Approval and Promulgation of Implementation Plans; Oklahoma; General SIP Updates, 31511-31513 [2018-14493]
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Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
The Boeing Company: Docket No. FAA–
2018–0581; Product Identifier 2018–
NM–029–AD.
(a) Comments Due Date
We must receive comments by August 20,
2018.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 777–200, –200LR, –300, and –300ER
series airplanes, certificated in any category,
as identified in Boeing Special Attention
Service Bulletin 777–25–0649, Revision 1,
dated October 6, 2017.
(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/furnishings.
(e) Unsafe Condition
This AD was prompted by a report that
showed a non-compliance exists on some inservice galley attendant seat fitting
installations. The non-compliance could
result in flight attendant seats failing in a
high-G crash. We are issuing this AD to
address non-compliant flight attendant seats,
which could fail in a high-G crash and result
in potential injury to flight attendants and
consequent inability of the flight attendants
to assist with passenger evacuation in a
timely manner.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
daltland on DSKBBV9HB2PROD with PROPOSALS
(g) Required Actions
Within 6 years after the effective date of
this AD, do all applicable actions identified
as ‘‘RC’’ (required for compliance) in, and in
accordance with, the Accomplishment
Instructions of Boeing Special Attention
Service Bulletin 777–25–0649, Revision 1,
dated October 6, 2017.
(h) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (i)(1) of
this AD. Information may be emailed to: 9ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
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modification, or alteration required by this
AD if it is approved by the Boeing
Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle ACO
Branch, FAA, to make those findings. To be
approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) For service information that contains
steps that are labeled as RC, the provisions
of paragraphs (h)(4)(i) and (h)(4)(ii) of this
AD apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC
requirement is removed from that step or
substep. An AMOC is required for any
deviations to RC steps, including substeps
and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
(i) Related Information
(1) For more information about this AD,
contact Allison Buss, Aerospace Engineer,
Cabin Safety and Environmental Systems
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3564; email:
Allison.buss@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet https://
www.myboeingfleet.com. You may view this
referenced service information at the FAA,
Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information
on the availability of this material at the
FAA, call 206–231–3195.
Issued in Des Moines, Washington, on June
21, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–14425 Filed 7–5–18; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0350; FRL–9979–
54—Region 6]
Approval and Promulgation of
Implementation Plans; Oklahoma;
General SIP Updates
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
31511
Proposed rule.
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve revisions to the
State Implementation Plan (SIP) for
Oklahoma submitted by the State of
Oklahoma designee with a letter dated
February 14, 2017. The submittal covers
updates to the Oklahoma SIP, as
contained in annual SIP updates for
2013, 2014, 2015, and 2016, and
incorporates the latest changes to EPA
regulations. This action will address the
revisions submitted to the Oklahoma
SIP pertaining to incorporation by
reference of federal requirements and
emission inventory reporting
requirements.
SUMMARY:
Written comments must be
received on or before August 6, 2018.
DATES:
Submit your comments,
identified by Docket No. EPA–R06–
OAR–2018–0350, at https://
www.regulations.gov or via email to
wiley.adina@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
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 Adina Wiley, 214–665–2115,
wiley.adina@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 the 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).
ADDRESSES:
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Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
daltland on DSKBBV9HB2PROD with PROPOSALS
Adina Wiley, (214) 665–2115,
wiley.adina@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Ms. Adina Wiley or
Mr. Bill Deese at (214) 665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA.
I. Background
Section 110 of the Act requires states
to develop air pollution regulations and
control strategies to ensure that air
quality meets the EPA’s National
Ambient Air Quality Standards. These
ambient standards are established under
section 109 of the Act and they
currently address six criteria pollutants:
Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and
sulfur dioxide. The state’s air
regulations are contained in its SIP,
which is basically a clean air plan. Each
state is responsible for developing SIPs
to demonstrate how the NAAQS will be
achieved, maintained, and enforced.
The SIP must be submitted to EPA for
approval and any changes a state makes
to the approved SIP also must be
submitted to the EPA for approval.
