Air Plan Approval; Oklahoma; Regional Haze Five-Year Progress Report, 30918-30920 [2019-13738]
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30918
Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C 70034, 70051; 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.T11–978 to read as
follows:
■
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§ 165.T11–978 Safety Zone; Vallejo
Independence Day Fireworks Display, Mare
Island Strait, Vallejo, CA.
(a) Location. The following area is a
safety zone: from 8 a.m. on July 4, 2019
until 9 p.m. on July 4, 2019 the safety
zone will encompass all navigable
waters of Mare Island Strait, from
surface to bottom, within a circle
formed by connecting all points 100 feet
out from the fireworks barge during the
loading and staging at the Mare Island
Waterfront as well as during transit to
and arrival at the display location in
Vallejo, CA. Between 9 p.m. on July 4,
2019 until 10:18 p.m. on July 4, 2019,
the safety zone will expand to all
navigable waters, from surface to
bottom, within a circle formed by
connecting all points 420 feet out from
the fireworks barge in approximate
position 38°06′03″ N, 122°16′00″ W
(NAD 83).
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel or a
Federal, State, or local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or the COTP’s
designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or the COTP’s
designated representative to obtain
permission to do so. Vessel operators
given permission to enter or operate in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative. Persons and
vessels may request permission to enter
the safety zones on VHF–23A or through
the 24-hour Command Center at
telephone (415) 399–3547.
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(d) Enforcement period. The zone
described in paragraph (a) of this
section will be enforced from 8 a.m. on
July 4, 2019 until 10:18 p.m. on July 4,
2019. The Captain of the Port San
Francisco will notify the maritime
community of periods during which
these zones will be enforced via Notice
to Mariners in accordance with § 165.7.
Dated: June 18, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2019–13794 Filed 6–27–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2016–0619; FRL–9995–36–
Region 6]
Air Plan Approval; Oklahoma; Regional
Haze Five-Year Progress Report
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 revision to a State
Implementation Plan (SIP) submitted by
the Governor of Oklahoma through the
Oklahoma Department of Environmental
Quality (ODEQ) on September 28, 2016.
The SIP revision addresses requirements
of federal regulations that direct the
State to submit a periodic report
describing progress toward reasonable
progress goals (RPGs) established for
regional haze and a determination of the
adequacy of the existing
implementation plan.
DATES: This rule is effective July 29,
2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2016–0619. All
documents listed in the docket are listed
on the https://www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., 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
www.regulations.gov or in hard copy at
the EPA Region 6 Office, 1201 Elm
Street, Dallas, TX 75270.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Clovis Steib, EPA Region 6 Office,
Regional Haze & SO2 Section, 1201 Elm
Street, Suite 500, Dallas, TX 75270,
(214) 665–7566, steib.clovis@epa.gov.
To inspect the hard copy materials,
please schedule an appointment with
Mr. Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ means the EPA.
I. Background
In a notice of proposed rulemaking
(NPRM) published on March 28, 2019
(84 FR 11711), EPA proposed to approve
Oklahoma’s (the State’s) Regional Haze
Five Year Progress Report.1 On
September 28, 2016, Oklahoma
submitted its progress report in the form
of a SIP revision under 40 CFR 51.308,
which, among other things, detailed the
progress made in the first planning
period toward implementation of the
long-term strategy (LTS) outlined in the
State’s regional haze plan. The progress
report also included a summary of the
visibility improvement measured at the
Wichita Mountains Wilderness Area
(WMWA), the only Class I area within
Oklahoma, an assessment of whether
Class I areas outside of the State are
potentially impacted by emissions from
Oklahoma, and a determination of the
adequacy of the existing
implementation plan. The details of
Oklahoma’s submittal and the rationale
for EPA’s action are further explained in
the NPRM. EPA did not receive any
relevant adverse comments on the
proposed action. We received one
comment letter from the Texas
Commission on Environmental Quality
(TCEQ) that discussed issues outside the
scope of this particular rule making.2
II. Final Action
EPA is approving Oklahoma’s
regional haze five-year progress report
SIP revision, finding it meets the
applicable regional haze requirements
under the CAA and set forth in 40 CFR
51.308(g), (h) and (i). Because the SIP
1 Oklahoma’s submitted report can be found at
www.regulations.gov; Docket EPA–R06–OAR–2016–
0619–0002.
