Approval and Promulgation of Implementation Plans; Oklahoma; Revisions to Major New Source Review Permitting, 66532-66538 [2016-23189]

Download as PDF 66532 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Rules and Regulations listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). sradovich on DSK3GMQ082PROD with RULES D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive order 13132. Also, this rule does not have tribal implications under Executive order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or VerDate Sep<11>2014 17:53 Sep 27, 2016 Jkt 238001 more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a safety zone for filming from a low flying helicopter on the Main Branch of the Chicago River in Chicago, IL. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T09–0883 to read as follows: ■ PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 § 165.T09–0883 Safety Zone; Main Branch of the Chicago River, Chicago, IL. (a) Location. All waters of the Main Branch of the Chicago River between the Franklin-Orleans Street Highway Bridge and the Michigan Avenue Highway Bridge. (b) Enforcement Period. This rule will be enforced intermittently on October 1, 2016 from 6 p.m. to 11 p.m. or an alternate date of October 2, 2016 from 6 p.m. to 11 p.m. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or a designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Lake Michigan or a designated on-scene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port Lake Michigan is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Lake Michigan to act on his or her behalf. (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Lake Michigan or an on-scene representative to obtain permission to do so. The Captain of the Port Lake Michigan or an on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Lake Michigan, or an on-scene representative. Dated: September 21, 2016. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2016–23318 Filed 9–27–16; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2014–0221; FRL–9951–54– Region 6] Approval and Promulgation of Implementation Plans; Oklahoma; Revisions to Major New Source Review Permitting Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: E:\FR\FM\28SER1.SGM 28SER1 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Rules and Regulations The Environmental Protection Agency (EPA) is approving severable portions of revisions to the Oklahoma New Source Review (NSR) State Implementation Plan (SIP) submitted by the State of Oklahoma on June 24, 2010; July 16, 2010; December 27, 2010; February 6, 2012; and January 18, 2013. These revisions update the Prevention of Significant Deterioration (PSD) and Nonattainment NSR (NNSR) permit programs to be consistent with federal permitting requirements and make general updates to the Oklahoma SIP to support major NSR permitting. We are taking this final action under section 110, parts C and D of the Clean Air Act (CAA). DATES: This rule is effective on October 28, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R06–OAR–2014–0221. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http:// www.regulations.gov or in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733. FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, (214) 665–2115, wiley.adina@epa.gov. SUMMARY: SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ means the EPA. I. Background The background for this action is discussed in detail in our June 30, 2016 proposal at 81 FR 42587. In that document we proposed to approve revisions to the General Provisions in the Oklahoma SIP submitted on July 16, 2010 and December 27, 2010. These revisions included updates to the definitions and units, abbreviations, and acronyms used throughout the Oklahoma SIP; provisions establishing the ability to incorporate by reference federal requirements; revisions to the PSD increments regulated under the Oklahoma SIP; and updates to the Emission Inventory provisions. We also proposed to approve revisions to the Oklahoma PSD and NNSR Programs that had been submitted on June 24, 2010; July 16, 2010; February 6, 2012; and January 18, 2013. These proposed revisions had been submitted by the State of Oklahoma to address amendments to the federal PSD and NNSR regulations made in the following final rules: • NSR Reform Rule (67 FR 800186, December 31, 2002) and (68 FR 63021, November 7, 2003); • Implementation of the 8-hour Ozone (O3) NAAQS-Phase 2; Final Rule to Implement Certain Aspects of the 1990 Amendments Relating to NSR and PSD as They Apply to Carbon Monoxide (CO), PM and O3 NAAQS (70 FR 71612, November 29, 2005); 66533 • PSD and NNSR: Reasonable Possibility in Recordkeeping (72 FR 72607, December 21, 2007); • NSR PM2.5 Implementation Rule (73 FR 28321, May 16, 2008); • PSD for PM2.5—Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC) (75 FR 64864, October 20, 2010); • GHG Tailoring Rule (75 FR 31514, June 3, 2010) (specific to PSD permitting only); and • PSD and NNSR: Reconsideration of Inclusion of Fugitive Rule (76 FR 17548, March 30, 2011). The EPA provided a 30-day comment period on our proposed action. We did not receive any comments on our proposed action. As such, we are finalizing as proposed. II. Final Action We are approving the following severable revisions to the Oklahoma SIP submitted on June 24, 2010; July 16, 2010; December 27, 2010; February 6, 2012; and January 18, 2013. The revisions were adopted and submitted in accordance with the requirements of the CAA and the EPA’s regulations regarding SIP development at 40 CFR part 51. Additionally, we have determined that the submitted revisions to the Oklahoma PSD and NNSR programs are consistent with our major source permitting regulations at 40 CFR 51.160–51.166 and the associated policy and guidance. Therefore, under section 110 and parts C and D of the Act, the EPA approves into the Oklahoma SIP the following revisions: TABLE 1—REVISIONS TO THE OKLAHOMA SIP Title Effective date OAC 252:100–1–1 ............... OAC 252:100–1–2 ............... OAC 252:100–1–3 ............... General Provisions, Purpose ........................................ General Provisions, Statutory definitions ...................... General Provisions, Definitions ..................................... OAC 252:100–1–4 ............... General Provisions, Units, Abbreviations and acronyms. OAC 252:100–2–1 ............... OAC 252:100–2–3 ............... OAC 252:100–3–4 ............... sradovich on DSK3GMQ082PROD with RULES Section OAC 252:100, Appendix P .. OAC 252:100, Appendix Q .. Incorporation by Reference (IBR) Purpose ................... IBR, Incorporation by Reference ................................... Air Quality Standards and Increments, Significant Deterioration Increments. Regulated Air Pollutants ................................................ Incorporation by Reference ........................................... OAC 252:100–5–1.1 ............ OAC 252:100–5–2.1 ............ Definitions ...................................................................... Emission Inventory ........................................................ OAC 252:100–8–1.1 ............ OAC 252:100–8–30 ............. General Provisions, Definitions ..................................... Prevention of Significant Deterioration (PSD) Requirements for Attainment Areas, Applicability. June 12, 2003 ................... June 12, 2003 ................... June 12, 2003 ................... July 1, 2008 ....................... July 1, 2009 ....................... June 15, 2006 ................... July 1, 2011 ....................... July 1, 2012 ....................... June 12, 2003 ................... July 1, 2009 ....................... July 1, 2011 ....................... July 1, 2012 ....................... July 1, 2012 ....................... June 15, 2005 ................... July 1, 2011 ....................... June 15, 2007 ................... July 1, 2009 ....................... July 1, 2012 ....................... June 15, 2007 ................... June 11, 2004 ................... June 15, 2007 ................... June 15, 2006 ................... June 1, 2009 ..................... June 15, 2006 ................... VerDate Sep<11>2014 17:53 Sep 27, 2016 Jkt 238001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\28SER1.SGM 28SER1 Submittal date July 16, 2010. July 16, 2010. July 16, 2010. July 16, 2010. July 16, 2010. July 16, 2010. February 6, 2012. January 18, 2013. July 16, 2010. July 16, 2010. February 6, 2012. January 18, 2013. January 18, 2013. December 27, 2010. February 6, 2012. July 16, 2010. July 16, 2010. January 18, 2013. July 16, 2010. July 16, 2010. July 16, 2010. July 16, 2010. June 24, 2010. July 16, 2010. 66534 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Rules and Regulations TABLE 1—REVISIONS TO THE OKLAHOMA SIP—Continued Section Title Effective date OAC 252:100–8–31 ............. PSD, Definitions ............................................................ OAC OAC OAC OAC OAC 252:100–8–32 ............. 252:100–8–32.1 .......... 252:100–8–32.2 .......... 252:100–8–32.3 .......... 252:100–8–33 ............. PSD, Source Applicability Determination ...................... PSD Ambient Air Increments and Ceilings ................... PSD Exclusion from Increment Consumption ............... PSD Stack Heights ........................................................ PSD, Exemptions .......................................................... OAC 252:100–8–34 ............. OAC 252:100–8–35 ............. PSD, Control Technology Review ................................. PSD Air Quality Impact Evaluation ............................... OAC OAC OAC OAC OAC 252:100–8–35.1 .......... 252:100–8–35.2 .......... 252:100–8–36 ............. 252:100–8–36.2 .......... 252:100–8–37 ............. PSD Source Information ............................................... PSD Additional Impact Analyses .................................. PSD Source Impacting Class I Areas ........................... PSD Source Obligation ................................................. PSD, Innovative Control Technology ............................ OAC 252:100–8–38 ............. PSD, Actuals PAL ......................................................... OAC 252:100–8–39 ............. OAC 252:100–8–50 ............. OAC 252:100–8–50.1 .......... PSD Severability ........................................................... Majors Affecting Nonattainment Areas (NNSR), Applicability. NNSR, Incorporation by Reference .............................. OAC 252:100–8–51 ............. NNSR, Definitions ......................................................... OAC 252:100–8–51.1 .......... NNSR Emission reductions and offsets ........................ OAC 252:100–8–52 ............. NNSR, Applicability determination for sources in attainment areas causing or contributing to NAAQS violations. NNSR, Exemptions ....................................................... June 1, 2009 ..................... June 15, 2006 ................... July 1, 2011 ....................... July 1, 2012 ....................... Revoked June 15, 2006 .... June 15, 2006 ................... June 15, 2006 ................... June 15, 2006 ................... June 1, 2009 ..................... June 15, 2006 ................... July 1, 2011 ....................... July 1, 2012 ....................... June 15, 2006 ................... June 15, 2006 ................... July 1, 2011 ....................... June 15, 2006 ................... June 15, 2006 ................... June 15, 2006 ................... June 15, 2006 ................... June 1, 2009 ..................... June 15, 2006 ................... June 1, 2009 ..................... June 15, 2006 ................... June 15, 2006 ................... June 1, 2009 ..................... June 15, 2006 ................... June 1, 2009 ..................... June 15, 2006 ................... July 1, 2011 ....................... June 1, 2009 ..................... June 15, 2006 ................... July 1, 2011 ....................... June 15, 2006 ................... July 1, 2011 ....................... July 1, 2012 ....................... June 1, 2009 ..................... June 15, 2006 ................... July 1, 2011 ....................... June 1, 2009 ..................... June 15, 2006 ................... June 15, 2006 ................... June 24, 2010. July 16, 2010. February 6, 2012. January 18, 2013. Revoked July 16, 2010. July 16, 2010. July 16, 2010. July 16, 2010. June 24, 2010. July 16, 2010. February 6, 2012. January 18, 2013. July 16, 2010. July 16, 2010. February 6, 2012. July 16, 2010. July 16, 2010. July 16, 2010. July 16, 2010. June 24, 2010. July 16, 2010. June 24, 2010. July 16, 2010. July 16, 2010. June 24, 2010. July 16, 2010. June 24, 2010. July 16, 2010. February 6, 2012. June 24, 2010. July 16, 2010. February 6, 2012. July 16, 2010. February 6, 2012. January 18, 2013. June 24, 2010. July 16, 2010. February 6, 2012. June 24, 2010. July 16, 2010. July 16, 2010. June June June June June June June 24, 2010. June 24, 2010. July 16, 2010. June 24, 2010. July 16, 2010. July 16, 2010. OAC 252:100–8–53 ............. OAC 252:100–8–54.1 .......... OAC 252:100–8–55 ............. NNSR Requirements for sources located in nonattainment areas. NNSR, Ozone and PM10 precursors ............................. NNSR, Source Obligation ............................................. OAC 252:100–8–56 ............. NNSR, Actuals PAL ...................................................... OAC 252:100–8–57 ............. sradovich on DSK3GMQ082PROD with RULES OAC 252:100–8–54 ............. NNSR Severability ......................................................... As a result of this final approval of the revisions to the Oklahoma SIP addressing the GHG Step 1 permitting requirements, we are removing the provisions at 40 CFR 52.1929(c), under which the EPA narrowed the applicability of the Oklahoma PSD program to regulate sources consistent with federal requirements because these provisions at 40 CFR 52.1929(c) are no longer necessary. The EPA finds that the February 6, 2012, revisions to the Oklahoma NNSR program address all required NNSR elements for the implementation of the 1997 and 2006 PM2.5 NAAQS. We note that the Oklahoma NNSR program does not include regulation of VOCs and ammonia as PM2.5 precursors. However, VerDate Sep<11>2014 17:53 Sep 27, 2016 Jkt 238001 1, 2009 ..................... 