The Oklahoma Secretary of Energy
and Environment submitted revisions
for approval by EPA on February 14,
2017. The submittal addresses air
pollution regulations and control
strategies adopted and codified in the
Oklahoma Administrative Code (OAC)
under Title 252 (DEQ), Chapter 100 (Air
Pollution Control), Subchapter 2 and
Appendix Q—Incorporation by
Reference; Subchapter 5—Registration,
Emission Inventory and Annual
Operating Fees; Subchapter 13—Open
Burning; Subchapter 17—Incinerators;
Subchapter 25—Visible Emissions and
Particulates; Subchapter 31—Control of
Emission of Sulfur Compounds;
Appendix E—Primary Ambient Air
Quality Standards; and Appendix F—
Secondary Ambient Air Quality
Standards. The EPA has proposed
separate action to address the February
14, 2017, submission of revisions to
OAC 252:100, Subchapters 13, 17, 25,
31, and Appendices E and F. See the
rulemaking docket EPA–R06–OAR–
2017–0145. In this action we are only
addressing the February 14, 2017,
submitted revisions to OAC 252:100,
Subchapters 2, 5, and Appendix Q.
II. The EPA’s Evaluation
The accompanying Technical Support
Document for this action includes a
detailed analysis of the submitted
revisions to the Oklahoma SIP. With the
exception of Subchapter 5 discussed
below, the revisions are minor or non-
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substantive in nature and do not change
the intent of the originally approved SIP
requirements. Our analysis indicates
that the SIP revision package submitted
on February 14, 2017, has been
developed in accordance with the CAA
and the State provided reasonable
notice and public hearing. The revisions
to OAC 252:100, Subchapter 2 and
Appendix Q update the incorporation
by reference dates so that the Oklahoma
SIP maintains consistency with federal
requirements. The revisions to OAC
252:100, Subchapter 5 substantively
revise the emission inventory reporting
requirements. The ODEQ is revising the
reporting schedule for sources with
permits by rule to align with the ThreeYear Cycle Inventory of the National
Emission Inventory specified in 40 CFR
51.30(b). ODEQ is clarifying that permit
exempt and de minimis facilities as
defined in OAC 252:100, Subchapter 7
are not subject to emission inventory
reporting requirements unless annual
emissions from the facility exceed the
federal emission thresholds listed in 40
CFR part 51, Appendix A. The ODEQ is
also providing the ability for the
Director to require emission inventory
reporting from any facility with the
potential to emit any regulated air
pollutant if the data is needed for
program planning or compliance with
State or Federal rules, regulations,
standards or requirements. The EPA has
determined it is appropriate to approve
revisions to the Oklahoma SIP because
these revisions maintain consistency
with federal requirements and will not
interfere with any applicable
requirement concerning attainment and
reasonable further progress or any other
applicable CAA requirements.
III. Proposed Action
We are proposing to approve revisions
to the Oklahoma SIP that revise the
incorporation by reference dates for
federal requirements and update the
emission inventory reporting
requirements. We have determined that
the revisions submitted on February 14,
2017, were developed in accordance
with the CAA and EPA’s regulations.
Therefore, under section 110 of the Act,
the EPA proposes approval of the
following revisions to the Oklahoma
SIP:
• Revisions to OAC 252:100–2–3 and
Appendix Q adopted on April 25, 2013;
effective July 1, 2013;
• Revisions to OAC 252:100–2–3 and
Appendix Q adopted on June 19, 2014;
effective September 12, 2014;
• Revisions to OAC 252:100–2–3 and
Appendix Q adopted on June 8, 2015;
effective September 15, 2015;
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• Revisions to OAC 252:100–2–3 and
Appendix Q adopted on June 9, 2016;
effective September 15, 2016;
• Revisions to OAC 252:100–5–2
adopted on June 19, 2014; effective
September 12, 2014;
• Revisions to OAC 252:100–5–2.1
adopted on June 19, 2014; effective
September 12, 2014;
• Revisions to OAC 252:100–5–2.1
adopted June 9, 2016; effective
September 15, 2016; and
• Revisions to OAC 252:100–5–3
adopted on June 19, 2014; effective
September 12, 2014.
IV. Incorporation by Reference
In this action, we are proposing to
include in a final rule regulatory text
that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, we are
proposing to incorporate by reference
revisions to the Oklahoma regulations as
described in the Proposed Action
section above. We have made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and in
hard copy at the EPA Region 6 office
(please contact Adina Wiley for more
information).
