Air Plan Approval; Oklahoma; Updates to the General SIP and New Source Review Permitting Requirements, 20178-20185 [2020-06160]
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Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules and Regulations
Dated: March 25, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
Subpart G—Colorado
2. Section 52.353 is amended by
adding paragraph (e) to read as follows:
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40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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(e) The Colorado Department of
Environmental Quality submitted
certification of Colorado’s infrastructure
SIP for the 2015 O3 NAAQS on
September 17, 2018. Colorado’s
infrastructure certification demonstrates
how the State, where applicable, has
plans in place that meet the
1. The authority citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Rule No.
State
effective
date
Rule title
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§ 52.353 Section 110(a)(2) infrastructure
requirements.
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EPA
effective
date
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requirements of section 110 for the 2015
O3 NAAQS. The State’s Infrastructure
SIP for 2015 O3 NAAQS is approved
with respect to CAA section 110(a)(1)
and (2).
Subpart JJ—North Dakota
3. In § 52.1820, the table in paragraph
(c) is amended by revising the entry
‘‘33.1–15–15–01.2’’ to read as follows:
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§ 52.1820
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Identification of plan.
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(c) * * *
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Final rule citation/date
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Comments
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33.1–15–15. Prevention of Significant Deterioration of Air Quality
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33.1–15–15–01.2 ............
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Scope .........
1/1/2019
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4. Section 52.1833 is amended by
adding paragraph (i) to read as follows:
§ 52.1833 Section 110(a)(2) infrastructure
requirements.
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(i) The North Dakota Department of
Environmental Quality submitted
certification of North Dakota’s
infrastructure SIP for the 2015 O3
NAAQS on November 6, 2018. North
Dakota’s infrastructure certification
demonstrates how the State, where
applicable, has plans in place that meet
the requirements of section 110 for (A),
(B), (C), (D)(i)(I) (Prongs 1 and 2),
(D)(i)(II) (Prong 3), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M). The EPA is
disapproving (D)(i)(II) (Prong 4).
[FR Doc. 2020–06685 Filed 4–9–20; 8:45 am]
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[insert Federal Register
citation], 4/10/2020.
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Originally approved as 33–15–15–01
on 10/21/2016, 81 FR 72718.
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This rule is effective on May 11,
ENVIRONMENTAL PROTECTION
AGENCY
DATES:
40 CFR Part 52
ADDRESSES:
[EPA–R06–OAR–2018–0208; FRL–10006–
28–Region 6]
Air Plan Approval; Oklahoma; Updates
to the General SIP and New Source
Review Permitting Requirements
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 identified portions of
revisions to the State Implementation
Plan (SIP) for Oklahoma submitted by
the State of Oklahoma designee by
letters dated May 16, 1994; July 26,
2010; January 8, 2018; May 16, 2018;
and December 19, 2018, and as clarified
by letter dated May 16, 2018. This
action addresses submitted revisions to
the Oklahoma SIP pertaining to the
incorporation by reference of federal
requirements, updates to the general SIP
provisions, and updates to the New
Source Review (NSR) permit programs
to address public notice and modeling
requirements, including certain
statutory provisions.
SUMMARY:
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2020.
The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2018–0208. 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 Office, 1201
Elm Street, Suite 500, Dallas, Texas
75270.
FOR FURTHER INFORMATION CONTACT:
Adina Wiley, EPA Region 6 Office, Air
Permits Section, 1201 Elm Street, Suite
500, Dallas, TX 75270, 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,’’
and ‘‘our’’ means the EPA.
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I. Background
The background for this action is
discussed in detail in our December 3,
2019 proposal (84 FR 66103). In that
document we proposed to approve
revisions to the Oklahoma SIP
submitted on May 16, 1994; July 26,
2010; January 8, 2018; May 16, 2018;
and December 19, 2018, and as clarified
by letter dated May 16, 2018. The
revisions include the incorporation by
reference dates for federal requirements
and updates to the NSR Prevention of
Significant Deterioration (PSD) and
Nonattainment NSR permitting
programs to maintain consistency with
federal requirements. Our proposal
included an analysis of these provisions
and made a preliminary determination
that the revisions were developed in
accordance with the CAA and EPA’s
regulations, policy, and guidance for SIP
development and NSR permitting.
