Approval and Promulgation of Implementation Plans; Oklahoma; Interstate Transport Requirements for the 2012 PM2.5, 31330-31331 [2018-14372]
Download as PDF
<![CDATA[
31330
Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Rules and Regulations
Rule title
*
*
*
XXI. Section 110(a)(2)(D)(i)(I) Interstate Transport
Requirements for the 2012 PM2.5 NAAQS.
*
Submitted: 1/25/2016 .......
§ 52.2620
Subpart ZZ—Wyoming
6. Section 52.2620, paragraph (e), is
amended by adding table entry (30) to
read as follows:
■
*
*
(30) XXX ............
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2017–0052; FRL–9979–
96—Region 6]
Approval and Promulgation of
Implementation Plans; Oklahoma;
Interstate Transport Requirements for
the 2012 PM2.5 NAAQS
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 portions of Oklahoma’s
State Implementation Plan (SIP)
submittal, that addresses a CAA
requirement that SIPs account for
potential interstate transport of air
pollution that significantly contributes
to nonattainment or interferes with
maintenance of the 2012 fine particulate
matter (PM2.5) National Ambient Air
Quality Standards (NAAQS) in other
states. EPA finds that emissions from
Oklahoma sources do not contribute
significantly to nonattainment in, or
interfere with maintenance by, any
other state with regard to the 2012 PM2.5
NAAQS.
DATES: This rule is effective on August
6, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2017–0052. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
SUMMARY:
VerDate Sep<11>2014
15:52 Jul 03, 2018
Jkt 244001
*
[Insert Federal Register
citation], 7/5/2018.
Comments
*
*
EPA Effective
date
6/24/2016
8/6/2018
Interstate
transport
SIP
for
Section
110(a)(2)(D)(i)(I) prongs 1 and 2 for the 2012
PM2.5 NAAQS.
BILLING CODE 6560–50–P
*
8/6/2018
State effective
date
Rule title
[FR Doc. 2018–14386 Filed 7–3–18; 8:45 am]
Final rule citation, date
Identification of plan.
*
*
(e) * * *
Rule No.
sradovich on DSK3GMQ082PROD with RULES
EPA effective
date
State effective date
Final rule citation, date
Comments
[Insert Federal Register citation], 7/5/
2018.
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:
Sherry Fuerst, 214–665–6454,
fuerst.sherry@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
allegations against the FBI. Such
comment is irrelevant and is outside the
scope of this specific rule making
action. In the second comment, received
May 20, 2018, the commenter raised
concerns regarding the validity of the
UN Intergovernmental Panel on Climate
Change and governments’ reliance on
the panel’s recommendations. Such
comment is irrelevant and is outside the
scope of this specific rule making
action. In the third and final comment,
received on June 3, 2018, the
commenter raised concerns and doubts
about the effectiveness of environmental
regulations. Such comment is irrelevant
and is outside the scope of this specific
rule making action.
I. Background
The background for this action is
discussed in detail in our May 18, 2018
proposal (83 FR 23244). In that
document we proposed to approve
portions of Oklahoma’s SIP submittal,
that addresses a CAA requirement that
SIPs account for potential interstate
transport of air pollution that
significantly contributes to
nonattainment or interferes with
maintenance of the 2012 PM2.5 NAAQS
in other states. We proposed to
determine that emissions from
Oklahoma sources do not contribute
significantly to nonattainment in, or
interfere with maintenance by, any
other state with regard to the 2012 PM2.5
NAAQS.
We received three anonymous public
comments on the proposed rulemaking
action. The comments are posted to the
docket (EPA–R06–OAR–2017–0052). In
the first comment, received on May 19,
2018, the commenter makes a comment
regarding the President and his recent
We are approving the portions of the
December 19, 2016 Oklahoma SIP
revision pertaining to emissions that
significantly contribute to
nonattainment or interfere with
maintenance of the 2012 PM2.5 NAAQS
in other states. We find that emissions
from Oklahoma sources do not
contribute significantly to
nonattainment in, or interfere with
maintenance by, any other state with
regard to the 2012 PM2.5 NAAQS.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
II. Final Action
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
E:\FR\FM\05JYR1.SGM
05JYR1
31331
Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Rules and Regulations
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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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 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 September 3,
2018. 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, Particulate matter.
Dated: June 28, 2018.