1, 2009 ..................... 15, 2006 ................... 1, 2009 ..................... 15, 2006 ................... 15, 2006 ................... as section 189(e) of the Act requires regulation of PM2.5 precursors that significantly contribute to PM2.5 levels ‘‘which exceed the standard in the area’’ and Oklahoma does not have a designated PM2.5 nonattainment area, the revisions addressing only SO2 and NOX are not inconsistent with the requirements of the CAA. In the event that an area is designated nonattainment for the 2012 PM2.5 NAAQS, or any other future PM2.5 NAAQS, Oklahoma will have a deadline under section 189(a)(2) of the CAA to make a submission addressing the statutory requirements as to that area, including the requirements in section 189(e) that apply to the regulation of PM2.5 precursors. PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 Submittal date The EPA is also finalizing a ministerial correction to 40 CFR 52.1920(c) to remove a duplicate entry for the SIP approval of OAC 252:100–5– 1. We are removing the first listing of this section; we retain the identical entry in numerical order under OAC, Title 252, Subchapter 5—Registration, Emissions Inventory, and Annual Operating Fees. III. Incorporation by Reference In this rule, we are finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are finalizing the incorporation by reference of the revisions to the Oklahoma regulations as E:\FR\FM\28SER1.SGM 28SER1 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Rules and Regulations described in the Final Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 6 office. sradovich on DSK3GMQ082PROD with RULES IV. Statutory and Executive Order Reviews Under the Clean Air Act, 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 Clean Air Act. Accordingly, this action merely approves 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 VerDate Sep<11>2014 17:53 Sep 27, 2016 Jkt 238001 be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 28, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 21, 2016. Ron Curry, Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart LL—Oklahoma 2. In § 52.1920(c), the table titled ‘‘EPA Approved Oklahoma Regulations’’ is amended by: ■ a. Revising the entries for 252:100–1– 1, 252:100–1–2, 252:100–1–3, 252:100– 3–4, 252:100–5–1.1, 252:100–5–2.1, 252:100–8–1.1, 252:100–8–30, 252:100– 8–31, 252:100–8–33, 252:100–8–34, 252:100–8–35, 252:100–8–36, 252:100– 8–37, 252:100–8–50, 252:100–8–51, 252:100–8–52, 252:100–8–53, and 252:100–8–54; ■ b. Adding a centered heading titled ‘‘Subchapter 2: Incorporation by Reference’’ and entries for 252:100–2–1 and 252:100–2–3 in numerical order; ■ c. Adding entries in numerical order for 252:100–1–4, 252:100–8–32.1, 252:100–8–32.2, 252:100–8–32.3, 252:100–8–35.1, 252:100–8–35.2, 252:100–8–36.2, 252:100–8–38, 252:100–8–39, 252:100–8–50.1, 252:100–8–51.1, 252:100–8–54.1, 252:100–8–55, 252:100–8–56, 252:100– 8–57, 252:100 Appendix P, and 252:100 Appendix Q; and ■ d. Removing the first centered heading titled ‘‘Subchapter 5. Registration, Emissions Inventory and Annual Operating Fees’’, the first entry for 252:100–5–1, and the entry for 252:100–8–32. The additions and revisions read as follows: ■ List of Subjects in 40 CFR Part 52 § 52.1920 Environmental protection, Air pollution control, Carbon monoxide, * PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 66535 Identification of plan. * * (c) * * * E:\FR\FM\28SER1.SGM 28SER1 * * 66536 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Rules and Regulations EPA APPROVED OKLAHOMA REGULATIONS State citation * State effective date Title/subject * * EPA approval date * Explanation * * * Chapter 100 (OAC 252:100). Air Pollution Control Subchapter 1. General Provisions 252:100–1–1 ......... Purpose ....................................... 6/12/2003 252:100–1–2 ......... Statutory definitions ..................... 6/12/2003 252:100–1–3 ......... Definitions .................................... 7/1/2012 252:100–1–4 ......... Units, abbreviations and acronyms. 7/1/2011 9/28/2016, [Insert Federal Register citation]. 9/28/2016, [Insert Federal Register citation]. 9/28/2016, [Insert Federal Register citation]. SIP does not include revisions to the definition of ‘‘carbon dioxide equivalent emissions’’ for the GHG Biomass Deferral, effective on 7/1/2012 and submitted on 1/13/2013. 9/28/2016, [Insert Federal Register citation]. Subchapter 2: Incorporation by Reference 252:100–2–1 ......... Purpose ....................................... 7/1/2012 252:100–2–3 ......... Incorporation by reference .......... 7/1/2012 9/28/2016, [Insert Federal Register citation]. 9/28/2016, [Insert Federal Register citation]. Subchapter 3: Air Quality Standards and Increments * 252:100–3–4 ......... * Significant ments. deterioration * incre- * 7/1/2011 * 9/28/2016, [Insert Federal Register citation]. * * Subchapter 5: Registration, Emissions Inventory and Annual Operating Fees * 252:100–5–1.1 ...... * * Definitions .................................... * 6/15/2007 * 9/28/2016, [Insert Federal Register citation]. * * * 252:100–5–2.1 ...... * * Emission inventory ...................... * 6/15/2007 * 9/28/2016, [Insert Federal Register citation]. * * * * * * * * * * * * * Subchapter 8: Permits for Part 70 Sources Part 1. General Provisions * 252:100–8–1.1 ...... * * * Definitions .................................... * * * 6/15/2006 * 9/28/2016, [Insert Federal Register citation]. * * Part 7. Prevention of Significant Deterioration (PSD) Requirements for Attainment Areas sradovich on DSK3GMQ082PROD with RULES 252:100–8–30 ....... VerDate Sep<11>2014 Applicability .................................. 17:53 Sep 27, 2016 Jkt 238001 PO 00000 Frm 00050 6/1/2009 Fmt 4700 9/28/2016, [Insert Federal Register citation]. Sfmt 4700 E:\FR\FM\28SER1.SGM 28SER1 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Rules and Regulations 66537 EPA APPROVED OKLAHOMA REGULATIONS—Continued State effective date State citation Title/subject 252:100–8–31 ....... Definitions .................................... 7/1/2012 252:100–8–32.1 .... 6/15/2006 252:100–8–32.3 .... Ambient air increments and ceilings. Exclusion from increment consumption. Stack heights ............................... 252:100–8–33 ....... Exemptions .................................. 7/1/2012 252:100–8–34 ....... Control technology review ........... 6/15/2006 252:100–8–35 ....... Air quality impact evaluation ....... 7/1/2011 252:100–8–35.1 .... Source information ...................... 6/15/2006 252:100–8–35.2 .... Additional impact analyses .......... 6/15/2006 252:100–8–36 ....... Source impacting Class I areas .. 6/15/2006 252:100–8–36.2 .... Source obligation ......................... 6/15/2006 252:100–8–37 ....... Innovative control technology ...... 6/1/2009 252:100–8–38 ....... Actuals PALs ............................... 6/1/2009 252:100–8–39 ....... Severability .................................. 