We received one relevant comment on
our proposed approval; the comment
and our response are presented below.
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II. Response to Comments
Comment: The commenter stated that
the EPA needs to be clearer when it is
approving regulations into the SIP,
especially when acting on multiple SIP
submittals at once. As an example, the
commenter noted that the EPA appears
to be trying to approve the January 8,
2018, and December 19, 2018 versions
of Oklahoma Administrative Code
(OAC) 252:100, Subchapter 2 and
Appendix Q, both of which incorporate
by reference federal rules as of a date
certain. The commenter maintained that
the EPA cannot approve both versions
simultaneously, because the SIP can
only incorporate by reference one
version of the federal rules at a time.
The commenter asserted that the EPA
must find all instances of overlapping
rules in all the SIP submissions and
only approve one. Once the EPA
decides which of the overlapping rules
should be approved (i.e., which
submission is more recent), the
commenter stated that the EPA must
then disapprove the older versions of
the rule as moot. The commenter
concluded that the EPA approval of
multiple overlapping SIPs would simply
confuse the public.
Response: We agree with the
commenter that action on multiple SIP
submittals in a single rulemaking can
present unique challenges; however, we
present the following discussion in
order to clarify our action and ensure
the commenter, as well as the public,
that we are approving only one version
of each State regulation addressed by
this action, as identified in the
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amendatory language included below.
The Technical Support Document (TSD)
associated with this rulemaking
identifies each time the State regulatory
section has been revised and submitted
by Oklahoma as a proposed SIP
revision. For each submission, our TSD
provides a line-by-line evaluation of
whether the submitted revision is
approvable under federal requirements.
Where a section has been revised
multiple times, our TSD will show these
multiple submissions side-by-side with
a corresponding evaluation as to the
approvability of the revisions. The
amendatory language included in this
final rule revises the Oklahoma SIP at
40 CFR 52.1920 based on the analysis
presented in our TSD and the December
3, 2019 proposal. For example, the table
at 40 CFR 52.1920(c) titled ‘‘EPA
Approved Oklahoma Regulations’’
identifies each component of the
Oklahoma SIP by the state citation,
name of the section, state effective date,
date and citation of EPA’s final
approval, and any comments pertinent
to that section. Finally, the commenter
is incorrect in stating that the EPA must
disapprove older versions of the
submitted rules as moot. As
demonstrated in the TSD, the sequential
Oklahoma regulations build on the
earlier revisions. To disapprove older
submittals as moot would be contrary to
the State’s intended rulemaking. No
changes have been made as a result of
this comment.
III. Final Action
We are approving the following as
revisions to the Oklahoma SIP:
• Removal of Regulation 3.8, adopted
on March 30, 1994, submitted May 16,
1994;
• New OAC 252:100–8–36.1, Public
Participation, adopted on April 28,
2006, effective on June 15, 2006,
submitted July 16, 2010;
• Submitted on January 8, 2018:
Æ Revisions to OAC 252:100–1–3,
Definitions, adopted on June 13, 2017
and effective September 15, 2017;
Æ Revisions to OAC 252:100–2–3 and
Appendix Q for Incorporation by
Reference, adopted on June 13, 2017
and effective September 15, 2017;
Æ Revisions to OAC 252:100–8–31,
Definitions, adopted on June 13, 2017
and effective September 15, 2017;
Æ Revisions to OAC 252:100–8–33,
Exemptions, adopted on June 13, 2017
and effective September 15, 2017;
Æ Revisions to OAC 252:100–8–35,
Air quality impact evaluation, adopted
on June 13, 2017 and effective
September 15, 2017; and
Æ Revisions to OAC 252:100–8–51.1,
Emissions reductions and offsets,
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adopted on June 13, 2017 and effective
September 15, 2017.