V. 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 proposes to approve 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);
• 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.);
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Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules
• 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 proposed 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 28, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018–14493 Filed 7–5–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
daltland on DSKBBV9HB2PROD with PROPOSALS
40 CFR Part 52
[EPA–R01–OAR–2017–0442; FRL–9980–
11—Region 1]
Air Plan Approval; New Hampshire;
Action on Single Source Orders and
Revision to Definitions
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the State of New
Hampshire. The revisions incorporate a
single source order into the New
Hampshire SIP, remove a previously
approved order from the SIP, and
approve various definitions used within
New Hampshire’s air pollution control
regulations. This action is being taken
under the Clean Air Act.
DATES: Written comments must be
received on or before August 6, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2017–0442 at https://
www.regulations.gov, or via email to
mcconnell.robert@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, 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
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 the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Bob
McConnell, Environmental Engineer,
SUMMARY:
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31513
Air Quality Planning Unit, Air Programs
Branch (Mail Code OEP05–02), U.S.
Environmental Protection Agency,
Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109–
3912; (617) 918–1046;
mcconnell.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. Description and Review of Submittals
a. Order for the Diacom Corporation
b. Withdrawal of Order for the Kalwall
Corporation
c. Revisions to Env-A 101, Definitions
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On July 24, 2017, the New Hampshire
Air Resources Division (ARD) submitted
a revision to its SIP consisting of an
order establishing reasonably available
control technology (RACT) requirements
for the Diacom Corporation. On June 22,
2017, the New Hampshire ARD
submitted a SIP revision that requested
removal from the SIP of a previously
approved RACT order for the Kalwall
Corporation. On November 14, 2003, the
New Hampshire ARD submitted a
number of SIP revision requests to EPA,
including a request to revise its set of
definitions used within its air pollution
control regulations. We are proposing to
approve these three SIP revision
requests for the reasons stated below.
II. Description and Review of
Submittals
a. Order for the Diacom Corporation
On July 24, 2017, the New Hampshire
ARD submitted to EPA as a SIP revision
request order RO–0002 establishing
RACT requirements to limit emissions
of volatile organic compounds (VOCs)
for the Diacom Corporation located in
Amherst, New Hampshire. The Diacom
Corporation requested a source-specific
RACT order for VOCs for an adhesives
process that requires use of a high
solvent-based product necessary to
obtain an extremely thin, monomolecular layer of adhesive onto fabrics
used in the production of diaphragms
for the aerospace, automotive, medical,
and food processing industries.
Diacom’s request included a technical
justification and an evaluation of
capture and control device technologies
that were evaluated. No cost effective
capture and control technologies were
uncovered from the evaluation. New
Hampshire reviewed and concurred
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]]>Agencies
[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Proposed Rules]
[Pages 31511-31513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14493]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2018-0350; FRL-9979-54--Region 6]
Approval and Promulgation of Implementation Plans; Oklahoma;
General SIP Updates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve revisions
to the State Implementation Plan (SIP) for Oklahoma submitted by the
State of Oklahoma designee with a letter dated February 14, 2017. The
submittal covers updates to the Oklahoma SIP, as contained in annual
SIP updates for 2013, 2014, 2015, and 2016, and incorporates the latest
changes to EPA regulations. This action will address the revisions
submitted to the Oklahoma SIP pertaining to incorporation by reference
of federal requirements and emission inventory reporting requirements.
DATES: Written comments must be received on or before August 6, 2018.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0350, at https://www.regulations.gov or via email to
[email protected]. 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
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 Adina Wiley, 214-665-
2115, [email protected]. 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/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the 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).
[[Page 31512]]
FOR FURTHER INFORMATION CONTACT: Adina Wiley, (214) 665-2115,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with Ms. Adina Wiley or Mr. Bill Deese at (214)
665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.
I. Background
Section 110 of the Act requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
EPA's National Ambient Air Quality Standards. These ambient standards
are established under section 109 of the Act and they currently address
six criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone,
lead, particulate matter, and sulfur dioxide. The state's air
regulations are contained in its SIP, which is basically a clean air
plan. Each state is responsible for developing SIPs to demonstrate how
the NAAQS will be achieved, maintained, and enforced. The SIP must be
submitted to EPA for approval and any changes a state makes to the
approved SIP also must be submitted to the EPA for approval.