6/15/2006 252:100–8–32.2 .... 6/15/2006 6/15/2006 EPA approval date Explanation 9/28/2016, [Insert Federal Register citation]. SIP does not include paragraph (E) of the definition of ‘‘subject to regulation’’, effective on 7/1/ 2011 and submitted 2/6/2012 for Step 2 GHG permitting. SIP does not include revisions to the definition of ‘‘subject to regulation’’ paragraph (B)(i) for the GHG Biomass Deferral, effective on 7/1/2012 and submitted on 1/13/2013. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. Federal RegFederal RegFederal RegFederal Reg- 9/28/2016, [Insert Federal Register citation]. 9/28/2016, [Insert Federal Register citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. SIP does not include OAC 252:100–8–33(c)(1)(C) effective on 7/1/2011 and submitted 2/6/2012. SIP does not include OAC 252:100–8–35(a)(2) effective on 7/1/2011 and submitted 2/6/ 2012. Federal RegFederal RegFederal RegFederal RegFederal RegFederal RegFederal Reg- Part 9. Major Sources Affecting Nonattainment Areas 252:100–8–50 ....... Applicability .................................. 6/1/2009 252:100–8–50.1 .... Incorporation by reference .......... 7/1/2011 252:100–8–51 ....... Definitions .................................... 7/1/2011 252:100–8–51.1 .... Emission reductions and offsets 7/1/2012 252:100–8–52 ....... Applicability determination for sources in attainment areas causing or contributing to NAAQS violations. Exemptions .................................. 7/1/2011 6/15/2006 252:100–8–54.1 .... Requirements for sources located in nonattainment areas. Ozone and PM10 precursors ...... 252:100–8–55 ....... Source obligation ......................... 6/1/2009 252:100–8–56 ....... Actuals PALs ............................... 6/1/2009 252:100–8–57 ....... Severability .................................. 6/15/2006 252:100–8–53 ....... sradovich on DSK3GMQ082PROD with RULES 252:100–8–54 ....... VerDate Sep<11>2014 17:53 Sep 27, 2016 Jkt 238001 PO 00000 Frm 00051 6/1/2009 6/1/2009 Fmt 4700 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. 9/28/2016, [Insert ister citation]. Sfmt 4700 Federal RegFederal RegFederal RegFederal RegFederal Reg- Federal RegFederal RegFederal RegFederal RegFederal RegFederal Reg- E:\FR\FM\28SER1.SGM 28SER1 66538 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Rules and Regulations EPA APPROVED OKLAHOMA REGULATIONS—Continued State citation State effective date Title/subject * * * EPA approval date * Explanation * * * * * * * Appendices for OAC 252: Chapter 100 * 252:100, Appendix P. 252:100, Appendix Q. * * Regulated Air Pollutants .............. * 6/15/2007 Incorporation by Reference ......... 7/1/2012 * § 52.1929 * * [Amended] 3. Section 52.1929 is amended by removing paragraph (c). ■ [FR Doc. 2016–23189 Filed 9–27–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2016–0315; FRL–9952–72– Region 4] Air Plan Approval; Georgia; Prong 4— 2008 Ozone, 2010 NO2, SO2, and 2012 PM2.5 Correction In rule document 2016–22887 beginning on page 65899 in the issue of Monday, September 26, 2016, make the following correction: On page 65899, in the second column, under the DATES heading, in the first through third lines of that paragraph, ’’ [insert date 30 days after date of publication in the Federal Register].’’ should read ‘‘October 26, 2016’’. [FR Doc. C1–2016–22887 Filed 9–27–16; 8:45 am] BILLING CODE 1301–00–D FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 90 [PS Docket No. 15–199; FCC 16–113] sradovich on DSK3GMQ082PROD with RULES Railroad Police Officers To Access Public Safety Interoperability and Mutual Aid Channels Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission (Commission) provides railroad police officers access to the public safety SUMMARY: VerDate Sep<11>2014 17:53 Sep 27, 2016 Jkt 238001 * 9/28/2016, [Insert Federal Register citation]. 9/28/2016, [Insert Federal Register citation]. * * interoperability channels. In this document, we amend our rules to permit railroad police officers to use public safety interoperability channels to communicate with public safety entities already authorized to use those channels. Specifically, we permit railroad police officers empowered to carry out law enforcement functions to use public safety interoperability channels in the VHF (150–174 MHz, and 220–222 MHz, UHF (450–470 MHz), 700 MHz narrowband (769–775/ 799–805 MHz)5 and 800 MHz National Public Safety Planning Advisory Committee (NPSPAC) bands (806–809/ 851–854 MHz). Allowing railroad police officers to use these channels will promote interoperability, facilitate improved emergency response in railroad-related emergencies, and streamline access to these channels for emergency public safety communications. DATES: Effective October 28, 2016, except for section 90.20(a)(2)(xiv) which contain new or modified information collection requirements that require approval by the Office of Management and Budget under the Paperwork Reduction Act of 1995. The Federal Communications Commission will publish a document in the Federal Register announcing such approval and effective date. FOR FURTHER INFORMATION CONTACT: John Evanoff, Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418–0848 or john.evanoff@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Report and Order in PS Docket No. 15–199, FCC 16–113, released on August 23, 2016. The document is available for download at http://fjallfoss.fcc.gov/ edocs_public/. The complete text of this document is also available for inspection and copying during normal business hours in the FCC Reference PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 Information Center, Portals II, 445 12th Street SW., Room CY–A257, Washington, DC 20554. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to FCC504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202–418–0530 (voice), 202– 418–0432 (TTY). In the Report and Order we amend the Commission’s rules to permit railroad police officers to use public safety interoperability channels to communicate with public safety entities already authorized to use those channels. Specifically, we permit railroad police officers empowered to carry out law enforcement functions to use public safety interoperability channels in the VHF (150–174 MHz, and 220–222 MHz, UHF (450–470 MHz), 700 MHz narrowband (769–775/ 799–805 MHz) and 800 MHz National Public Safety Planning Advisory Committee (NPSPAC) bands (806–809/ 851–854 MHz). Allowing railroad police officers to use these channels will promote interoperability, facilitate improved emergency response in railroad-related emergencies, and streamline access to these channels for emergency public safety communications. Procedural Matters A. Final Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended (RFA) the Commission prepared this Final Regulatory Flexibility Analysis (FRFA) of the possible significant economic impact on a substantial number of small entities by the policies and rules adopted in this Report and Order. The Commission will send a copy of the Report and Order, including this FRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA). In addition, the E:\FR\FM\28SER1.SGM 28SER1

