Approval and Promulgation of Air Quality Implementation Plans; Oklahoma; Infrastructure for the Lead, Ozone, Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality Standards, 89008-89010 [2016-29585-2]
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89008
Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Rules and Regulations
The direct final rule published at
81 FR 72724 on October 21, 2016, is
withdrawn effective December 9, 2016.
DATES:
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Brian Rehn, (215) 814–2176, or by email
at rehn.brian@epa.gov.
[EPA–R06–OAR–2012–0812; FRL–9955–28–
Region 6]
In the
direct final rule published on October
21, 2016 (81 FR 72724), we stated that
if we received comment by November
21, 2016, the rule would be withdrawn
and not take effect. EPA received
comments before the November 21,
2016 deadline. EPA will address the
comment received in a subsequent final
action based upon the proposed action
also published on October 21, 2016 (81
FR 72757). EPA will not institute a
second comment period on this action.
Approval and Promulgation of Air
Quality Implementation Plans;
Oklahoma; Infrastructure for the Lead,
Ozone, Nitrogen Dioxide and Sulfur
Dioxide National Ambient Air Quality
Standards
SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: November 28, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
Accordingly, the direct final rule
which published in the Federal Register
on October 21, 2016, at 81 FR 72724 is
withdrawn as of December 9, 2016.
■
[FR Doc. 2016–29586 Filed 12–8–16; 8:45 am]
BILLING CODE 6560–50–P
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Under the Federal Clean Air
Act (CAA), the Environmental
Protection Agency (EPA) is approving
State Implementation Plan (SIP)
submissions from the State of Oklahoma
regarding the 2008 Lead (Pb), 2008
Ozone, 2010 Nitrogen Dioxide (NO2),
and 2010 Sulfur Dioxide (SO2) National
Ambient Air Quality Standards
(NAAQS or standards). The four
submittals address how the existing SIP
provides for implementation,
maintenance, and enforcement of these
four NAAQS (infrastructure SIP or iSIP). These i-SIPs ensure that the
Oklahoma SIP is adequate to meet the
State’s responsibilities under the CAA,
including the CAA requirements for
interstate transport of Pb and NO2
emissions.
DATES: This rule is effective on January
9, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2012–0812. 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
SUMMARY:
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.
Carrie Paige, 214–665–6521,
paige.carrie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our September 20,
2016, proposal (81 FR 64377). In that
document we proposed to approve the
Oklahoma i-SIP submittals dated
October 5, 2012; February 28, 2014; and
January 28, 2015, which addressed the
2008 Pb NAAQS; the 2010 NO2 NAAQS;
and the 2008 ozone and 2010 SO2
NAAQS as meeting the requirements of
an i-SIP. Two of the submittals did not
address Section 110(a)(2)(D)(i)(I), prongs
1 and 2, regarding the contribution to
nonattainment and interfere with
maintenance of the 2008 ozone and
2010 SO2 NAAQS in other states, so we
did not propose to take action on such
elements for these two NAAQS. In
addition, we did not propose to take
action on section 110(a)(2)(D)(i)(II)—the
prong that specifically addresses
visibility protection for the 2010 SO2
NAAQS. We will take separate action on
these three prongs for the 2008 ozone
and 2010 SO2 NAAQS. We did not
receive any comments regarding our
proposal.
II. Final Action
EPA is approving in part the October
5, 2012, February 28, 2014, and January
28, 2015, infrastructure SIP submissions
from Oklahoma, which address the
requirements of CAA sections 110(a)(1)
and (2) as applicable to the 2008 Pb,
2010 NO2, 2008 ozone, and 2010 SO2
NAAQS. Table 1 outlines the specific
actions we are approving.
TABLE 1—FINAL ACTION ON OKLAHOMA INFRASTRUCTURE SIP SUBMITTALS FOR VARIOUS NAAQS
mstockstill on DSK3G9T082PROD with RULES
110(a)(2) Element
2008 ozone
2008 Pb
2010 NO2
2010 SO2
(A): Emission limits and other control measures .............................................
(B): Ambient air quality monitoring and data system ......................................
