July 24, 1978), codified at 42 CFR part
1007. Because of the extensive nature of
our proposal, we have republished the
entirety of part 1007 and incorporated
our proposed changes as part of that
publication. However, for some sections
within part 1007, we are not proposing
substantive changes.
B. Legal Authority
The legal authority for this regulatory
action is found in the Act as follows:
1007: SSA §§ 1902(a)(61), 1903(a)(6),
1903(b)(3), 1903(q), and 1102. 455: SSA
§§ 1902(a)(4), 1903(i)(2), 1909.
C. Summary of Major Provisions
(1) Statutory Changes. We propose to
incorporate statutory changes that have
occurred since 1977, including (1)
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]]>Agencies
[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Proposed Rules]
[Pages 64377-64383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22560]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2012-0812; FRL-9951-36-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Oklahoma; Infrastructure for the Lead, Ozone, Nitrogen Dioxide and
Sulfur Dioxide National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Under the Federal Clean Air Act (CAA or Act), the
Environmental Protection Agency (EPA) is proposing to approve State
Implementation Plan (SIP) submissions from the State of Oklahoma
regarding the 2008 Lead (Pb), 2008 Ozone, 2010 Nitrogen Dioxide
(NO2), and 2010 Sulfur Dioxide (SO2) National
Ambient Air Quality Standards (NAAQS or standards). The four submittals
address how the existing SIP provides for implementation, maintenance,
and enforcement of these four NAAQS (infrastructure SIP or i-SIP).
These i-SIPs ensure that the Oklahoma SIP is adequate to meet the
State's responsibilities under the Act, including the CAA requirements
for interstate transport of Pb and NO2 emissions.
DATES: Written comments must be received on or before October 20, 2016.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2012-0812, at https://
[[Page 64378]]
www.regulations.gov or via email to paige.carrie@epa.gov. Follow the
online instructions for submitting comments. Once submitted, comments
cannot be edited or removed from Regulations.gov. EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact Carrie
Paige, (214) 665-6521, paige.carrie@epa.gov. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The docket index and publicly available docket materials
for this action are 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,
paige.carrie@epa.gov. To inspect the hard copy materials, please
schedule an appointment with her or Bill Deese at 214-665-7253.
SUPPLEMENTARY INFORMATION: In this document ``we,'' ``us,'' and ``our''
means the EPA.
I. Background
Pursuant to section 110(a)(1) of the CAA, states are required to
submit SIPs that provide for the implementation, maintenance and
enforcement of a new or revised NAAQS within 3 years following the
promulgation of such new or revised NAAQS. Section 110(a)(2) lists
specific requirements that SIPs must include to adequately address such
new or revised NAAQS, as applicable.\1\
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\1\ See EPA guidance documents: https://www3.epa.gov/airquality/lead/pdfs/20111014infrastructure.pdf and https://epa.gov/air/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
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On March 27, 2008, following a periodic review of the NAAQS for
ozone, EPA revised the primary and secondary 8-hour NAAQS for ozone:
the level of the primary and secondary standards was revised to 0.075
parts per million (ppm), expressed to three decimal places, based on a
3-year average of the fourth-highest maximum 8-hour average
concentration (see 73 FR 16436).\2\ Likewise, on November 12, 2008, we
revised the primary and secondary NAAQS for Pb to 0.15 micrograms per
cubic meter (see 73 FR 66964). Similarly, on February 9, 2010, EPA
revised the primary NAAQS for NO2 to establish a new 1-hour
standard at a level of 100 parts per billion (ppb), based on the 3-year
average of the 98th percentile of the yearly distribution of 1-hour
daily maximum concentrations, to supplement the existing annual
standard (see 75 FR 6474).\3\ Also, on June 22, 2010, we revised the
primary NAAQS for SO2 to establish a new 1-hour standard at
a level of 75 ppb, based on the 3-year average of the annual 99th
percentile of 1-hour daily maximum concentrations (see 75 FR 35520.) We
refer to each of these NAAQS by the year promulgated, e.g., ``the 2008
ozone standard.'' For more information on these standards, please visit
https://www.epa.gov/criteria-air-pollutants.