2 The TCEQ submitted a letter commenting on the
remanded 2016 Federal Implementation Plan (FIP)
for Texas regarding regional haze reasonable
progress, urging EPA to repeal the FIP in its
entirety; as well as act on and approve the State’s
own 2014 Regional Haze Five-Year Progress Report
and finalize any action resulting from the additional
comment period on the 2017 FIP for the State
regarding regional haze Best Available Retrofit
Technology (BART). This letter can be found at
www.regulations.gov; Docket EPA–R06–OAR–2016–
0619–0004. EPA is addressing regional haze
requirements for Texas in another action; see
Dockets EPA–R06–OAR–2014–0754 and EPA–R06–
OAR–2016–0611.
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Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Rules and Regulations
and Federal Implementation Plan (FIP) 3
will ensure the control of SO2 and NOX
emissions reductions relied upon by
Oklahoma and other states in setting
their reasonable progress goals, EPA
concurs with the State’s finding that
there is no need for revision of the
existing implementation plan to achieve
the reasonable progress goals for the
Class I areas in Oklahoma and in nearby
states impacted by Oklahoma sources.
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.
See 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 CAA. Accordingly, this action
approves a State’s determination that
their current regional haze plan is
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
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
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3 As discussed in the NPRM, EPA issued a FIP,
promulgating revised SO2 Best Available Retrofit
Technology (BART) emission limits on six-coalfired EGUs located at three facilities. (See 76 FR
81728 (December 28, 2011), codified at 40 CFR
52.1923) The FIP affects two units at each of two
facilities owned and operated by Oklahoma Gas and
Electric Company (OG&E): Muskogee Generating
Station in Muskogee County, and Sooner
Generating Station in Noble County. The FIP also
initially applied to two units at American Electric
Power/Public Service Company of Oklahoma’s
(AEP/PSO’s) Northeastern Power Station in Rogers
County, but those requirements have since been
removed from the FIP after EPA approval of a SIP
revision addressing these two units.
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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 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).
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
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30919
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 27, 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, Best Available
Retrofit Technology, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Regional haze, Sulfur
dioxide, Visibility, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 24, 2019.
David Gray,
Acting 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, under paragraph (e),
the first table titled ‘‘EPA-Approved
Nonregulatory Provisions and QuasiRegulatory Measures in the Oklahoma
SIP’’ is amended by adding an entry at
the end to read as follows:
■
§ 52.1920
*
Identification of plan.
*
*
(e) * * *
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*
*
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Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Rules and Regulations
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE OKLAHOMA SIP
Applicable geographic or nonattainment area
State submittal date
EPA approval date
*
Statewide ...............
*
Submitted 9/28/16 ..
*
*
6/28/19, [Insert Federal
Register citation].
Name of SIP provision
*
Oklahoma
Regional
Progress Report.
*
Haze
5-Year
[FR Doc. 2019–13738 Filed 6–27–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0625; FRL–9995–59–
Region 4]
Air Plan Approval; KY; Attainment Plan
for Jefferson County SO2
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions,
submitted under a cover letter dated
June 23, 2017, by the Commonwealth of
Kentucky, through the Kentucky
Division for Air Quality on behalf of the
Louisville Metro Air Pollution Control
District (LMAPCD or District or
Jefferson County) to EPA, for attaining
the 1-hour sulfur dioxide (SO2) primary
national ambient air quality standard
(NAAQS or standard) for the Jefferson
County SO2 nonattainment area
(hereafter referred to as the ‘‘Jefferson
County nonattainment area,’’
‘‘nonattainment area’’ or ‘‘Area’’). The
Jefferson County nonattainment area is
comprised of a portion of Jefferson
County in Kentucky surrounding the
Louisville Gas and Electric Mill Creek
Electric Generating Station (hereafter
referred to as ‘‘Mill Creek’’ or ‘‘LG&E’’).
