Approval and Promulgation of Implementation Plans; Oklahoma; Infrastructure and Interstate Transport for the 2012 Fine Particulate Matter Standard, 27121-27122 [2017-12209]
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Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2015–0142; FRL–9958–61–
Region 6]
Approval and Promulgation of
Implementation Plans; Oklahoma;
Infrastructure and Interstate Transport
for the 2012 Fine Particulate Matter
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving elements of a State
Implementation Plan (SIP) submission
from the State of Oklahoma for the 2012
Fine Particulate Matter (PM2.5) National
Ambient Air Quality Standard (NAAQS
or standard). The submission addresses
how the existing SIP provides for
implementation, maintenance, and
enforcement of this NAAQS
(infrastructure SIP or i-SIP). The i-SIP
ensures that the Oklahoma SIP is
adequate to meet the State’s
responsibilities under the CAA.
DATES: This rule is effective on July 14,
2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2015–0142. 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:
Wendy Jacques, 214–665–7395,
jacques.wendy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
mstockstill on DSK30JT082PROD with RULES
SUMMARY:
I. Background
The background for this action is
discussed in detail in our November 21,
2016 proposal (81 FR 83184). In that
proposed rule, we proposed to partially
approve and partially disapprove the
June 16, 2016, infrastructure SIP
VerDate Sep<11>2014
16:55 Jun 13, 2017
Jkt 241001
submission from Oklahoma, which
addresses the requirements of CAA
sections 110(a)(1) and (2) as applicable
to the 2012 PM2.5 NAAQS. We also
proposed to disapprove a portion of the
January 28, 2015 i-SIP submission for
the 2010 SO2 NAAQS. We proposed
disapproval for both submissions only
as to the portions that address CAA
section 110(a)(2)(D)(i)(II); the
requirement for visibility protection in
other States. CAA section
110(a)(2)(D)(i)(II) requires the SIP for a
new or revised NAAQS to contain
adequate provisions to prohibit
emissions which will interfere with
required measures for any other State
for (1) prevention of significant
deterioration (PSD) of air quality or (2)
visibility protection. We did not receive
any comments regarding our proposal.
At this time, we are not acting on the
portions of the 2012 PM2.5 and 2010 SO2
NAAQS i-SIP submissions that address
CAA section 110(a)(2)(D)(i)(II) as it
relates to visibility protection in other
States. We also note that the State did
not address CAA section
110(a)(2)(D)(i)(I) 1 in the June 16, 2016
submittal for the 2012 PM2.5 NAAQS,
thus we are not taking action to approve
or disapprove the requirements for that
section. The State submitted an i-SIP
revision to address the requirements in
CAA section 110(a)(2)(D)(i)(I) for the
2012 PM2.5 NAAQS on December 19,
2016; we expect to act on that submittal
at a later time.
II. Final Action
We are approving the portions of the
June 16, 2016 Oklahoma infrastructure
SIP submission for the 2012 PM2.5
NAAQS that address CAA sections
110(a)(2)(A), (B), (C), (D)(i)(II) as it
relates to the prevention of interference
with PSD, (D)(ii), (E)(i), (E)(ii), (F), (G),
(H), (J), (K), (L) and (M). The i-SIP
addresses how the existing SIP provides
for implementation, maintenance, and
enforcement of the 2012 PM2.5 NAAQS
and is adequate to meet the State’s
responsibilities under the CAA.
III. 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
1 CAA section 110(a)(2)(D)(i)(I) requires the SIP to
contain adequate provisions to prohibit emissions
to other States which will (1) contribute
significantly to nonattainment of a new or revised
NAAQS or (2) interfere with maintenance of that
NAAQS.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
27121
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, 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 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
E:\FR\FM\14JNR1.SGM
14JNR1
27122
Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations
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 August 14, 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).)
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
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Interstate transport of pollution,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides.
Dated: June 1, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
2. In § 52.1920(e), the first table titled
‘‘EPA-Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Oklahoma SIP’’ is
amended by adding an entry for
‘‘Infrastructure for the 2012 PM2.5
NAAQS’’ at the end to read as follows:
■
§ 52.1920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE OKLAHOMA SIP
*
Infrastructure for the 2012
PM2.5 NAAQS.
*
*
*
*
*
*
Statewide ................................
*
[FR Doc. 2017–12209 Filed 6–13–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2015–0833; FRL–9962–48Region 6]
Approval and Promulgation of
Implementation Plans; Texas; Clean
Air Act Requirements for Vehicle
Inspection and Maintenance and
Nonattainment New Source Review
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or Act), the
Environmental Protection Agency (EPA)
is approving a State Implementation
Plan (SIP) revision submitted by the
State of Texas for the 2008 8-hour ozone
national ambient air quality standards
(NAAQS). The SIP revision being
approved pertains to CAA 2008 ozone
NAAQS requirements for vehicle
mstockstill on DSK30JT082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
State
submittal
date
Applicable geographic or
nonattainment area
Name of SIP provision
16:55 Jun 13, 2017
Jkt 241001
*
6/16/2016
EPA approval date
*
6/14/2017 [Insert FR page
number where document
begins].
inspection and maintenance (I/M) and
nonattainment new source review
(NNSR) in the Dallas/Fort Worth ozone
nonattainment area (DFW area).