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\2\ On October 1, 2015, EPA strengthened the primary and
secondary ozone standards to 70 parts per billion (80 FR 65292,
October 26, 2015). The submittals under evaluation in this proposal
do not address such standards. For more information on the 2015
ozone standards, please visit our Web site: https://www.epa.gov/ozone-pollution/2015-national-ambient-air-quality-standards-naaqs-ozone.
\3\ EPA also established requirements for the NO2
monitoring network that includes monitors at locations where maximum
NO2 concentrations are expected to occur, including
within 50 meters of major roadways, as well as monitors sited to
measure the area-wide NO2 concentrations that occur more
broadly across communities.
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Our technical evaluation of the Oklahoma submittals is provided in
the Technical Support Document (TSD), which is in the docket for this
rulemaking.\4\ With the exception of three sub-elements (or ``prongs'')
that pertain to interstate transport and visibility protection, EPA is
proposing to approve the Oklahoma i-SIP submittals for the 2008 Pb and
ozone NAAQS, as well as the 2010 NO2 and SO2
NAAQS as meeting the requirements of an i-SIP. The exceptions are:
Section 110(a)(2)(D)(i)(I), prongs 1 and 2, which address the
contribution to nonattainment and interfere with maintenance of the
2008 ozone and 2010 SO2 NAAQS in other states; and section
110(a)(2)(D)(i)(II)--the prong that specifically addresses visibility
protection for the 2010 SO2 NAAQS. We will take separate
action on these three prongs for the 2008 ozone and 2010 SO2
NAAQS submittals.
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\4\ Additional information on: EPA's approach for reviewing i-
SIPs; the details of the SIP submittal and EPA's evaluation; the
effect of recent court decisions on i-SIPs; the statute and
regulatory citations in the Oklahoma SIP specific to this review;
the specific applicable CAA and EPA regulatory citations; Federal
Register citations for Oklahoma SIP approvals; Oklahoma minor New
Source Review program and EPA approval activities; and Oklahoma
Prevention of Significant Deterioration (PSD) program can be found
in the TSD.
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II. EPA's Evaluation of the Oklahoma i-SIP and Interstate Transport
Submittals
The State's submittals on October 5, 2012; February 28, 2014; and
January 28, 2015 demonstrate how the existing Oklahoma SIP meets the
infrastructure requirements for the 2008 Pb and ozone NAAQS and the
2010 NO2 and SO2 NAAQS. A summary of our
evaluation of the Oklahoma SIP for each applicable element of CAA
section 110(a)(2)(A)-(M) follows. These SIP submissions became complete
by operation of law on April 5, 2013, August 28, 2014, and July 18,
2015, respectively, pursuant to CAA section 110(k)(1)(B).
(A) Emission limits and other control measures: CAA section
110(a)(2)(A) requires SIPs to include enforceable emission limits and
other control measures, means or techniques, as well as schedules and
timetables for compliance, as may be necessary or appropriate to meet
the applicable requirements of the Act, and other related matters as
needed to implement, maintain and enforce each of the NAAQS.\5\ The
Oklahoma Clean Air Act (OCAA) provides the Oklahoma Department of
Environmental Quality (ODEQ) with broad legal authority, to establish
and implement air quality programs and enforce regulations it has
promulgated. The ODEQ has authority to adopt emission standards and
compliance schedules applicable to regulated entities; other measures
necessary for attainment and maintenance of the NAAQS; enforce
applicable laws, regulations, standards
[[Page 64379]]
and compliance schedules; and seek injunctive relief. The approved SIP
for Oklahoma is documented at 40 CFR part 52.1920, Subpart LL. Most of
the State's air quality rules and standards are codified at Title 252,
Chapter 100 of the Oklahoma Administrative Code (denoted OAC 252:100).
A detailed list of the applicable rules at OAC 252:100 and elsewhere in
the OAC, along with the citations for approval into the SIP, is
provided in Table 1 of the TSD.
