Approval and Promulgation of State Implementation Plan, Oklahoma; Supplemental Notice of Proposed Rulemaking, 50312-50314 [2018-21718]

Download as PDF 50312 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves a safety zone lasting 4 hours that would prohibit entry within 190 yards of a fireworks barge. Normally such actions are categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. daltland on DSKBBV9HB2PROD with PROPOSALS G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit https:// www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov VerDate Sep<11>2014 16:31 Oct 04, 2018 Jkt 247001 and can be viewed by following that website’s instructions. Additionally, you may go to the online docket and sign up for email alerts, and you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine Safety, Navigation (water), Reporting and record-keeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 3 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1 2. Add § 165.T14–0864 to read as follows: ■ § 165. T14–0864 Tumon, GU. Safety Zone; Tumon Bay, (a) Location. The following areas, within the Guam Captain of the Port (COTP) Zone (See 33 CFR 3.70–15), all navigable waters on the surface and below the surface within 190 yards of the fireworks barge participating in the New Year’s Eve Fireworks display. (1) Location. The following position 13 degrees 30 minutes 24.99 seconds N Latitude, 144 degrees 47 minutes 21.93 seconds E Longitude are to be used as a guide to the location of the barge. (b) Effective Dates. This rule is effective from 9 p.m. on December 31, 2018 through 1 a.m. on January 1, 2019. (c) Enforcement. Any Coast Guard commissioned, warrant, or petty officer, and any other COTP representative permitted by law, may enforce this temporary safety zone. (d) Waiver. The COTP may waive any of the requirements of this rule for any person, vessel, or class of vessel upon finding that application of the safety zone is unnecessary or impractical for the purpose of maritime security. (g) Penalties. Vessels or persons violating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Dated: October 1, 2018. Christopher M. Chase, Captain, U.S. Coast Guard, Captain of the Port, Guam. [FR Doc. 2018–21621 Filed 10–4–18; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2017–0145; 9983–65– Region 6] Approval and Promulgation of State Implementation Plan, Oklahoma; Supplemental Notice of Proposed Rulemaking Environmental Protection Agency (EPA). ACTION: Supplemental notice of proposed rulemaking, withdrawal of proposed rule. AGENCY: In this supplemental notice of proposed rulemaking, the Environmental Protection Agency (EPA) is supplementing our proposed approval published on March 22, 2018, of revisions to the State Implementation Plan (SIP) for Oklahoma, as submitted by the State of Oklahoma designee with a letter dated February 14, 2017. First, we are reopening the comment period based on information submitted by Oklahoma in a letter dated July 31, 2018, and our analysis of it. Second, EPA is withdrawing its proposed action on the Commercial and Industrial Solid Waste Incineration Units rule because the State did not submit it for approval as a SIP revision. DATES: Written comments must be received on or before November 5, 2018. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2017–0145, at https:// www.regulations.gov or via email to shar.alan@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 Mr. Alan Shar, (214) 665–6691, shar.alan@epa.gov. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on SUMMARY: E:\FR\FM\05OCP1.SGM 05OCP1 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules 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). FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, (214) 665–6691; shar.alan@ epa.gov. To inspect the hard copy materials, please schedule an appointment with Mr. Alan Shar. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. I. Background On March 22, 2018 (83 FR 12514), we published a proposed rulemaking action to approve certain revisions to the Oklahoma SIP, as submitted by Oklahoma on 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 the EPA regulations. Specifically, the March 22, 2018 proposal concerned revisions to the following rules in the Oklahoma Administrative Code (OAC)—OAC 252:100–13 Open Burning, OAC 252:100–17 Incinerators, OAC 252:100– 25 Visible Emissions and Particulates, OAC 252:100–31 Control of Emission of Sulfur Compounds, OAC 252:100, Appendix E Primary Ambient Air Quality Standards, and OAC 252:100, Appendix F Secondary Ambient Air Quality Standards. Comments on the proposal were required to be received by April 23, 2018. daltland on DSKBBV9HB2PROD with PROPOSALS II. Additional information submitted by Oklahoma After the close of the public comment period, the Oklahoma Department of Environmental Quality (ODEQ) submitted additional information, by letter dated July 31, 2018, concerning the SIP rule revisions in our March 22, 2018 proposal. ODEQ provided this information in response to adverse comments (EPA–R06–OAR–2017–0145– 022) submitted to the EPA during the initial comment period. The information submitted by ODEQ is intended to clarify the rule revisions and their applicability as well as to further demonstrate how the revisions improve the Oklahoma SIP. In particular, ODEQ VerDate Sep<11>2014 16:31 Oct 04, 2018 Jkt 247001 provided additional information related to the following four rule revisions included in the March 22, 2018 proposal: (1) A revision to OAC 252:100–9(4) that exempts opening burning allowed under OAC 252:100– 13–7(6)(B) and OAC 252:100–13–8 from the time restrictions otherwise applicable to opening burning; (2) a revision to OAC 252:100–17–2 adding NSPS Subpart AAAA and NSPS Subpart CCCC to the list of sources exempt from the requirements for general purpose incinerators; (3) a revision to OAC 252:100–25–5(c) eliminating the words ‘‘and EPA’’ from the rule’s requirement concerning alternative monitoring; and (4) a revision to OAC 252:100–31 which replaces SO2 ambient standards (exposure limits) in the existing SIP at OAC 252:100–31–12 (renumbered OAC 252:100–31–7) with EPA’s 2010 SO2 National Ambient Air Quality Standards. III. EPA’s Evaluation and Analysis of ODEQ’s July 31, 2018 Letter We have evaluated the information contained in ODEQ’s July 31, 2018 letter and find that it affirms our determination that the submitted revisions included in the March 22, 2018 proposal meet SIP requirements, as provided by CAA section 110 and EPA’s implementing regulations at 40 CFR part 51. We have included our evaluation of ODEQ’s July 31, 2018 letter and our additional analysis of the four rule revisions identified in part II above in a supplement to the Technical