• Submitted on May 16, 2018:
Æ Revisions to OAC 252:4–1–2,
Definitions, adopted on June 9, 2016,
effective September 15, 2016;
Æ Revisions to OAC 252:4–1–3,
Organization, adopted on April 25,
2013, effective July 1, 2013, and
revisions adopted on June 9, 2016,
effective September 15, 2016;
Æ Revisions to OAC 252:4–1–5,
Availability of a record, adopted on May
6, 2005, effective June 15, 2005, and
revisions adopted on April 25, 2013,
effective July 1, 2013;
Æ Revisions to OAC 252:4–1–6,
Administrative fees, adopted on May 6,
2005, effective June 15, 2005;
Æ Revisions to OAC 252:4–3–1,
Meetings, adopted on March 27, 2007,
effective June 15, 2007;
Æ Revisions to OAC 252:4–7–5, Fees
and fee refunds, adopted on June 13,
2017, effective September 15, 2017;
Æ Revisions to OAC 252:4–7–13,
Notices, adopted on March 25, 2003,
effective June 1, 2003, except for OAC
252:4–7–13(g)(4); and revisions adopted
June 13, 2017, effective September 15,
2017;
Æ Revisions to OAC 252:4–7–15,
Permit issuance or denial, adopted on
May 28, 2002, effective June 1, 2002,
and revisions adopted April 25, 2013,
effective July 1, 2013;
Æ Revisions to OAC 252:4–7–18, Preissuance permit review and correction,
adopted April 25, 2013, effective July 1,
2013;
Æ New OAC 252:4–7–20, Agency
review of final permit decision, adopted
April 25, 2013, effective July 1, 2013;
Æ Revisions to OAC 252:4–7–32, Air
quality applications—Tier I, adopted
March 25, 2003, effective June 1, 2003;
Æ Revisions to OAC 252:4–7–33, Air
quality applications—Tier II, adopted
March 25, 2003, effective June 1, 2003,
except for OAC 252:4–7–33(c)(4);
Æ Revisions to OAC 252:4–9–32,
Individual proceedings filed by others,
as adopted on May 1, 2009, effective
July 1, 2009 and revisions adopted April
25, 2013, effective July 1, 2013;
Æ Revisions to OAC 252:4–9–51, In
general, adopted on March 24, 2004,
effective June 1, 2004;
Æ Revisions to OAC 252:4–9–52,
Individual proceedings, adopted on
March 24, 2004, effective June 1, 2004;
Æ New OAC 252:4–17, Electronic
Reporting, sections OAC 252:4–17–1—
OAC 252:4–17–7, adopted April 27,
2007, effective June 15, 2017;
Æ Revisions to OAC 252:4–17–2,
Definitions, adopted June 9, 2016,
effective September 15, 2016;
Æ Revisions to OAC 252:4–17–4,
Electronic signature agreement, adopted
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June 9, 2016, effective September 15,
2016;
Æ Letter to Ms. Anne Idsal, Regional
Administrator, EPA Region 6, dated
May 16, 2018 regarding ‘‘Clarification of
PSD Public Participation Procedures
under 2017 Revisions to the Oklahoma
State Implementation Plan (SIP)’’;
Æ Definitions of ‘‘Process Meeting’’
and ‘‘Response to Comments’’ at 27A
Oklahoma Statutes (O.S.) 2–14–103
added July 1, 1994, and last modified
and effective November 1, 2015;
Æ The provisions for notification to
an affected state at 27A O.S. 2–5–112(E)
added May 15, 1992, and last modified
and effective June 3, 2004;
Æ 27A O.S. 2–14–301, 2–14–302, and
2–14–303 added and in effect July 1,
1996;
Æ 27A O.S. 2–14–304 added July 1,
1996, and last modified and effective
May 9, 2002;
Æ Definition of ‘‘Record’’ at 51 O.S.