Anne Idsal,
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(e) the table titled
‘‘EPA-Approved Oklahoma
Nonregulatory Provisions and QuasiRegulatory Measures in the Oklahoma
SIP’’ is amended by adding an entry at
the end for ‘‘Interstate transport for the
2012 PM2.5 NAAQS (contribute to
nonattainment or interfere with
maintenance)’’ to read as follows:
■
§ 52.1920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE OKLAHOMA SIP
Name of SIP
provision
Applicable
geographic or
nonattainment area
*
*
*
Interstate transport for the 2012 PM2.5 NAAQS (contribute to nonattainment or interfere with maintenance).
*
Statewide .........................
*
*
*
*
State
submittal
date
*
12/19/2016
EPA
approval date
*
7/5/2018, [Insert Federal
Register citation].
*
[FR Doc. 2018–14372 Filed 7–3–18; 8:45 am]
sradovich on DSK3GMQ082PROD with RULES
BILLING CODE 6560–50–P
VerDate Sep<11>2014
15:52 Jul 03, 2018
Jkt 244001
PO 00000
Frm 00007
Fmt 4700
Sfmt 9990
E:\FR\FM\05JYR1.SGM
05JYR1
Explanation
*
]]>Agencies
[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)]
[Rules and Regulations]
[Pages 31330-31331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14372]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2017-0052; FRL-9979-96--Region 6]
Approval and Promulgation of Implementation Plans; Oklahoma;
Interstate Transport Requirements for the 2012 PM2.5 NAAQS
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 portions of
Oklahoma's State Implementation Plan (SIP) submittal, that addresses a
CAA requirement that SIPs account for potential interstate transport of
air pollution that significantly contributes to nonattainment or
interferes with maintenance of the 2012 fine particulate matter
(PM2.5) National Ambient Air Quality Standards (NAAQS) in
other states. EPA finds that emissions from Oklahoma sources do not
contribute significantly to nonattainment in, or interfere with
maintenance by, any other state with regard to the 2012
PM2.5 NAAQS.
DATES: This rule is effective on August 6, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2017-0052. All documents in the docket are
listed on the https://www.regulations.gov website. 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: Sherry Fuerst, 214-665-6454,
[email protected].
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 May
18, 2018 proposal (83 FR 23244). In that document we proposed to
approve portions of Oklahoma's SIP submittal, that addresses a CAA
requirement that SIPs account for potential interstate transport of air
pollution that significantly contributes to nonattainment or interferes
with maintenance of the 2012 PM2.5 NAAQS in other states. We
proposed to determine that emissions from Oklahoma sources do not
contribute significantly to nonattainment in, or interfere with
maintenance by, any other state with regard to the 2012
PM2.5 NAAQS.
We received three anonymous public comments on the proposed
rulemaking action. The comments are posted to the docket (EPA-R06-OAR-
2017-0052). In the first comment, received on May 19, 2018, the
commenter makes a comment regarding the President and his recent
allegations against the FBI. Such comment is irrelevant and is outside
the scope of this specific rule making action. In the second comment,
received May 20, 2018, the commenter raised concerns regarding the
validity of the UN Intergovernmental Panel on Climate Change and
governments' reliance on the panel's recommendations. Such comment is
irrelevant and is outside the scope of this specific rule making
action. In the third and final comment, received on June 3, 2018, the
commenter raised concerns and doubts about the effectiveness of
environmental regulations. Such comment is irrelevant and is outside
the scope of this specific rule making action.
II. Final Action
We are approving the portions of the December 19, 2016 Oklahoma SIP
revision pertaining to emissions that significantly contribute to
nonattainment or interfere with maintenance of the 2012
PM2.5 NAAQS in other states. We find that emissions from
Oklahoma sources do not contribute significantly to nonattainment in,
or interfere with maintenance by, any other state with regard to the
2012 PM2.5 NAAQS.
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
[[Page 31331]]
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 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 September 3, 2018. 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, Particulate matter.
Dated: June 28, 2018.
Anne Idsal,
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 table titled ``EPA-Approved Oklahoma
Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma
SIP'' is amended by adding an entry at the end for ``Interstate
transport for the 2012 PM2.5 NAAQS (contribute to
nonattainment or interfere with maintenance)'' 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Interstate transport for the Statewide.......... 12/19/2016 7/5/2018, [Insert .....................
2012 PM2.5 NAAQS (contribute to Federal Register
nonattainment or interfere with citation].
maintenance).
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-14372 Filed 7-3-18; 8:45 am]
BILLING CODE 6560-50-P