Support Document (TSD) which may be found in the docket. See Supplement 3 to the TSD in the docket for this action. The result of our evaluation and analysis continues to support the proposed approval of the rule revisions identified in the March 22, 2018 proposal, with the recognition of one inadvertent oversight on our part described below. The March 22, 2018 proposal inadvertently includes a proposal to approve rule revisions to OAC 252:100– 17, Part 9 Commercial and Industrial Solid Waste Incineration Units— specifically OAC 252:100–17–60 through 17–76. We are withdrawing our proposal action on these provisions because we lack the authority to act on them under section 110 as a SIP revision. Moreover, these provisions were not submitted to EPA for SIP approval as part of the February 14, 2017 SIP submittal and include provisions that pertain to CAA sections 111(d) and 129, instead, which will be acted upon separately in the future.1 1 Those provisions are not directly related to CAA section 110 (State implementation Plans for PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 50313 IV. Supplemental Proposed Action In summary, EPA proposed to approve certain revisions to the Oklahoma SIP, as submitted by Oklahoma on February 14, 2017, in our March 22, 2018 proposal (83 FR 12514). In this supplemental proposed action, we are withdrawing the proposed action on the revisions to OAC 252:100–17, Part 9 (Part 9), because Part 9 was not included in Oklahoma’s February 14, 2017 SIP submittal. We lack the authority to act on this Part 9 under CAA section 110 because the State did not submit it as a SIP revision for approval. We are proposing to affirm the approvability of the other rule revisions contained in the March 22, 2018 proposal based upon the supplemental information in ODEQ’s July 31, 2018 letter, as well as additional information included in Supplement 3 to the TSD. The scope of this supplemental notice and the reopening of the comment period is strictly limited to only the supplemental information and our evaluation of it. The EPA is not reopening the comment period on any other aspect of the March 22, 2018 proposal, as an adequate opportunity to comment on those issues has already been provided. The EPA will not respond to comments received during the reopened comment period outside the above-defined scope. This action will allow interested persons additional time to review the supplemental information to prepare and submit relevant comments. The EPA will address all comments received on the original proposal and on this supplemental action in our final action. V. 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 Oklahoma’s regulations, as described in part IV above. The EPA has made, and will continue to make, these documents generally available electronically through NAAQS) and pertain to CAA sections 111(d) (Standards of performance for existing sources; remaining useful life of source) and 129 (Solid waste combustion) standards. These Subchapter 17 revisions were submitted by the Oklahoma Department of Environmental Quality to EPA, by letter dated September 15, 2017, as an update to Oklahoma’s Air Quality State Plan for Commercial and Industrial Solid Waste Incinerators (CISWI) units, under CAA sections 111(d) and 129. Pursuant to those statutory provisions and EPA’s implementing regulations related thereto, EPA will be evaluating and acting upon the September 15, 2017 Submittal in a separate action. E:\FR\FM\05OCP1.SGM 05OCP1 50314 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules daltland on DSKBBV9HB2PROD with PROPOSALS www.regulations.gov and in hard copy at the EPA Region 6 office. VI. Statutory and Executive Order Reviews Under the 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, EPA’s role is to approve state choices, provided that they meet the criteria of the Act. 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 Order 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 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 VerDate Sep<11>2014 17:16 Oct 04, 2018 Jkt 247001 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, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: September 18, 2018. David Gray, Acting Regional Administrator, Region 6. [FR Doc. 2018–21718 Filed 10–4–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2017–0681; FRL–9984–98– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Attainment Plan for the Beaver, Pennsylvania Nonattainment Area for the 2010 Sulfur Dioxide Primary National Ambient Air Quality Standard Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision, submitted by the Commonwealth of Pennsylvania through the Pennsylvania Department of Environmental Protection (PADEP), to EPA on September 29, 2017, for the purpose of providing for attainment of the 2010 sulfur dioxide (SO2) primary national ambient air quality standard (NAAQS) in the Beaver County, Pennsylvania SO2 nonattainment area (hereafter referred to as the ‘‘Beaver Area’’ or ‘‘Area’’). The Beaver Area is comprised of a portion of Beaver County (Industry Borough, Shippingport Borough, Midland Borough, Brighton Township, Potter Township and Vanport Township) in Pennsylvania. The SIP submission is an attainment plan which includes the base year emissions inventory, an analysis of the reasonably available control technology SUMMARY: PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 (RACT) and reasonably available control measure (RACM) requirements, a reasonable further progress (RFP) plan, a modeling demonstration of SO2 attainment, contingency measures for the Beaver Area, and Pennsylvania’s new source review (NSR) permitting program. As part of approving the attainment plan, EPA is also proposing to approve into the Pennsylvania SIP new SO2 emission limits and associated compliance parameters for the FirstEnergy Generation, LLC (FirstEnergy) Bruce Mansfield Power Station (Bruce Mansfield Facility) and a consent order with Jewel Acquisition Midland steel plant (Jewel Facility). This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before November 5, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2017–0681 at https:// www.regulations.gov, or via email to spielberger.susan@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, 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. 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 https://www2.epa.gov/dockets/ commenting-epa-dockts. FOR FURTHER INFORMATION CONTACT: Megan Goold (215) 814–2027, or by email at goold.megan@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Background for EPA’s Proposed Action II. Requirements for SO2 Nonattainment Area Plan III. Attainment Demonstration and Longer Averaging Times E:\FR\FM\05OCP1.SGM 05OCP1

