Approval and Promulgation of Implementation Plans; Oklahoma; Revisions to Major New Source Review Permitting, 66532-66538 [2016-23189]
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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
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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:
■
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§ 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:
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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 https://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 https://
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);
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• 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 ...............
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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 ...................
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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.
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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 .............
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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,
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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.
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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
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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.
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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
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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,
*
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Identification of plan.
*
*
(c) * * *
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*
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 .......
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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 .......
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252:100–8–54 .......
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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-
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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:
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*
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 https://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]
=======================================================================
-----------------------------------------------------------------------
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 https://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 https://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