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\5\ The specific nonattainment area plan requirements of section
110(a)(2)(I) are subject to the timing requirements of section 172,
not the timing requirement of section 110(a)(1). Thus, section
110(a)(2)(A) does not require that states submit regulations or
emissions limits specifically for attaining the NAAQS. Those SIP
provisions are due as part of each state's attainment plan, and will
be addressed separately from the requirements of section
110(a)(2)(A). In the context of an i-SIP, we are not evaluating the
existing SIP provisions for this purpose. Instead, EPA is only
evaluating whether the Oklahoma SIP has basic structural provisions
for the implementation of the NAAQS.
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(B) Ambient air quality monitoring/data system: CAA section
110(a)(2)(B) requires SIPs to provide for establishment and
implementation of ambient air quality monitors, collection and analysis
of monitoring data, and providing such data to EPA upon request. The
OCAA provides the authority allowing the ODEQ to collect air monitoring
data, quality-assure the results, and report the data. The ODEQ
maintains and operates a monitoring network to measure ambient levels
of the pollutants in accordance with EPA regulations which specify
siting and monitoring requirements. All monitoring data is measured
using EPA approved methods and subject to EPA quality assurance
requirements. The ODEQ submits all required data to EPA, following EPA
regulations. The monitoring network was approved into the SIP and
undergoes annual review by EPA.\6\ In addition, 40 CFR 58.10(d)
requires that state assess their monitoring network every five years.
The ODEQ submitted their 5-year monitoring network assessments to us on
April 11, 2016. Our comments on the 5-year assessment, dated July 22,
2016, are in the docket for this rulemaking.\7\ The ODEQ Web site
identifies Oklahoma's ambient monitor locations, and provides past and
current concentrations of criteria pollutants measured by the State's
monitors.\8\
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\6\ A copy of the 2016 Annual Air Monitoring Network Plan and
EPA's approval letter are included in the docket for this proposed
rulemaking.
\7\ A copy of the ODEQ's 5-year monitoring network assessment
and EPA's evaluation are included in the docket for this proposed
rulemaking.
\8\ see https://www.ODEQ.Oklahoma.gov/airquality/monops/sites/mon_sites.html and https://www17.ODEQ.Oklahoma.gov/tamis/index.cfm?fuseaction=home.welcome.
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(C) Program for enforcement: CAA section 110(a)(2)(C) requires SIPs
to include the following three elements: (1) A program providing for
enforcement of the measures in paragraph A above; (2) a program for the
regulation of the modification and construction of stationary sources
as necessary to protect the applicable NAAQS (i.e., state-wide
permitting of minor sources); and (3) a permit program to meet the
major source permitting requirements of the CAA (for areas designated
as attainment or unclassifiable for the NAAQS in question).\9\
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\9\ See TSD, beginning on page 6.
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(1) Enforcement of SIP Measures. As noted earlier in section
110(a)(2)(A), the ODEQ and its Executive Director have the authority to
enforce the requirements of the OCAA and any regulations, permits, or
final compliance orders. This statute also provides the ODEQ and its
Executive Director with general enforcement powers. Among other things,
they can investigate regulated entities; issue field citations and
compliance orders; file lawsuits to compel compliance with the statutes
and regulations; commence civil actions; pursue criminal prosecutions;
collect criminal and civil penalties; enter into remediation
agreements; and issue emergency orders to cease operations. The OCAA
also provides additional enforcement authorities and funding
mechanisms.
(2) Minor New Source Review (NSR). The CAA requires the SIP to
include measures to regulate construction and modification of
stationary sources to protect the NAAQS. The Oklahoma minor NSR
permitting requirements have been approved in the SIP.\10\
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\10\ EPA is not proposing to approve or disapprove the existing
Oklahoma minor NSR program to the extent that it may be inconsistent
with EPA's regulations governing this program. EPA has maintained
that the CAA does not require that new infrastructure SIP
submissions correct any defects in existing EPA-approved provisions
of minor NSR programs in order for EPA to approve the infrastructure
SIP for element C (e.g., 76 FR 41076-41079). EPA believes that a
number of states may have minor NSR provisions that are contrary to
the existing EPA regulations for this program. The statutory
requirements of section 110(a)(2)(C) provide for considerable
flexibility in designing minor NSR programs. Citations for the
Oklahoma NSR program are provided in our TSD for this action.