(C)(i): Enforcement of SIP measures ..............................................................
(C)(ii): PSD program for major sources and major modifications ...................
(C)(iii): Permitting program for minor sources and minor modifications .........
(D)(i)(I): Contribute to nonattainment/interfere with maintenance of NAAQS
(requirements 1 and 2) ................................................................................
(D)(i)(II): PSD (requirement 3) .........................................................................
(D)(i)(II): Visibility Protection (requirement 4) ..................................................
(D)(ii): Interstate and International Pollution Abatement .................................
(E)(i): Adequate resources ..............................................................................
(E)(ii): State boards .........................................................................................
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
SA
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
SA
A
SA
A
A
A
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Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Rules and Regulations
TABLE 1—FINAL ACTION ON OKLAHOMA INFRASTRUCTURE SIP SUBMITTALS FOR VARIOUS NAAQS—Continued
110(a)(2) Element
2008 ozone
2008 Pb
2010 NO2
2010 SO2
(E)(iii): Necessary assurances with respect to local agencies ........................
(F): Stationary source monitoring system ........................................................
(G): Emergency power ....................................................................................
(H): Future SIP revisions .................................................................................
(I): Nonattainment area plan or plan revisions under part D ..........................
(J)(i): Consultation with government officials ...................................................
(J)(ii): Public notification ..................................................................................
(J)(iii): PSD ......................................................................................................
(J)(iv): Visibility protection ................................................................................
(K): Air quality modeling and data ...................................................................
(L): Permitting fees ..........................................................................................
(M): Consultation and participation by affected local entities ..........................
A
A
A
A
NG
A
A
A
A
A
A
A
A
A
A
A
NG
A
A
A
A
A
A
A
A
A
A
A
NG
A
A
A
A
A
A
A
A
A
A
A
NG
A
A
A
A
A
A
A
Key to Table 1:
NG—Element is not germane to infrastructure SIPs.
A—Approving in this action.
SA—Acting on this infrastructure requirement in a separate rulemaking.
Based upon review of these
infrastructure SIP submissions and
relevant statutory and regulatory
authorities and provisions referenced in
these submissions and referenced in the
Oklahoma SIP, we find Oklahoma has
the infrastructure in place to address all
applicable required elements of sections
110(a)(1) and (2), except as noted in
Table 1, to ensure that the 2008 Pb, 2008
Ozone, 2010 NO2, and 2010 SO2
NAAQS are implemented in the State.
This action is being taken pursuant to
section 110 of the Act.
mstockstill on DSK3G9T082PROD with RULES
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely 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
VerDate Sep<11>2014
16:13 Dec 08, 2016
Jkt 241001
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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
PO 00000
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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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 7, 2017. 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, Incorporation by
reference, Intergovernmental relations,
Interstate transport of pollution, Lead,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Sulfur
oxides.
Dated: December 6, 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.
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89010
Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Rules and Regulations
Provisions and Quasi-Regulatory
Measures in the Oklahoma SIP’’ is
amended by adding the following
entries at the end:
Subpart LL—Oklahoma
2. In § 52.1920(e) the first table titled
‘‘EPA-Approved Nonregulatory
■
§ 52.1920
*
Identification of plan
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE OKLAHOMA SIP
Applicable geographic or nonattainment area
Name of SIP provision
*
Infrastructure for the
NAAQS.
Infrastructure for the
NO2 NAAQS.
Infrastructure for the
Ozone NAAQS.
Infrastructure for the
SO2 NAAQS.
*
*
Explanation
Statewide ..........
10/5/2012
*
*
*
12/9/2016, [Insert Federal Register citation].
2010
Statewide ..........
2/28/2014
12/9/2016, [Insert Federal Register citation].
2008
Statewide ..........
1/28/2015
12/9/2016, [Insert Federal Register citation]
2010
Statewide ..........