Agencies

[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Rules and Regulations]
[Pages 66532-66538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23189]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0221; FRL-9951-54-Region 6]


Approval and Promulgation of Implementation Plans; Oklahoma; 
Revisions to Major New Source Review Permitting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

[[Page 66533]]

SUMMARY: The Environmental Protection Agency (EPA) is approving 
severable portions of revisions to the Oklahoma New Source Review (NSR) 
State Implementation Plan (SIP) submitted by the State of Oklahoma on 
June 24, 2010; July 16, 2010; December 27, 2010; February 6, 2012; and 
January 18, 2013. These revisions update the Prevention of Significant 
Deterioration (PSD) and Nonattainment NSR (NNSR) permit programs to be 
consistent with federal permitting requirements and make general 
updates to the Oklahoma SIP to support major NSR permitting. We are 
taking this final action under section 110, parts C and D of the Clean 
Air Act (CAA).

DATES: This rule is effective on October 28, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2014-0221. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, (214) 665-2115, 
wiley.adina@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our June 
30, 2016 proposal at 81 FR 42587. In that document we proposed to 
approve revisions to the General Provisions in the Oklahoma SIP 
submitted on July 16, 2010 and December 27, 2010. These revisions 
included updates to the definitions and units, abbreviations, and 
acronyms used throughout the Oklahoma SIP; provisions establishing the 
ability to incorporate by reference federal requirements; revisions to 
the PSD increments regulated under the Oklahoma SIP; and updates to the 
Emission Inventory provisions. We also proposed to approve revisions to 
the Oklahoma PSD and NNSR Programs that had been submitted on June 24, 
2010; July 16, 2010; February 6, 2012; and January 18, 2013. These 
proposed revisions had been submitted by the State of Oklahoma to 
address amendments to the federal PSD and NNSR regulations made in the 
following final rules:
     NSR Reform Rule (67 FR 800186, December 31, 2002) and (68 
FR 63021, November 7, 2003);
     Implementation of the 8-hour Ozone (O3) NAAQS-
Phase 2; Final Rule to Implement Certain Aspects of the 1990 Amendments 
Relating to NSR and PSD as They Apply to Carbon Monoxide (CO), PM and 
O3 NAAQS (70 FR 71612, November 29, 2005);
     PSD and NNSR: Reasonable Possibility in Recordkeeping (72 
FR 72607, December 21, 2007);
     NSR PM2.5 Implementation Rule (73 FR 28321, May 
16, 2008);
     PSD for PM2.5--Increments, Significant Impact 
Levels (SILs) and Significant Monitoring Concentration (SMC) (75 FR 
64864, October 20, 2010);
     GHG Tailoring Rule (75 FR 31514, June 3, 2010) (specific 
to PSD permitting only); and
     PSD and NNSR: Reconsideration of Inclusion of Fugitive 
Rule (76 FR 17548, March 30, 2011).
    The EPA provided a 30-day comment period on our proposed action. We 
did not receive any comments on our proposed action. As such, we are 
finalizing as proposed.