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(3) Prevention of Significant Deterioration (PSD) permit program.
Oklahoma's PSD program covers all NSR regulated pollutants, as well as
the NAAQS subject to our review contained herein, and has been approved
by EPA into the SIP.\11\
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\11\ See 79 FR 66626, November 10, 2014 and the TSD for further
discussion.
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(D)(i) Interstate Pollution Transport: There are four requirements
the SIP must include relating to interstate transport. The SIP must
prohibit emissions within Oklahoma from contributing significantly to
the nonattainment of the NAAQS in other states, and from interfering
with the maintenance of the NAAQS in other states (section
110(a)(2)(D)(i)(I)). The SIP must also prohibit emissions within
Oklahoma both from interfering with measures required to prevent
significant deterioration in other states and from interfering with
measures required to protect visibility in other states (section
110(a)(2)(D)(i)(II)).
Lead: We propose to approve the portion of the submittal that
addresses the requirement that emissions within Oklahoma are prohibited
from contributing to nonattainment of the Pb NAAQS in other states, and
from interfering with maintenance of the Pb NAAQS in other states. The
physical properties of Pb, which is a basic metal element and very
dense, prevent Pb emissions from experiencing a significant degree of
travel in the ambient air. No complex chemistry is needed to form Pb or
Pb compounds in the ambient air, thus, ambient concentrations of Pb are
typically highest near Pb sources. There are no areas within the State
of Oklahoma designated as nonattainment with respect to the 2008 lead
NAAQS. The ODEQ 2016 ambient monitoring plan provided information on
lead sources: there are two significant sources of Pb emissions within
the state that emit Pb in amounts equal to or exceeding 0.5 tons per
year and no sources within two miles of a neighboring state line.\12\
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\12\ Both sources are located in the Tulsa area; see the FY2016
Oklahoma annual network monitoring plan in the docket for this
rulemaking.
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We are also proposing to approve the portion pertaining to the
prevention of significant deterioration in other states for lead, as
Oklahoma has an approved PSD program. The program regulates all NSR
pollutants, (including greenhouse gas or GHG), which prevents
significant deterioration in nearby States. In addition, as described
earlier in this section, significant impacts from Pb emissions from
stationary sources are limited to short distances from such sources, so
visibility is not effected by lead emissions. Thus, we propose to
approve the portion of the Oklahoma SIP related to the protection of
visibility in other states for the Pb NAAQS.
Nitrogen Dioxide: We propose to approve the portion of the
submittal which addresses the prevention of emissions which
significantly contribute to the nonattainment of the NO2
NAAQS in other states and interfere with the maintenance of the
NO2 NAAQS in other states. On February 17, 2012, EPA
designated the entire country as ``unclassifiable/attainment'' for the
2010 NO2 NAAQS.\13\ As listed in our NO2 Design
Values report, only one maintenance area exists for the prior annual
NO2 NAAQS (Los
[[Page 64380]]
Angeles, California).\14\ With no nonattainment or maintenance areas in
surrounding states, Oklahoma does not significantly contribute to
nonattainment or maintenance of these NAAQS in any of the contiguous
states. Furthermore, during the three most recent design value periods
(2011 through 2013, 2012 through 2014, and 2013 through 2015) we found
no monitors violating the 2010 NO2 NAAQS in the US.
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\13\ 77 FR 9532, February 17, 2012.
\14\ See https://www.epa.gov/air-trends/air-quality-design-values#Design Value Reports and the docket for this rulemaking.