1/28/2015
12/9/2016, [Insert Federal Register citation]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 150903814–5999–02]
RIN 0648–XF061
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS announces that the
State of New Jersey is transferring a
portion of its 2016 commercial summer
flounder quota to the Commonwealth of
Virginia. These quota adjustments are
necessary to comply with the Summer
Flounder, Scup and Black Sea Bass
Fishery Management Plan quota transfer
provision. This announcement informs
SUMMARY:
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EPA approval date
2008 Pb
[FR Doc. 2016–29585 Filed 12–8–16; 8:45 am]
VerDate Sep<11>2014
State submittal
date
16:13 Dec 08, 2016
Jkt 241001
the public of the revised commercial
quotas for New Jersey and Virginia.
DATES: Effective December 8, 2016,
through December 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Cynthia Hanson, Fishery Management
Specialist, (978)–281–9180.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found in 50 CFR
648.100 through 648.110. These
regulations require annual specification
of a commercial quota that is
apportioned among the coastal states
from Maine through North Carolina. The
process to set the annual commercial
quota and the percent allocated to each
state are described in § 648.102, and the
initial 2016 allocations were published
on December 28, 2015 (80 FR 80689).
The final rule implementing
Amendment 5 to the Summer Flounder
Fishery Management Plan, as published
in the Federal Register on December 17,
1993 (58 FR 65936), provided a
mechanism for transferring summer
flounder commercial quota from one
state to another. Two or more states,
under mutual agreement and with the
concurrence of the NMFS Greater
Atlantic Regional Administrator, can
transfer or combine summer flounder
commercial quota under § 648.102(c)(2).
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*
Does not address
110(a)(2)(D) (i)(I).
Does not address
110(a)(2)(D) (i)(I) or
110(a)(2)(D) (i)(II) (visibility
portion).
The Regional Administrator is required
to consider the criteria in
§ 648.102(c)(2)(i)(A) through (C) in the
evaluation of requests for quota transfers
or combinations.
New Jersey is transferring 226 lb (103
kg) of summer flounder commercial
quota to Virginia. This transfer was
requested by New Jersey to repay
landings by a New Jersey-permitted
vessel that landed in Virginia under a
safe harbor agreement.
The revised summer flounder quotas
for calendar year 2016 are now: New
Jersey, 1,381,653 lb (626,707 kg); and
Virginia, 1,759,787 lb (798,226 kg);
based on the initial quotas published in
the 2016–2018 Summer Flounder, Scup,
and Black Sea Bass Specifications.
Classification
This action is taken under 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 6, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–29574 Filed 12–8–16; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Rules and Regulations]
[Pages 89008-89010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29585]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2012-0812; FRL-9955-28-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Oklahoma; Infrastructure for the Lead, Ozone, Nitrogen Dioxide and
Sulfur Dioxide National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Under the Federal Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is approving State Implementation Plan (SIP)
submissions from the State of Oklahoma regarding the 2008 Lead (Pb),
2008 Ozone, 2010 Nitrogen Dioxide (NO2), and 2010 Sulfur
Dioxide (SO2) National Ambient Air Quality Standards (NAAQS
or standards). The four submittals address how the existing SIP
provides for implementation, maintenance, and enforcement of these four
NAAQS (infrastructure SIP or i-SIP). These i-SIPs ensure that the
Oklahoma SIP is adequate to meet the State's responsibilities under the
CAA, including the CAA requirements for interstate transport of Pb and
NO2 emissions.
DATES: This rule is effective on January 9, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2012-0812. 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. Carrie Paige, 214-665-6521,
paige.carrie@ epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
September 20, 2016, proposal (81 FR 64377). In that document we
proposed to approve the Oklahoma i-SIP submittals dated October 5,
2012; February 28, 2014; and January 28, 2015, which addressed the 2008
Pb NAAQS; the 2010 NO2 NAAQS; and the 2008 ozone and 2010
SO2 NAAQS as meeting the requirements of an i-SIP. Two of
the submittals did not address Section 110(a)(2)(D)(i)(I), prongs 1 and
2, regarding the contribution to nonattainment and interfere with
maintenance of the 2008 ozone and 2010 SO2 NAAQS in other
states, so we did not propose to take action on such elements for these
two NAAQS. In addition, we did not propose to take action on section
110(a)(2)(D)(i)(II)--the prong that specifically addresses visibility
protection for the 2010 SO2 NAAQS. We will take separate
action on these three prongs for the 2008 ozone and 2010 SO2
NAAQS. We did not receive any comments regarding our proposal.