The Oklahoma Secretary of Energy and Environment submitted
revisions for approval by EPA on February 14, 2017. The submittal
addresses air pollution regulations and control strategies adopted and
codified in the Oklahoma Administrative Code (OAC) under Title 252
(DEQ), Chapter 100 (Air Pollution Control), Subchapter 2 and Appendix
Q--Incorporation by Reference; Subchapter 5--Registration, Emission
Inventory and Annual Operating Fees; Subchapter 13--Open Burning;
Subchapter 17--Incinerators; Subchapter 25--Visible Emissions and
Particulates; Subchapter 31--Control of Emission of Sulfur Compounds;
Appendix E--Primary Ambient Air Quality Standards; and Appendix F--
Secondary Ambient Air Quality Standards. The EPA has proposed separate
action to address the February 14, 2017, submission of revisions to OAC
252:100, Subchapters 13, 17, 25, 31, and Appendices E and F. See the
rulemaking docket EPA-R06-OAR-2017-0145. In this action we are only
addressing the February 14, 2017, submitted revisions to OAC 252:100,
Subchapters 2, 5, and Appendix Q.
II. The EPA's Evaluation
The accompanying Technical Support Document for this action
includes a detailed analysis of the submitted revisions to the Oklahoma
SIP. With the exception of Subchapter 5 discussed below, the revisions
are minor or non-substantive in nature and do not change the intent of
the originally approved SIP requirements. Our analysis indicates that
the SIP revision package submitted on February 14, 2017, has been
developed in accordance with the CAA and the State provided reasonable
notice and public hearing. The revisions to OAC 252:100, Subchapter 2
and Appendix Q update the incorporation by reference dates so that the
Oklahoma SIP maintains consistency with federal requirements. The
revisions to OAC 252:100, Subchapter 5 substantively revise the
emission inventory reporting requirements. The ODEQ is revising the
reporting schedule for sources with permits by rule to align with the
Three-Year Cycle Inventory of the National Emission Inventory specified
in 40 CFR 51.30(b). ODEQ is clarifying that permit exempt and de
minimis facilities as defined in OAC 252:100, Subchapter 7 are not
subject to emission inventory reporting requirements unless annual
emissions from the facility exceed the federal emission thresholds
listed in 40 CFR part 51, Appendix A. The ODEQ is also providing the
ability for the Director to require emission inventory reporting from
any facility with the potential to emit any regulated air pollutant if
the data is needed for program planning or compliance with State or
Federal rules, regulations, standards or requirements. The EPA has
determined it is appropriate to approve revisions to the Oklahoma SIP
because these revisions maintain consistency with federal requirements
and will not interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable CAA
requirements.
III. Proposed Action
We are proposing to approve revisions to the Oklahoma SIP that
revise the incorporation by reference dates for federal requirements
and update the emission inventory reporting requirements. We have
determined that the revisions submitted on February 14, 2017, were
developed in accordance with the CAA and EPA's regulations. Therefore,
under section 110 of the Act, the EPA proposes approval of the
following revisions to the Oklahoma SIP:
Revisions to OAC 252:100-2-3 and Appendix Q adopted on
April 25, 2013; effective July 1, 2013;
Revisions to OAC 252:100-2-3 and Appendix Q adopted on
June 19, 2014; effective September 12, 2014;
Revisions to OAC 252:100-2-3 and Appendix Q adopted on
June 8, 2015; effective September 15, 2015;
Revisions to OAC 252:100-2-3 and Appendix Q adopted on
June 9, 2016; effective September 15, 2016;
Revisions to OAC 252:100-5-2 adopted on June 19, 2014;
effective September 12, 2014;
Revisions to OAC 252:100-5-2.1 adopted on June 19, 2014;
effective September 12, 2014;
Revisions to OAC 252:100-5-2.1 adopted June 9, 2016;
effective September 15, 2016; and
Revisions to OAC 252:100-5-3 adopted on June 19, 2014;
effective September 12, 2014.
IV. Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Oklahoma regulations as described in the
Proposed Action section above. We have made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and in hard copy at the EPA Region 6 office (please
contact Adina Wiley for more information).
V. 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 proposes to approve 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);
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.);
[[Page 31513]]
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 proposed 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 28, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-14493 Filed 7-5-18; 8:45 am]
BILLING CODE 6560-50-P