24A.3, added November 1, 1985, and
last modified and effective November 1,
2014;
Æ The requirement to maintain, and
the description of the contents of the
rulemaking record at 75 O.S. 302(B)
promulgated in 1963 and last modified
and effective November 1, 1998;
Æ The process for adoption,
amendment or revocation of a rule at 75
O.S. 303 promulgated in 1963 and last
modified and affective November 1,
2013; and
Æ Definition of ‘‘Meeting’’ at 25 O.S.
304(2) added October 1, 1977, and last
modified and effective in 2010.
• Submitted December 19, 2018:
Æ Revisions to OAC 252:100–2–3 and
Appendix Q adopted on June 18, 2018
and effective September 15, 2018; and
Æ Revisions to OAC 252:100–8–35,
Air quality impact evaluation, adopted
on June 18, 2018 and effective
September 15, 2018.
The EPA finds that the provisions in
OAC 252:4–1–1, 4–1–2, 4–1–3, 4–1–4,
4–1–5, 4–1–6, 4–1–7, 4–1–8, and 4–1–9,
and OAC 252:100–5–1, 5–1.1 and 5–2.2
are applicable to the entirety of the
Oklahoma SIP and the amendatory
language table at 40 CFR 52.1920(c) is
modified to reflect this finding.
Additionally, the EPA is removing the
disapprovals listed in 40 CFR
52.1922(b)(2), (b)(3), (b)(4), and (c),
because the state has submitted
appropriate revisions to the SIP to
correct the disapprovals.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
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incorporation by reference the revisions
to the Oklahoma regulations as
described in the Final Action section
above. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 6 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the SIP, have been incorporated by
reference by the EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.
V. Statutory and Executive Order
Reviews
Under the Clean Air 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, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. 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:
• 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, 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
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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 the 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 the 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 June 9, 2020.
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 CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
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Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
a. In paragraph (c), amend the table
titled ‘‘EPA Approved Oklahoma
Regulations’’ by:
■ i. Removing the entries for Regulation
‘‘3.8’’, ‘‘3.8(a)’’, ‘‘3.8(b)’’, and ‘‘3.8(c)’’;
■ ii. Adding entries for ‘‘52:4–7–20’’,
‘‘252:4–17–1’’, ‘‘252:4–17–2’’, ‘‘252:4–
17–3’’, ‘‘252:4–17–4’’, ‘‘252:4–17–5’’,
‘‘252:4–17–6’’, ‘‘252:4–17–7’’, ‘‘252:100–
8–36.1’’; and
■ iii. Revising the entries for ‘‘252:4–1–
1’’; ‘‘252:4–1–2’’; ‘‘252:4–1–3’’; ‘‘252:4–
1–4’’; ‘‘252:4–1–5’’; ‘‘252:4–1–6’’;
‘‘252:4–1–7’’; ‘‘252:4–1–8’’; ‘‘252:4–1–
9’’; ‘‘252:4–3–1’’; ‘‘252:4–7–5’’; ‘‘252:4–
7–13’’; ‘‘252–4–7–15’’; ‘‘252:4–7–18’’;
‘‘252:4–7–32’’; ‘‘252:4–7–33’’; ‘‘252:4–9–
32’’; ‘‘252:4–9–51’’; ‘‘252:4–9–52’’;
‘‘252:100–1–3’’; ‘‘252:100–2–3’’;
‘‘252:100–5–1’’; ‘‘252:100–5–1.1’’;
‘‘252:100–5–2.2’’; ‘‘252:100–8–31’’;
‘‘252:100–8–33’’; ‘‘252:100–8–35’’;
‘‘252:100–8–51.1’’; and ‘‘252:100,
Appendix Q’’.
■ b. In paragraph (e),
■
Dated: March 19, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 52 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:
i. