Air Plan Approval; Oklahoma; Interstate Transport Requirements for the 1997 Ozone National Ambient Air Quality Standards, 976-977 [2019-00655]
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Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Rules and Regulations
experimental product or price category
is based on;
(2) Explain the relationship between
the proposed non-experimental product
or price category and market test or
experimental product;
(3) Identify any assumptions from the
market test that the request uses or is
based on;
(4) Include all data from data
collection reports filed during the
market test in the financial model
supporting the request, or separately
identify and explain any differences
between the data collection reports filed
during the market test and the data used
in the financial model supporting the
request; and
(5) Quantify the product specific costs
associated with the development of the
market test; that is, costs incurred before
the market test was implemented.
(d) The Postal Service must provide
advance notice of a request filed under
this section.
(1)(i) The requirements in this
paragraph (d)(1) apply if the Postal
Service seeks to add a non-experimental
product or price category based on an
experimental product to the competitive
product list as an NSA. If the Postal
Service seeks to continue the services
provided under a market test
immediately when the market test ends
with no interruption in service, the
Postal Service must file a request under
this section at least 45 days before:
(A) The market test expires (including
any extension period granted); or
(B) The market test is expected to
exceed any authorized limitation
specified in §§ 3035.15 and 3035.16
during any fiscal year, whichever is
earlier.
(ii) In all other instances, the Postal
Service must file a request under this
section at least 45 days before the
requested date for the Commission’s
decision.
(2)(i) The requirements in this
paragraph (d)(2) apply if the Postal
Service seeks to add a non-experimental
product or price category based on an
experimental product to the market
dominant or competitive product list as
a product other than a competitive NSA.
If the Postal Service seeks to continue
the services provided under a market
test immediately when the market test
ends with no interruption in service, the
Postal Service must file a request under
this section at least 60 days before:
(A) The market test expires (including
any extension period granted); or
(B) The market test is expected to
exceed any authorized limitation
specified in §§ 3035.15 and 3035.16
during any fiscal year, whichever is
earlier.
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(ii) In all other instances, the Postal
Service must file a request under this
section at least 60 days before the
requested date for the Commission’s
decision.
(e) The Postal Service shall also file a
notice of a request filed under this
section in the market test proceeding’s
docket if the market test proceeding’s
docket is an active case before the
Commission. This notice shall include
the applicable docket number(s) for the
proceeding evaluating the request.
By the Commission.
Stacy L. Ruble,
Secretary.
[FR Doc. 2019–00398 Filed 1–31–19; 8:45 am]
BILLING CODE 7710–FW–P
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: Carl
Young, 214–665–6645, young.carl@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2007–0314; FRL–9988–58–
Region 6]
Air Plan Approval; Oklahoma;
Interstate Transport Requirements for
the 1997 Ozone National Ambient Air
Quality Standards
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 a portion of an Oklahoma
State Implementation Plan (SIP)
submittal that pertains to the good
neighbor provision requirements of the
CAA with respect to interstate transport
of air pollution which will interfere
with maintenance of the 1997 ozone
National Ambient Air Quality Standards
(NAAQS). The good neighbor provision
requires, in part, that each state, in its
SIP, prohibit emissions that will
interfere with maintenance of a new or
revised NAAQS in another state. In this
action, EPA is approving the Oklahoma
SIP submittal as having met the interfere
with maintenance requirement of the
good neighbor provision for the 1997
ozone NAAQS in accordance with
section 110 of the CAA.
DATES: This rule is effective on March 4,
2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2007–0314. 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
SUMMARY:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
The background for this action is
discussed in detail in our November 16,
2018 proposal (83 FR 57701). In that
document we proposed to (1) approve
the portion of a May 1, 2007 Oklahoma
SIP submittal pertaining to the interfere
with maintenance requirement of CAA
section 110(a)(2)(D)(i)(I) with respect to
the 1997 ozone NAAQS and (2) find that
the state’s conclusion that Oklahoma
emissions do not interfere with
maintenance of the 1997 ozone NAAQS
in another state is consistent with our
conclusion regarding this good neighbor
obligation. We did not receive any
comments regarding our proposal.
II. Final Action
We are approving the portion of a
May 1, 2007 Oklahoma SIP submittal
pertaining to the interfere with
maintenance requirement of CAA
section 110(a)(2)(D)(i)(I) with respect to
the 1997 ozone NAAQS. We find that
the state’s conclusion that Oklahoma
emissions do not interfere with
maintenance of the 1997 ozone NAAQS
in another state is consistent with our
conclusion regarding this good neighbor
obligation. This action is being taken
under section 110 of the Act.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
E:\FR\FM\01FER1.SGM
01FER1
977
Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Rules and Regulations
• 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 April 2, 2019.
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, Ozone.
Dated: December 27, 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, paragraph (e), the
table titled ‘‘EPA-Approved
Nonregulatory Provisions and QuasiRegulatory Measures in the Oklahoma
SIP’’ is amended by revising the entry
for ‘‘Interstate transport for the 1997
ozone NAAQS (contribute to
nonattainment)’’ to read as follows:
■
§ 52.1920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE OKLAHOMA SIP
Applicable
geographic or
nonattainment
area
Name of SIP provision
*
*
Interstate transport for the 1997
ozone NAAQS (contribute to nonattainment or interfere with maintenance).
*
State
submittal
date
*
Statewide ...........................
*
*
*
5/1/2007
*
EPA approval
date
*
2/1/2019, [Insert
Federal Register citation].
Explanation
*
*
The contribute to nonattainment portion was approved on 12/29/2011,
(76 FR 81837).
*
*
[FR Doc. 2019–00655 Filed 1–31–19; 8:45 am]
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01FER1
*
]]>Agencies
[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Rules and Regulations]
[Pages 976-977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00655]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2007-0314; FRL-9988-58-Region 6]
Air Plan Approval; Oklahoma; Interstate Transport Requirements
for the 1997 Ozone National Ambient Air Quality Standards
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 a portion of an
Oklahoma State Implementation Plan (SIP) submittal that pertains to the
good neighbor provision requirements of the CAA with respect to
interstate transport of air pollution which will interfere with
maintenance of the 1997 ozone National Ambient Air Quality Standards
(NAAQS). The good neighbor provision requires, in part, that each
state, in its SIP, prohibit emissions that will interfere with
maintenance of a new or revised NAAQS in another state. In this action,
EPA is approving the Oklahoma SIP submittal as having met the interfere
with maintenance requirement of the good neighbor provision for the
1997 ozone NAAQS in accordance with section 110 of the CAA.
DATES: This rule is effective on March 4, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2007-0314. 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: Carl Young, 214-665-6645,
young.carl@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 16, 2018 proposal (83 FR 57701). In that document we proposed
to (1) approve the portion of a May 1, 2007 Oklahoma SIP submittal
pertaining to the interfere with maintenance requirement of CAA section
110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS and (2) find
that the state's conclusion that Oklahoma emissions do not interfere
with maintenance of the 1997 ozone NAAQS in another state is consistent
with our conclusion regarding this good neighbor obligation. We did not
receive any comments regarding our proposal.
II. Final Action
We are approving the portion of a May 1, 2007 Oklahoma SIP
submittal pertaining to the interfere with maintenance requirement of
CAA section 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS. We
find that the state's conclusion that Oklahoma emissions do not
interfere with maintenance of the 1997 ozone NAAQS in another state is
consistent with our conclusion regarding this good neighbor obligation.
This action is being taken under section 110 of the Act.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
[[Page 977]]
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 April 2, 2019. 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, Ozone.
Dated: December 27, 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, paragraph (e), the table titled ``EPA-Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma
SIP'' is amended by revising the entry for ``Interstate transport for
the 1997 ozone NAAQS (contribute to nonattainment)'' to read as
follows:
Sec. 52.1920 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State submittal EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Interstate transport for the Statewide......... 5/1/2007 2/1/2019, [Insert The contribute to
1997 ozone NAAQS (contribute Federal Register nonattainment portion
to nonattainment or interfere citation]. was approved on 12/29/
with maintenance). 2011, (76 FR 81837).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-00655 Filed 1-31-19; 8:45 am]
BILLING CODE 6560-50-P