---------------------------------------------------------------------------
We are also proposing to approve the portion of the submittal
related to the prevention of significant deterioration in other states,
as Oklahoma has an approved PSD program. The program regulates all NSR
pollutants, including GHG, which prevents significant deterioration in
nearby states. In addition, on December 28, 2011 we finalized a FIP
that in combination with the controls required by the portion of the
Oklahoma Regional Haze (RH) submittal approved in the same rulemaking,
would serve to prevent sources in Oklahoma from emitting pollutants in
amounts that would interfere with efforts to protect visibility in
other states (see 76 FR 81728). On March 7, 2014, we withdrew the FIP
and finalized our approval of the revised Oklahoma RH plan and
interstate transport affecting visibility. Thus, the Oklahoma SIP
includes provisions that satisfy the CAA interstate pollution abatement
requirements of section 110(a)(2)(D)(i)(II) for the 2010 NO2
NAAQS.
Ozone: At this time we are not taking action on the infrastructure
submittal regarding the prevention of emissions which significantly
contribute to nonattainment of the ozone NAAQS in other states, and
interference with the maintenance of the ozone NAAQS in other states.
We plan to act on this sub-element in a separate action.
We are proposing to approve the portion of the submittal addressing
the prevention of significant deterioration in other states, as
Oklahoma has an approved PSD program. The program regulates all NSR
pollutants (including GHG), which prevents significant deterioration in
nearby states. In addition and as discussed earlier in this rulemaking,
on March 7, 2014, we finalized our determination that Oklahoma's
Regional Haze Implementation Plan Revision meets the CAA provisions
concerning non-interference with programs to protect visibility in
other states, consistent with section 110(a)(2)(D)(i)(II) of the CAA
(see 79 FR 12944). Thus, the Oklahoma SIP includes provisions that
satisfy the CAA interstate pollution abatement requirements of section
110(a)(2)(D)(i)(II) for the 2008 ozone NAAQS.
Sulfur Dioxide: At this time we are not taking action on the
infrastructure submittal regarding the prevention of emissions which
significantly contribute to nonattainment of the SO2 NAAQS
in other states, and interference with the maintenance of the
SO2 NAAQS in other states (prongs 1 and 2). We are also not
taking action on the portion of the submittal addressing visibility
protection (prong 4). We plan to act on these three sub-elements in a
separate action.
We are proposing to approve only the sub-element addressing the
prevention of significant deterioration in other states, as Oklahoma
has an approved PSD program. The program regulates all NSR pollutants
(including GHG), which prevents significant deterioration in nearby
states.
(D)(ii)Interstate Pollution Abatement and International Air
Pollution: Pursuant to section 110(a)(2)(D)(ii)), states must comply
with the requirements listed in sections 115 and 126 of the CAA which
were designed to aid in the abatement of interstate and international
pollution. Section 126(a) requires new or modified sources to notify
neighboring states of potential impacts from the source. Oklahoma's PSD
program contains the element pertaining to notification of neighboring
states of the issuance of PSD permits. Section 115 relates to
international pollution abatement. There are no findings by EPA that
air emissions originating in Oklahoma affect other countries. Thus, the
Oklahoma SIP satisfies the requirements of section 110(a)(2)(D)(ii) for
the four NAAQS discussed herein.
(E) Adequate authority, resources, implementation, and oversight:
The SIP must provide for the following: (1) Necessary assurances that
the state (and other entities within the state responsible for
implementing the SIP) will have adequate personnel, funding, and
authority under state or local law to implement the SIP, and that there
are no legal impediments to such implementation; (2) compliance with
requirements relating to state boards as explained in section 128 of
the CAA; and (3) necessary assurances that the state has responsibility
for ensuring adequate implementation of any plan provision for which it
relies on local governments or other entities to carry out that portion
of the plan.
Sections 110(a)(2)(A) and (C), discussed earlier in this
rulemaking, also require that the state have adequate authority to
implement and enforce the SIP without legal impediments. The State's
submittals describe the Oklahoma statutes and SIP regulations governing
the various functions of personnel within the ODEQ, including the
administrative, technical support, planning, enforcement, and
permitting functions of the program. See the TSD for further detail.