This plan (hereafter called a
‘‘nonattainment plan’’ or ‘‘SIP’’ or
‘‘attainment SIP’’) includes Kentucky’s
attainment demonstration and other
elements required under the Clean Air
Act (CAA or Act). In addition to an
attainment demonstration, the plan
addresses the requirement for meeting
reasonable further progress (RFP)
toward attainment of the NAAQS,
reasonably available control measures
and reasonably available control
technology (RACM/RACT), base-year
and projection-year emissions
inventories, enforceable emissions
limitations and control measures,
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SUMMARY:
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nonattainment new source review
(NNSR) and contingency measures. EPA
concludes that Kentucky has
appropriately demonstrated that the
nonattainment plan provisions provide
for attainment of the 2010 1-hour
primary SO2 NAAQS in the Jefferson
County nonattainment area and that the
nonattainment plan meets the other
applicable requirements under the CAA.
DATES:
This rule is effective July 29,
2019.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0625. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., 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
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division
(formerly the Air, Pesticides and Toxics
Management Division), U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
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 Federal holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Richard Wong, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Wong can be reached via telephone
at (404) 562–8726 or via electronic mail
at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
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Explanation
*
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Incorporation by Reference
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background and Purpose
On June 22, 2010, EPA promulgated a
new 1-hour primary SO2 NAAQS of 75
parts per billion (ppb), which is met at
an ambient air quality monitoring site
when the 3-year average of the annual
99th percentile of daily maximum 1hour average concentrations does not
exceed 75 ppb, as determined in
accordance with appendix T of 40 CFR
part 50. See 75 FR 35520, codified at 40
CFR 50.17(a) and (b). On August 5,
2013, EPA designated a first set of 29
areas of the country as nonattainment
for the 2010 SO2 NAAQS, including the
Jefferson County nonattainment area
within the Commonwealth of Kentucky.
See 78 FR 47191, codified at 40 CFR
part 81, subpart C. These ‘‘round one’’
area designations were effective October
4, 2013. Section 191(a) of the CAA
directs states to submit SIPs for areas
designated as nonattainment for the SO2
NAAQS to EPA within 18 months of the
effective date of the designation, i.e., by
no later than April 4, 2015, in this case.
These SIPs are required to demonstrate
that their respective areas will attain the
NAAQS as expeditiously as practicable,
but no later than 5 years from the
effective date of designation, which is
October 4, 2018, in accordance with
CAA sections 191–192.
Section 172(c) of part D of the CAA
lists the required components of a
nonattainment plan submittal. The base
year emissions inventory (section
172(c)(3)) is required to show a
‘‘comprehensive, accurate, current
inventory’’ of all relevant pollutants in
the nonattainment area. The
nonattainment plan must identify and
quantify any expected emissions from
the construction of new sources to
account for emissions in the area that
might affect RFP toward attainment, or
that might interfere with attainment and
maintenance of the NAAQS, and it must
provide for a NNSR program (section
172(c)(5)). The attainment
demonstration must include a modeling
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]]>Agencies
[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Pages 30918-30920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13738]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2016-0619; FRL-9995-36-Region 6]
Air Plan Approval; Oklahoma; Regional Haze Five-Year Progress
Report
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 revision to a
State Implementation Plan (SIP) submitted by the Governor of Oklahoma
through the Oklahoma Department of Environmental Quality (ODEQ) on
September 28, 2016. The SIP revision addresses requirements of federal
regulations that direct the State to submit a periodic report
describing progress toward reasonable progress goals (RPGs) established
for regional haze and a determination of the adequacy of the existing
implementation plan.
DATES: This rule is effective July 29, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2016-0619. All documents listed in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information may not be publicly available, i.e.,
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 www.regulations.gov or in hard
copy at the EPA Region 6 Office, 1201 Elm Street, Dallas, TX 75270.
FOR FURTHER INFORMATION CONTACT: Clovis Steib, EPA Region 6 Office,
Regional Haze & SO2 Section, 1201 Elm Street, Suite 500,
Dallas, TX 75270, (214) 665-7566, [email protected]. To inspect the
hard copy materials, please schedule an appointment with Mr. Bill Deese
at 214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' means the EPA.