II. Final Action

    We are approving the following severable revisions to the Oklahoma 
SIP submitted on June 24, 2010; July 16, 2010; December 27, 2010; 
February 6, 2012; and January 18, 2013. The revisions were adopted and 
submitted in accordance with the requirements of the CAA and the EPA's 
regulations regarding SIP development at 40 CFR part 51. Additionally, 
we have determined that the submitted revisions to the Oklahoma PSD and 
NNSR programs are consistent with our major source permitting 
regulations at 40 CFR 51.160-51.166 and the associated policy and 
guidance. Therefore, under section 110 and parts C and D of the Act, 
the EPA approves into the Oklahoma SIP the following revisions:

                                     Table 1--Revisions to the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
              Section                           Title                 Effective date          Submittal date
----------------------------------------------------------------------------------------------------------------
OAC 252:100-1-1....................  General Provisions, Purpose  June 12, 2003.........  July 16, 2010.
OAC 252:100-1-2....................  General Provisions,          June 12, 2003.........  July 16, 2010.
                                      Statutory definitions.
OAC 252:100-1-3....................  General Provisions,          June 12, 2003.........  July 16, 2010.
                                      Definitions.                July 1, 2008..........  July 16, 2010.
                                                                  July 1, 2009..........  July 16, 2010.
                                                                  June 15, 2006.........  July 16, 2010.
                                                                  July 1, 2011..........  February 6, 2012.
                                                                  July 1, 2012..........  January 18, 2013.
OAC 252:100-1-4....................  General Provisions, Units,   June 12, 2003.........  July 16, 2010.
                                      Abbreviations and acronyms. July 1, 2009..........  July 16, 2010.
                                                                  July 1, 2011..........  February 6, 2012.
OAC 252:100-2-1....................  Incorporation by Reference   July 1, 2012..........  January 18, 2013.
                                      (IBR) Purpose.
OAC 252:100-2-3....................  IBR, Incorporation by        July 1, 2012..........  January 18, 2013.
                                      Reference.
OAC 252:100-3-4....................  Air Quality Standards and    June 15, 2005.........  December 27, 2010.
                                      Increments, Significant     July 1, 2011..........  February 6, 2012.
                                      Deterioration Increments.
OAC 252:100, Appendix P............  Regulated Air Pollutants...  June 15, 2007.........  July 16, 2010.
OAC 252:100, Appendix Q............  Incorporation by Reference.  July 1, 2009..........  July 16, 2010.
                                                                  July 1, 2012..........  January 18, 2013.
OAC 252:100-5-1.1..................  Definitions................  June 15, 2007.........  July 16, 2010.
OAC 252:100-5-2.1..................  Emission Inventory.........  June 11, 2004.........  July 16, 2010.
                                                                  June 15, 2007.........  July 16, 2010.
OAC 252:100-8-1.1..................  General Provisions,          June 15, 2006.........  July 16, 2010.
                                      Definitions.
OAC 252:100-8-30...................  Prevention of Significant    June 1, 2009..........  June 24, 2010.
                                      Deterioration (PSD)         June 15, 2006.........  July 16, 2010.
                                      Requirements for
                                      Attainment Areas,
                                      Applicability.

[[Page 66534]]

 
OAC 252:100-8-31...................  PSD, Definitions...........  June 1, 2009..........  June 24, 2010.
                                                                  June 15, 2006.........  July 16, 2010.
                                                                  July 1, 2011..........  February 6, 2012.
                                                                  July 1, 2012..........  January 18, 2013.
OAC 252:100-8-32...................  PSD, Source Applicability    Revoked June 15, 2006.  Revoked July 16, 2010.
                                      Determination.
OAC 252:100-8-32.1.................  PSD Ambient Air Increments   June 15, 2006.........  July 16, 2010.
                                      and Ceilings.
OAC 252:100-8-32.2.................  PSD Exclusion from           June 15, 2006.........  July 16, 2010.
                                      Increment Consumption.
OAC 252:100-8-32.3.................  PSD Stack Heights..........  June 15, 2006.........  July 16, 2010.
OAC 252:100-8-33...................  PSD, Exemptions............  June 1, 2009..........  June 24, 2010.
                                                                  June 15, 2006.........  July 16, 2010.
                                                                  July 1, 2011..........  February 6, 2012.
                                                                  July 1, 2012..........  January 18, 2013.
OAC 252:100-8-34...................  PSD, Control Technology      June 15, 2006.........  July 16, 2010.
                                      Review.
OAC 252:100-8-35...................  PSD Air Quality Impact       June 15, 2006.........  July 16, 2010.
                                      Evaluation.                 July 1, 2011..........  February 6, 2012.
OAC 252:100-8-35.1.................  PSD Source Information.....  June 15, 2006.........  July 16, 2010.
OAC 252:100-8-35.2.................  PSD Additional Impact        June 15, 2006.........  July 16, 2010.
                                      Analyses.
OAC 252:100-8-36...................  PSD Source Impacting Class   June 15, 2006.........  July 16, 2010.
                                      I Areas.
OAC 252:100-8-36.2.................  PSD Source Obligation......  June 15, 2006.........  July 16, 2010.
OAC 252:100-8-37...................  PSD, Innovative Control      June 1, 2009..........  June 24, 2010.
                                      Technology.                 June 15, 2006.........  July 16, 2010.
OAC 252:100-8-38...................  PSD, Actuals PAL...........  June 1, 2009..........  June 24, 2010.
                                                                  June 15, 2006.........  July 16, 2010.
OAC 252:100-8-39...................  PSD Severability...........  June 15, 2006.........  July 16, 2010.
OAC 252:100-8-50...................  Majors Affecting             June 1, 2009..........  June 24, 2010.
                                      Nonattainment Areas         June 15, 2006.........  July 16, 2010.
                                      (NNSR), Applicability.
OAC 252:100-8-50.1.................  NNSR, Incorporation by       June 1, 2009..........  June 24, 2010.
                                      Reference.                  June 15, 2006.........  July 16, 2010.
                                                                  July 1, 2011..........  February 6, 2012.
OAC 252:100-8-51...................  NNSR, Definitions..........  June 1, 2009..........  June 24, 2010.
                                                                  June 15, 2006.........  July 16, 2010.
                                                                  July 1, 2011..........  February 6, 2012.
OAC 252:100-8-51.1.................  NNSR Emission reductions     June 15, 2006.........  July 16, 2010.
                                      and offsets.                July 1, 2011..........  February 6, 2012.
                                                                  July 1, 2012..........  January 18, 2013.
OAC 252:100-8-52...................  NNSR, Applicability          June 1, 2009..........  June 24, 2010.
                                      determination for sources   June 15, 2006.........  July 16, 2010.
                                      in attainment areas         July 1, 2011..........  February 6, 2012.
                                      causing or contributing to
                                      NAAQS violations.
OAC 252:100-8-53...................  NNSR, Exemptions...........  June 1, 2009..........  June 24, 2010.
                                                                  June 15, 2006.........  July 16, 2010.
OAC 252:100-8-54...................  NNSR Requirements for        June 15, 2006.........  July 16, 2010.
                                      sources located in
                                      nonattainment areas.
OAC 252:100-8-54.1.................  NNSR, Ozone and PM10         June 1, 2009..........  June 24, 2010.
                                      precursors.
OAC 252:100-8-55...................  NNSR, Source Obligation....  June 1, 2009..........  June 24, 2010.
                                                                  June 15, 2006.........  July 16, 2010.
OAC 252:100-8-56...................  NNSR, Actuals PAL..........  June 1, 2009..........  June 24, 2010.
                                                                  June 15, 2006.........  July 16, 2010.
OAC 252:100-8-57...................  NNSR Severability..........  June 15, 2006.........  July 16, 2010.
----------------------------------------------------------------------------------------------------------------