DATES: This rule is effective on
September 12, 2017 without further
notice, unless the EPA receives relevant
adverse comment by July 14, 2017. If the
EPA receives such comment, the EPA
will publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2015–0833, at https://
www.regulations.gov or via email to
young.carl@epa.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Explanation
*
*
Does not address 110(a)(2)
(D)(i)(I). No action on 110(a)
(2)(D) (i)(II) (visibility portion).
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Carl Young, 214–665–6645,
young.carl@epa.gov. For the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
Mr.
Carl Young, 214–665–6645, young.carl@
epa.gov. To inspect the hard copy
materials, please schedule an
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\14JNR1.SGM
14JNR1
]]>Agencies
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27121-27122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12209]
[[Page 27121]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2015-0142; FRL-9958-61-Region 6]
Approval and Promulgation of Implementation Plans; Oklahoma;
Infrastructure and Interstate Transport for the 2012 Fine Particulate
Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving elements of a State
Implementation Plan (SIP) submission from the State of Oklahoma for the
2012 Fine Particulate Matter (PM2.5) National Ambient Air
Quality Standard (NAAQS or standard). The submission addresses how the
existing SIP provides for implementation, maintenance, and enforcement
of this NAAQS (infrastructure SIP or i-SIP). The i-SIP ensures that the
Oklahoma SIP is adequate to meet the State's responsibilities under the
CAA.
DATES: This rule is effective on July 14, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2015-0142. 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: Wendy Jacques, 214-665-7395,
jacques.wendy@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
November 21, 2016 proposal (81 FR 83184). In that proposed rule, we
proposed to partially approve and partially disapprove the June 16,
2016, infrastructure SIP submission from Oklahoma, which addresses the
requirements of CAA sections 110(a)(1) and (2) as applicable to the
2012 PM2.5 NAAQS. We also proposed to disapprove a portion
of the January 28, 2015 i-SIP submission for the 2010 SO2
NAAQS. We proposed disapproval for both submissions only as to the
portions that address CAA section 110(a)(2)(D)(i)(II); the requirement
for visibility protection in other States. CAA section
110(a)(2)(D)(i)(II) requires the SIP for a new or revised NAAQS to
contain adequate provisions to prohibit emissions which will interfere
with required measures for any other State for (1) prevention of
significant deterioration (PSD) of air quality or (2) visibility
protection. We did not receive any comments regarding our proposal.
At this time, we are not acting on the portions of the 2012
PM2.5 and 2010 SO2 NAAQS i-SIP submissions that
address CAA section 110(a)(2)(D)(i)(II) as it relates to visibility
protection in other States. We also note that the State did not address
CAA section 110(a)(2)(D)(i)(I) \1\ in the June 16, 2016 submittal for
the 2012 PM2.5 NAAQS, thus we are not taking action to
approve or disapprove the requirements for that section. The State
submitted an i-SIP revision to address the requirements in CAA section
110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS on December 19,
2016; we expect to act on that submittal at a later time.
---------------------------------------------------------------------------
\1\ CAA section 110(a)(2)(D)(i)(I) requires the SIP to contain
adequate provisions to prohibit emissions to other States which will
(1) contribute significantly to nonattainment of a new or revised
NAAQS or (2) interfere with maintenance of that NAAQS.
---------------------------------------------------------------------------
II. Final Action
We are approving the portions of the June 16, 2016 Oklahoma
infrastructure SIP submission for the 2012 PM2.5 NAAQS that
address CAA sections 110(a)(2)(A), (B), (C), (D)(i)(II) as it relates
to the prevention of interference with PSD, (D)(ii), (E)(i), (E)(ii),
(F), (G), (H), (J), (K), (L) and (M). The i-SIP addresses how the
existing SIP provides for implementation, maintenance, and enforcement
of the 2012 PM2.5 NAAQS and is adequate to meet the State's
responsibilities under the CAA.
III. 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, 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 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
[[Page 27122]]
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 August 14, 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, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: June 1, 2017.
Samuel Coleman,
Acting 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(e), the first table titled ``EPA-Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma
SIP'' is amended by adding an entry for ``Infrastructure for the 2012
PM2.5 NAAQS'' at the end to read as follows:
Sec. 52.1920 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure for the 2012 PM2.5 Statewide........... 6/16/2016 6/14/2017 [Insert FR Does not address
NAAQS. page number where 110(a)(2)(D)(i)(I).
document begins]. No action on
110(a)(2)(D)
(i)(II) (visibility
portion).
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-12209 Filed 6-13-17; 8:45 am]
BILLING CODE 6560-50-P