Agencies

[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Proposed Rules]
[Pages 50312-50314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21718]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0145; 9983-65-Region 6]


Approval and Promulgation of State Implementation Plan, Oklahoma; 
Supplemental Notice of Proposed Rulemaking

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental notice of proposed rulemaking, withdrawal of 
proposed rule.

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SUMMARY: In this supplemental notice of proposed rulemaking, the 
Environmental Protection Agency (EPA) is supplementing our proposed 
approval published on March 22, 2018, of revisions to the State 
Implementation Plan (SIP) for Oklahoma, as submitted by the State of 
Oklahoma designee with a letter dated February 14, 2017. First, we are 
reopening the comment period based on information submitted by Oklahoma 
in a letter dated July 31, 2018, and our analysis of it. Second, EPA is 
withdrawing its proposed action on the Commercial and Industrial Solid 
Waste Incineration Units rule because the State did not submit it for 
approval as a SIP revision.

DATES: Written comments must be received on or before November 5, 2018.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0145, 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 Mr. Alan Shar, (214) 665-6691, [email protected]. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on

[[Page 50313]]

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).

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, (214) 665-6691; 
[email protected]. To inspect the hard copy materials, please schedule 
an appointment with Mr. Alan Shar.

SUPPLEMENTARY INFORMATION: 
    Throughout this document, ``we,'' ``us,'' or ``our'' refer to EPA.

I. Background

    On March 22, 2018 (83 FR 12514), we published a proposed rulemaking 
action to approve certain revisions to the Oklahoma SIP, as submitted 
by Oklahoma on 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 the EPA regulations. 
Specifically, the March 22, 2018 proposal concerned revisions to the 
following rules in the Oklahoma Administrative Code (OAC)--OAC 252:100-
13 Open Burning, OAC 252:100-17 Incinerators, OAC 252:100-25 Visible 
Emissions and Particulates, OAC 252:100-31 Control of Emission of 
Sulfur Compounds, OAC 252:100, Appendix E Primary Ambient Air Quality 
Standards, and OAC 252:100, Appendix F Secondary Ambient Air Quality 
Standards. Comments on the proposal were required to be received by 
April 23, 2018.