II. Final Action
EPA is approving in part the October 5, 2012, February 28, 2014,
and January 28, 2015, infrastructure SIP submissions from Oklahoma,
which address the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 2008 Pb, 2010 NO2, 2008 ozone, and 2010
SO2 NAAQS. Table 1 outlines the specific actions we are
approving.
Table 1--Final Action on Oklahoma Infrastructure SIP Submittals for Various NAAQS
----------------------------------------------------------------------------------------------------------------
110(a)(2) Element 2008 ozone 2008 Pb 2010 NO2 2010 SO2
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and other control A A A A
measures...................................
(B): Ambient air quality monitoring and data A A A A
system.....................................
(C)(i): Enforcement of SIP measures......... A A A A
(C)(ii): PSD program for major sources and A A A A
major modifications........................
(C)(iii): Permitting program for minor A A A A
sources and minor modifications............
(D)(i)(I): Contribute to nonattainment/ SA A A SA
interfere with maintenance of NAAQS
(requirements 1 and 2).....................
(D)(i)(II): PSD (requirement 3)............. A A A A
(D)(i)(II): Visibility Protection A A A SA
(requirement 4)............................
(D)(ii): Interstate and International A A A A
Pollution Abatement........................
(E)(i): Adequate resources.................. A A A A
(E)(ii): State boards....................... A A A A
[[Page 89009]]
(E)(iii): Necessary assurances with respect A A A A
to local agencies..........................
(F): Stationary source monitoring system.... A A A A
(G): Emergency power........................ A A A A
(H): Future SIP revisions................... A A A A
(I): Nonattainment area plan or plan NG NG NG NG
revisions under part D.....................
(J)(i): Consultation with government A A A A
officials..................................
(J)(ii): Public notification................ A A A A
(J)(iii): PSD............................... A A A A
(J)(iv): Visibility protection.............. A A A A
(K): Air quality modeling and data.......... A A A A
(L): Permitting fees........................ A A A A
(M): Consultation and participation by A A A A
affected local entities....................
----------------------------------------------------------------------------------------------------------------
Key to Table 1:
NG--Element is not germane to infrastructure SIPs.
A--Approving in this action.
SA--Acting on this infrastructure requirement in a separate rulemaking.
Based upon review of these infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in these submissions and referenced in the Oklahoma SIP, we find
Oklahoma has the infrastructure in place to address all applicable
required elements of sections 110(a)(1) and (2), except as noted in
Table 1, to ensure that the 2008 Pb, 2008 Ozone, 2010 NO2,
and 2010 SO2 NAAQS are implemented in the State. This action
is being taken pursuant to section 110 of the Act.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely 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, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 7, 2017. 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, Incorporation by
reference, Intergovernmental relations, Interstate transport of
pollution, Lead, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: December 6, 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.
[[Page 89010]]
Subpart LL--Oklahoma
0
2. In Sec. 52.1920(e) the first table titled ``EPA-Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma
SIP'' is amended by adding the following entries at the end:
Sec. 52.1920 Identification of plan
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
Applicable geographic State submittal
Name of SIP provision or nonattainment area date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure for the 2008 Pb Statewide.............. 10/5/2012 12/9/2016, [Insert
NAAQS. Federal Register
citation].
Infrastructure for the 2010 NO2 Statewide.............. 2/28/2014 12/9/2016, [Insert
NAAQS. Federal Register
citation].
Infrastructure for the 2008 Statewide.............. 1/28/2015 12/9/2016, [Insert Does not address
Ozone NAAQS. Federal Register 110(a)(2)(D)
citation]. (i)(I).
Infrastructure for the 2010 SO2 Statewide.............. 1/28/2015 12/9/2016, [Insert Does not address
NAAQS. Federal Register 110(a)(2)(D)
citation]. (i)(I) or
110(a)(2)(D)
(i)(II)
(visibility
portion).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-29585 Filed 12-8-16; 8:45 am]
BILLING CODE 6560-50-P