I. Background
In a notice of proposed rulemaking (NPRM) published on March 28,
2019 (84 FR 11711), EPA proposed to approve Oklahoma's (the State's)
Regional Haze Five Year Progress Report.\1\ On September 28, 2016,
Oklahoma submitted its progress report in the form of a SIP revision
under 40 CFR 51.308, which, among other things, detailed the progress
made in the first planning period toward implementation of the long-
term strategy (LTS) outlined in the State's regional haze plan. The
progress report also included a summary of the visibility improvement
measured at the Wichita Mountains Wilderness Area (WMWA), the only
Class I area within Oklahoma, an assessment of whether Class I areas
outside of the State are potentially impacted by emissions from
Oklahoma, and a determination of the adequacy of the existing
implementation plan. The details of Oklahoma's submittal and the
rationale for EPA's action are further explained in the NPRM. EPA did
not receive any relevant adverse comments on the proposed action. We
received one comment letter from the Texas Commission on Environmental
Quality (TCEQ) that discussed issues outside the scope of this
particular rule making.\2\
---------------------------------------------------------------------------
\1\ Oklahoma's submitted report can be found at
www.regulations.gov; Docket EPA-R06-OAR-2016-0619-0002.
\2\ The TCEQ submitted a letter commenting on the remanded 2016
Federal Implementation Plan (FIP) for Texas regarding regional haze
reasonable progress, urging EPA to repeal the FIP in its entirety;
as well as act on and approve the State's own 2014 Regional Haze
Five-Year Progress Report and finalize any action resulting from the
additional comment period on the 2017 FIP for the State regarding
regional haze Best Available Retrofit Technology (BART). This letter
can be found at www.regulations.gov; Docket EPA-R06-OAR-2016-0619-
0004. EPA is addressing regional haze requirements for Texas in
another action; see Dockets EPA-R06-OAR-2014-0754 and EPA-R06-OAR-
2016-0611.
---------------------------------------------------------------------------
II. Final Action
EPA is approving Oklahoma's regional haze five-year progress report
SIP revision, finding it meets the applicable regional haze
requirements under the CAA and set forth in 40 CFR 51.308(g), (h) and
(i). Because the SIP
[[Page 30919]]
and Federal Implementation Plan (FIP) \3\ will ensure the control of
SO2 and NOX emissions reductions relied upon by
Oklahoma and other states in setting their reasonable progress goals,
EPA concurs with the State's finding that there is no need for revision
of the existing implementation plan to achieve the reasonable progress
goals for the Class I areas in Oklahoma and in nearby states impacted
by Oklahoma sources.
---------------------------------------------------------------------------
\3\ As discussed in the NPRM, EPA issued a FIP, promulgating
revised SO2 Best Available Retrofit Technology (BART)
emission limits on six-coal-fired EGUs located at three facilities.
(See 76 FR 81728 (December 28, 2011), codified at 40 CFR 52.1923)
The FIP affects two units at each of two facilities owned and
operated by Oklahoma Gas and Electric Company (OG&E): Muskogee
Generating Station in Muskogee County, and Sooner Generating Station
in Noble County. The FIP also initially applied to two units at
American Electric Power/Public Service Company of Oklahoma's (AEP/
PSO's) Northeastern Power Station in Rogers County, but those
requirements have since been removed from the FIP after EPA approval
of a SIP revision addressing these two units.
---------------------------------------------------------------------------
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. See 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 CAA. Accordingly, this
action approves a State's determination that their current regional
haze plan is 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 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 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).
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 August 27, 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, Best Available
Retrofit Technology, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Regional haze, Sulfur dioxide, Visibility,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 24, 2019.
David Gray,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart LL--Oklahoma
0
2. In Sec. 52.1920, under paragraph (e), the first table titled ``EPA-
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the
Oklahoma SIP'' is amended by adding an entry at the end to read as
follows:
Sec. 52.1920 Identification of plan.
* * * * *
(e) * * *
[[Page 30920]]
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP
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Applicable
Name of SIP provision geographic or State submittal EPA approval date Explanation
nonattainment area date
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* * * * * * *
Oklahoma Regional Haze 5-Year Statewide........... Submitted 9/28/16.. 6/28/19, [Insert Federal Register
Progress Report. citation].
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[FR Doc. 2019-13738 Filed 6-27-19; 8:45 am]
BILLING CODE 6560-50-P