    As a result of this final approval of the revisions to the Oklahoma 
SIP addressing the GHG Step 1 permitting requirements, we are removing 
the provisions at 40 CFR 52.1929(c), under which the EPA narrowed the 
applicability of the Oklahoma PSD program to regulate sources 
consistent with federal requirements because these provisions at 40 CFR 
52.1929(c) are no longer necessary.
    The EPA finds that the February 6, 2012, revisions to the Oklahoma 
NNSR program address all required NNSR elements for the implementation 
of the 1997 and 2006 PM2.5 NAAQS. We note that the Oklahoma 
NNSR program does not include regulation of VOCs and ammonia as 
PM2.5 precursors. However, as section 189(e) of the Act 
requires regulation of PM2.5 precursors that significantly 
contribute to PM2.5 levels ``which exceed the standard in 
the area'' and Oklahoma does not have a designated PM2.5 
nonattainment area, the revisions addressing only SO2 and 
NOX are not inconsistent with the requirements of the CAA. 
In the event that an area is designated nonattainment for the 2012 
PM2.5 NAAQS, or any other future PM2.5 NAAQS, 
Oklahoma will have a deadline under section 189(a)(2) of the CAA to 
make a submission addressing the statutory requirements as to that 
area, including the requirements in section 189(e) that apply to the 
regulation of PM2.5 precursors.
    The EPA is also finalizing a ministerial correction to 40 CFR 
52.1920(c) to remove a duplicate entry for the SIP approval of OAC 
252:100-5-1. We are removing the first listing of this section; we 
retain the identical entry in numerical order under OAC, Title 252, 
Subchapter 5--Registration, Emissions Inventory, and Annual Operating 
Fees.

III. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the Oklahoma regulations as

[[Page 66535]]

described in the Final Action section above. We have made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and/or in hard copy at the EPA Region 6 
office.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act. 
Accordingly, this action merely approves 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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 28, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 21, 2016.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart LL--Oklahoma

0
2. In Sec.  52.1920(c), the table titled ``EPA Approved Oklahoma 
Regulations'' is amended by:
0
a. Revising the entries for 252:100-1-1, 252:100-1-2, 252:100-1-3, 
252:100-3-4, 252:100-5-1.1, 252:100-5-2.1, 252:100-8-1.1, 252:100-8-30, 
252:100-8-31, 252:100-8-33, 252:100-8-34, 252:100-8-35, 252:100-8-36, 
252:100-8-37, 252:100-8-50, 252:100-8-51, 252:100-8-52, 252:100-8-53, 
and 252:100-8-54;
0
b. Adding a centered heading titled ``Subchapter 2: Incorporation by 
Reference'' and entries for 252:100-2-1 and 252:100-2-3 in numerical 
order;
0
c. Adding entries in numerical order for 252:100-1-4, 252:100-8-32.1, 
252:100-8-32.2, 252:100-8-32.3, 252:100-8-35.1, 252:100-8-35.2, 
252:100-8-36.2, 252:100-8-38, 252:100-8-39, 252:100-8-50.1, 252:100-8-
51.1, 252:100-8-54.1, 252:100-8-55, 252:100-8-56, 252:100-8-57, 252:100 
Appendix P, and 252:100 Appendix Q; and
0
d. Removing the first centered heading titled ``Subchapter 5. 
Registration, Emissions Inventory and Annual Operating Fees'', the 
first entry for 252:100-5-1, and the entry for 252:100-8-32.
    The additions and revisions read as follows:


Sec.  52.1920  Identification of plan.

* * * * *
    (c) * * *

[[Page 66536]]