II. Additional information submitted by Oklahoma

    After the close of the public comment period, the Oklahoma 
Department of Environmental Quality (ODEQ) submitted additional 
information, by letter dated July 31, 2018, concerning the SIP rule 
revisions in our March 22, 2018 proposal. ODEQ provided this 
information in response to adverse comments (EPA-R06-OAR-2017-0145-022) 
submitted to the EPA during the initial comment period. The information 
submitted by ODEQ is intended to clarify the rule revisions and their 
applicability as well as to further demonstrate how the revisions 
improve the Oklahoma SIP. In particular, ODEQ provided additional 
information related to the following four rule revisions included in 
the March 22, 2018 proposal: (1) A revision to OAC 252:100-9(4) that 
exempts opening burning allowed under OAC 252:100-13-7(6)(B) and OAC 
252:100-13-8 from the time restrictions otherwise applicable to opening 
burning; (2) a revision to OAC 252:100-17-2 adding NSPS Subpart AAAA 
and NSPS Subpart CCCC to the list of sources exempt from the 
requirements for general purpose incinerators; (3) a revision to OAC 
252:100-25-5(c) eliminating the words ``and EPA'' from the rule's 
requirement concerning alternative monitoring; and (4) a revision to 
OAC 252:100-31 which replaces SO2 ambient standards 
(exposure limits) in the existing SIP at OAC 252:100-31-12 (renumbered 
OAC 252:100-31-7) with EPA's 2010 SO2 National Ambient Air 
Quality Standards.

III. EPA's Evaluation and Analysis of ODEQ's July 31, 2018 Letter

    We have evaluated the information contained in ODEQ's July 31, 2018 
letter and find that it affirms our determination that the submitted 
revisions included in the March 22, 2018 proposal meet SIP 
requirements, as provided by CAA section 110 and EPA's implementing 
regulations at 40 CFR part 51. We have included our evaluation of 
ODEQ's July 31, 2018 letter and our additional analysis of the four 
rule revisions identified in part II above in a supplement to the 
Technical Support Document (TSD) which may be found in the docket. See 
Supplement 3 to the TSD in the docket for this action. The result of 
our evaluation and analysis continues to support the proposed approval 
of the rule revisions identified in the March 22, 2018 proposal, with 
the recognition of one inadvertent oversight on our part described 
below.
    The March 22, 2018 proposal inadvertently includes a proposal to 
approve rule revisions to OAC 252:100-17, Part 9 Commercial and 
Industrial Solid Waste Incineration Units--specifically OAC 252:100-17-
60 through 17-76. We are withdrawing our proposal action on these 
provisions because we lack the authority to act on them under section 
110 as a SIP revision. Moreover, these provisions were not submitted to 
EPA for SIP approval as part of the February 14, 2017 SIP submittal and 
include provisions that pertain to CAA sections 111(d) and 129, 
instead, which will be acted upon separately in the future.\1\
---------------------------------------------------------------------------

    \1\ Those provisions are not directly related to CAA section 110 
(State implementation Plans for NAAQS) and pertain to CAA sections 
111(d) (Standards of performance for existing sources; remaining 
useful life of source) and 129 (Solid waste combustion) standards. 
These Subchapter 17 revisions were submitted by the Oklahoma 
Department of Environmental Quality to EPA, by letter dated 
September 15, 2017, as an update to Oklahoma's Air Quality State 
Plan for Commercial and Industrial Solid Waste Incinerators (CISWI) 
units, under CAA sections 111(d) and 129. Pursuant to those 
statutory provisions and EPA's implementing regulations related 
thereto, EPA will be evaluating and acting upon the September 15, 
2017 Submittal in a separate action.
---------------------------------------------------------------------------

IV. Supplemental Proposed Action

    In summary, EPA proposed to approve certain revisions to the 
Oklahoma SIP, as submitted by Oklahoma on February 14, 2017, in our 
March 22, 2018 proposal (83 FR 12514). In this supplemental proposed 
action, we are withdrawing the proposed action on the revisions to OAC 
252:100-17, Part 9 (Part 9), because Part 9 was not included in 
Oklahoma's February 14, 2017 SIP submittal. We lack the authority to 
act on this Part 9 under CAA section 110 because the State did not 
submit it as a SIP revision for approval. We are proposing to affirm 
the approvability of the other rule revisions contained in the March 
22, 2018 proposal based upon the supplemental information in ODEQ's 
July 31, 2018 letter, as well as additional information included in 
Supplement 3 to the TSD. The scope of this supplemental notice and the 
reopening of the comment period is strictly limited to only the 
supplemental information and our evaluation of it. The EPA is not 
reopening the comment period on any other aspect of the March 22, 2018 
proposal, as an adequate opportunity to comment on those issues has 
already been provided. The EPA will not respond to comments received 
during the reopened comment period outside the above-defined scope. 
This action will allow interested persons additional time to review the 
supplemental information to prepare and submit relevant comments. The 
EPA will address all comments received on the original proposal and on 
this supplemental action in our final action.

V. 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 Oklahoma's regulations, as described in part IV 
above. The EPA has made, and will continue to make, these documents 
generally available electronically through

[[Page 50314]]

www.regulations.gov and in hard copy at the EPA Region 6 office.

VI. Statutory and Executive Order Reviews

    Under the 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, EPA's role is to approve state choices, 
provided that they meet the criteria of the Act. 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 Order 
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 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 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: September 18, 2018.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2018-21718 Filed 10-4-18; 8:45 am]
BILLING CODE 6560-50-P
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