With respect to funding, the OCAA and the SIP provide the ODEQ with
authority to hire and compensate employees; accept and administer
grants or other funds; require the ODEQ to establish an emissions fee
schedule for sources in order to fund the reasonable costs of
administering various air pollution control programs; and authorizes
the ODEQ to collect additional fees necessary to cover reasonable costs
associated with processing air permit applications. The EPA conducts
periodic program reviews to ensure that the state has adequate
resources and funding to, among other things, implement and enforce the
SIP.
As required by the CAA, the Oklahoma statutes and the SIP stipulate
that any board or body that approves permits or enforcement orders must
have at least a majority of members who represent the public interest
and do not derive any ``significant portion'' of their income from
persons subject to permits and enforcement orders; and the members of
the board or body, or the head of an agency with similar powers, are
required to adequately disclose any potential conflicts of interest.
Oklahoma has not delegated authority to implement any of the
provisions of its plan to local governmental entities--the ODEQ acts as
the primary air pollution control agency.
(F) Stationary source monitoring system: The SIP must provide for
the establishment of a system to monitor emissions from stationary
sources and to submit periodic emission reports. It must require the
installation, maintenance, and replacement of equipment, and the
implementation of other necessary steps, by owners or operators of
stationary sources, to monitor emissions from sources. The SIP shall
also require periodic reports on the nature and amounts of emissions
and emissions-related data from sources, and require that the state
correlate the source reports with emission limitations or standards
established under the CAA. These reports must be made available for
public inspection at reasonable times.
[[Page 64381]]
The OCAA and SIP require stationary sources to monitor or test
emissions and to file reports containing information relating to the
nature and amount of emissions. There also are SIP-approved State
regulations pertaining to sampling and testing and requirements for
reporting of emissions inventories. In addition, SIP-approved rules
establish general requirements for maintaining records and reporting
emissions.\15\ The ODEQ uses this information, in addition to
information obtained from other sources, to track progress towards
maintaining the NAAQS, developing control and maintenance strategies,
identifying sources and general emission levels, and determining
compliance with SIP-approved regulations and additional EPA
requirements. The SIP requires this information be made available to
the public. Provisions concerning the handling of confidential data and
proprietary business information are included in the SIP-approved
regulations. These rules specifically exclude from confidential
treatment any records concerning the nature and amount of emissions
reported by sources.
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\15\ A list of such rules and SIP approval dates are provided in
Table 4 of the TSD.
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(G) Emergency authority: The SIP must provide the ODEQ with
authority to restrain any source from causing imminent and substantial
endangerment to public health or welfare or the environment. The SIP
must include an adequate contingency plan to implement the ODEQ's
emergency authority.
The OCAA provides the ODEQ with authority to address environmental
emergencies. The ODEQ has an ``Emergency Episode Plan,'' which includes
contingency measures and these provisions are in the SIP (see 56 FR
5656, February 12, 1991). The ODEQ has general emergency powers to
address any possible dangerous air pollution episode if necessary to
protect the environment and public health.
(H) Future SIP revisions: States must have the authority to revise
their SIPs in response to changes in the NAAQS, availability of
improved methods for attaining the NAAQS, or in response to an EPA
finding that the SIP is substantially inadequate to attain the NAAQS.
The OCAA authorizes the ODEQ to revise the Oklahoma SIP as necessary,
to account for revisions to an existing NAAQS, establishment of a new
NAAQS, to attain and maintain a NAAQS, to abate air pollution, to adopt
more effective methods of attaining a NAAQS, and to respond to EPA SIP
calls concerning NAAQS adoption or implementation.
(I) Nonattainment areas: Section 110(a)(2)(I) of the Act requires
that in the case of a plan or plan revision for areas designated as
nonattainment, states must meet applicable requirements of part D of
the CAA, relating to SIP requirements for designated nonattainment
areas. There are no areas designated as nonattainment in Oklahoma. In
addition, as noted earlier, EPA believes that nonattainment area
requirements should be treated separately from the infrastructure SIP
requirements. The specific SIP submissions for designated nonattainment
areas, as required under CAA title I, part D, are subject to different
submission schedules than those for section 110 infrastructure
elements. Instead, EPA will take action on any part D attainment plan
SIP submissions through a separate rulemaking process governed by the
requirements for nonattainment areas, as described in part D.