                                        EPA Approved Oklahoma Regulations
----------------------------------------------------------------------------------------------------------------
                                                           State
        State citation             Title/subject      effective date    EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Chapter 100 (OAC 252:100). Air Pollution Control
----------------------------------------------------------------------------------------------------------------
                                        Subchapter 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-1-1..................  Purpose..............       6/12/2003  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
252:100-1-2..................  Statutory definitions       6/12/2003  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
252:100-1-3..................  Definitions..........        7/1/2012  9/28/2016, [Insert    SIP does not include
                                                                       Federal Register      revisions to the
                                                                       citation].            definition of
                                                                                             ``carbon dioxide
                                                                                             equivalent
                                                                                             emissions'' for the
                                                                                             GHG Biomass
                                                                                             Deferral, effective
                                                                                             on 7/1/2012 and
                                                                                             submitted on 1/13/
                                                                                             2013.
252:100-1-4..................  Units, abbreviations         7/1/2011  9/28/2016, [Insert
                                and acronyms.                          Federal Register
                                                                       citation].
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 2: Incorporation by Reference
----------------------------------------------------------------------------------------------------------------
252:100-2-1..................  Purpose..............        7/1/2012  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
252:100-2-3..................  Incorporation by             7/1/2012  9/28/2016, [Insert
                                reference.                             Federal Register
                                                                       citation].
----------------------------------------------------------------------------------------------------------------
                               Subchapter 3: Air Quality Standards and Increments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
252:100-3-4..................  Significant                  7/1/2011  9/28/2016, [Insert
                                deterioration                          Federal Register
                                increments.                            citation].
----------------------------------------------------------------------------------------------------------------
                    Subchapter 5: Registration, Emissions Inventory and Annual Operating Fees
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
252:100-5-1.1................  Definitions..........       6/15/2007  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
252:100-5-2.1................  Emission inventory...       6/15/2007  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 8: Permits for Part 70 Sources
----------------------------------------------------------------------------------------------------------------
                                           Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
252:100-8-1.1................  Definitions..........       6/15/2006  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
             Part 7. Prevention of Significant Deterioration (PSD) Requirements for Attainment Areas
----------------------------------------------------------------------------------------------------------------
252:100-8-30.................  Applicability........        6/1/2009  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].

[[Page 66537]]

 
252:100-8-31.................  Definitions..........        7/1/2012  9/28/2016, [Insert    SIP does not include
                                                                       Federal Register      paragraph (E) of
                                                                       citation].            the definition of
                                                                                             ``subject to
                                                                                             regulation'',
                                                                                             effective on 7/1/
                                                                                             2011 and submitted
                                                                                             2/6/2012 for Step 2
                                                                                             GHG permitting.
                                                                                            SIP does not include
                                                                                             revisions to the
                                                                                             definition of
                                                                                             ``subject to
                                                                                             regulation''
                                                                                             paragraph (B)(i)
                                                                                             for the GHG Biomass
                                                                                             Deferral, effective
                                                                                             on 7/1/2012 and
                                                                                             submitted on 1/13/
                                                                                             2013.
252:100-8-32.1...............  Ambient air                 6/15/2006  9/28/2016, [Insert
                                increments and                         Federal Register
                                ceilings.                              citation].
252:100-8-32.2...............  Exclusion from              6/15/2006  9/28/2016, [Insert
                                increment                              Federal Register
                                consumption.                           citation].
252:100-8-32.3...............  Stack heights........       6/15/2006  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
252:100-8-33.................  Exemptions...........        7/1/2012  9/28/2016, [Insert    SIP does not include
                                                                       Federal Register      OAC 252:100-8-
                                                                       citation].            33(c)(1)(C)
                                                                                             effective on 7/1/
                                                                                             2011 and submitted
                                                                                             2/6/2012.
252:100-8-34.................  Control technology          6/15/2006  9/28/2016, [Insert
                                review.                                Federal Register
                                                                       citation].
252:100-8-35.................  Air quality impact           7/1/2011  9/28/2016, [Insert    SIP does not include
                                evaluation.                            Federal Register      OAC 252:100-8-
                                                                       citation].            35(a)(2) effective
                                                                                             on 7/1/2011 and
                                                                                             submitted 2/6/2012.
252:100-8-35.1...............  Source information...       6/15/2006  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
252:100-8-35.2...............  Additional impact           6/15/2006  9/28/2016, [Insert
                                analyses.                              Federal Register
                                                                       citation].
252:100-8-36.................  Source impacting            6/15/2006  9/28/2016, [Insert
                                Class I areas.                         Federal Register
                                                                       citation].
252:100-8-36.2...............  Source obligation....       6/15/2006  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
252:100-8-37.................  Innovative control           6/1/2009  9/28/2016, [Insert
                                technology.                            Federal Register
                                                                       citation].
252:100-8-38.................  Actuals PALs.........        6/1/2009  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
252:100-8-39.................  Severability.........       6/15/2006  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
----------------------------------------------------------------------------------------------------------------
                               Part 9. Major Sources Affecting Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
252:100-8-50.................  Applicability........        6/1/2009  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
252:100-8-50.1...............  Incorporation by             7/1/2011  9/28/2016, [Insert
                                reference.                             Federal Register
                                                                       citation].
252:100-8-51.................  Definitions..........        7/1/2011  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
252:100-8-51.1...............  Emission reductions          7/1/2012  9/28/2016, [Insert
                                and offsets.                           Federal Register
                                                                       citation].
252:100-8-52.................  Applicability                7/1/2011  9/28/2016, [Insert
                                determination for                      Federal Register
                                sources in                             citation].
                                attainment areas
                                causing or
                                contributing to
                                NAAQS violations.
252:100-8-53.................  Exemptions...........        6/1/2009  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
252:100-8-54.................  Requirements for            6/15/2006  9/28/2016, [Insert
                                sources located in                     Federal Register
                                nonattainment areas.                   citation].
252:100-8-54.1...............  Ozone and PM10               6/1/2009  9/28/2016, [Insert
                                precursors.                            Federal Register
                                                                       citation].
252:100-8-55.................  Source obligation....        6/1/2009  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
252:100-8-56.................  Actuals PALs.........        6/1/2009  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
252:100-8-57.................  Severability.........       6/15/2006  9/28/2016, [Insert
                                                                       Federal Register
                                                                       citation].
 

[[Page 66538]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Appendices for OAC 252: Chapter 100
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
252:100, Appendix P..........  Regulated Air               6/15/2007  9/28/2016, [Insert
                                Pollutants.                            Federal Register
                                                                       citation].
252:100, Appendix Q..........  Incorporation by             7/1/2012  9/28/2016, [Insert
                                Reference.                             Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Sec.  52.1929   [Amended]

0
3. Section 52.1929 is amended by removing paragraph (c).
[FR Doc. 2016-23189 Filed 9-27-16; 8:45 am]
 BILLING CODE 6560-50-P