(J) Consultation with government officials, public notification,
PSD and visibility protection: The SIP must meet the following three
CAA requirements: (1) Section 121, relating to interagency
consultation; (2) section 127 relating to public notification of NAAQS
exceedances and related issues; and, (3) prevention of significant
deterioration of air quality and visibility protection.
(1) Interagency consultation: As required by the OCAA and the
Oklahoma SIP, there must be a public hearing before the adoption of any
regulations or emission control requirements, and all interested
persons must be given a reasonable opportunity to review the action
that is being proposed and to submit data or arguments, and to examine
the testimony of witnesses from the hearing. In addition, the OCAA
provides the ODEQ the power and duty to advise, consult and cooperate
with other agencies of the State, towns, cities, counties, industries,
other states, and the federal government regarding the prevention and
control of new and existing air contamination sources in the State.
Furthermore, the Oklahoma PSD SIP rules mandate that the ODEQ shall
provide for public participation and notification regarding permitting
applications to any other state or local air pollution control
agencies, local government officials of the city or county where the
source will be located, tribal authorities, and Federal Land Managers
(FLMs) whose lands may be affected by emissions from the source or
modification. Additionally, the State's PSD SIP rules require the ODEQ
to consult with FLMs regarding permit applications for sources with the
potential to impact Class I Federal Areas. The SIP also includes a
commitment to consult continually with the FLMs on the review and
implementation of the visibility program, and the State recognizes the
expertise of the FLMs in monitoring and new source review applicability
analyses for visibility and has agreed to notify the FLMs of any
advance notification or early consultation with a major new or
modifying source prior to the submission of a permit application.
(2) Public Notification: The ODEQ regularly notifies the public of
instances or areas in which any NAAQS are exceeded. Included in the SIP
are the rules for ODEQ to advise the public of the health hazard
associated with such exceedances, enhance public awareness of measures
that can prevent such exceedances, and inform the public on how it can
participate in regulatory and other efforts to improve air quality. In
addition, as described in the discussion of section 110(a)(2)(B)
earlier in this rulemaking, the ODEQ air monitoring Web site provides
quality data for each of the monitoring stations in Oklahoma; this data
is provided instantaneously for certain pollutants, such as ozone. The
Web site also provides information on the health effects of all six
criteria pollutants.
(3) PSD and Visibility Protection: The PSD requirements for this
element are the same as those addressed under 110(a)(2)(C) earlier in
this rulemaking--the State has a SIP-approved PSD program, so this
requirement has been met. The Oklahoma SIP requirements relating to
visibility and regional haze are not affected when EPA establishes or
revises a NAAQS. Therefore, EPA believes that there are no new
visibility protection requirements due to the revision of the Pb and
ozone NAAQS in 2008, and the NO2 and SO2 NAAQS in
2010, and consequently there are no newly applicable visibility
protection obligations here.
(K) Air quality and modeling/data: The SIP must provide for
performing air quality modeling, as prescribed by EPA, to predict the
effects on ambient air quality of any emissions of any NAAQS pollutant,
and for submission of such data to EPA upon request.
The ODEQ has the authority and duty under the OCAA to conduct air
quality research and assessments, including the causes, effects,
prevention, control and abatement of air pollution. Past modeling and
emissions reductions measures have been submitted by the State and
approved into the SIP. Additionally, the ODEQ has the ability
[[Page 64382]]
to perform modeling for the NAAQS on a case-by-case permit basis
consistent with their SIP-approved PSD rules and EPA guidance.
Furthermore, the OCAA empowers the ODEQ to cooperate with the federal
government and others concerning matters of common interest in the
field of air quality control, thereby allowing the agency to make such
submissions to the EPA.
(L) Permitting Fees: The SIP must require each major stationary
source to pay permitting fees to the permitting authority as a
condition of any permit required under the CAA. The fees cover the cost
of reviewing and acting upon any application for such a permit, and, if
the permit is issued, the costs of implementing and enforcing the terms
of the permit. The fee requirement applies until such a time when a fee
program is established by the state pursuant to Title V of the CAA, and
is submitted to and is approved by EPA. The State has met this
requirement as it has a fully developed fee system in place and
approved in the SIP. See also the discussion of section 110(a)(2)(E)
earlier in this rulemaking action.
(M) Consultation/participation by affected local entities: The SIP
must provide for consultation and participation by local political
subdivisions affected by the SIP.
See the discussion of section 110(a)(2)(J)(1) and (2) earlier in
this rulemaking for a description of the SIP's public participation
process, the authority to advise and consult, and the PSD SIP public
participation requirements. Additionally, the OCAA requires cooperative
action between itself and other agencies of the State, towns, cities,
counties, industry, other states, affected groups, and the federal
government in the prevention and control of air pollution.
III. Proposed Action
EPA is proposing to approve in part the October 5, 2012,
February 28, 2014 and January 28, 2015, infrastructure SIP submissions
from Oklahoma, which address the requirements of CAA sections 110(a)(1)
and (2) as applicable to the 2008 Pb, 2008 ozone, 2010 NO2,
and 2010 SO2 NAAQS. Table 1 outlines the specific actions we
are proposing to take.
Table 1--Proposed Action on Oklahoma Infrastructure SIP Submittals for
Various NAAQS
------------------------------------------------------------------------
2008
110(a)(2) Element ozone 2008 Pb 2010 NO2 2010 SO2
------------------------------------------------------------------------
(A): Emission limits and PR PR PR PR
other control measures.
(B): Ambient air quality PR PR PR PR
monitoring and data system.
(C)(i): Enforcement of SIP PR PR PR PR
measures.
(C)(ii): PSD program for PR PR PR PR
major sources and major
modifications.
(C)(iii): Permitting program PR PR PR PR
for minor sources and minor
modifications.
(D)(i)(I): Contribute to SA PR PR SA
nonattainment/interfere with
maintenance of NAAQS
(requirements 1 and 2).
(D)(i)(II): PSD (requirement PR PR PR PR
3).
(D)(i)(II): Visibility PR PR PR SA
Protection (requirement 4).
(D)(ii): Interstate and PR PR PR PR
International Pollution
Abatement.
(E)(i): Adequate resources... PR PR PR PR
(E)(ii): State boards........ PR PR PR PR
(E)(iii): Necessary PR PR PR PR
assurances with respect to
local agencies.
(F): Stationary source PR PR PR PR
monitoring system.
(G): Emergency power......... PR PR PR PR
(H): Future SIP revisions.... PR PR PR PR
(I): Nonattainment area plan NG NG NG NG
or plan revisions under part
D.
(J)(i): Consultation with PR PR PR PR
government officials.
(J)(ii): Public notification. PR PR PR PR
(J)(iii): PSD................ PR PR PR PR
(J)(iv): Visibility PR PR PR PR
protection.
(K): Air quality modeling and PR PR PR PR
data.
(L): Permitting fees......... PR PR PR PR
(M): Consultation and PR PR PR PR
participation by affected
local entities.
------------------------------------------------------------------------
Key to Table 1:
NG--Element is not germane to infrastructure SIPs.
PR--Proposing to approve in this action.
SA--Acting on this infrastructure requirement in a separate rulemaking.
Based upon review of these infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in these submissions or referenced in the Oklahoma SIP, we believe
Oklahoma has the infrastructure in place to address all applicable
required elements of sections 110(a)(1) and (2) (except as noted in
Table 1) to ensure that the 2008 Pb, 2008 Ozone, 2010 NO2,
and 2010 SO2 NAAQS are implemented in the State.
IV. 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
[[Page 64383]]
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 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).
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 proposed
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).
List of Subjects in 40 CFR part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Interstate transport of
pollution, Lead, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 13, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-22560 Filed 9-19-16; 8:45 am]
BILLING CODE 6560-50-P
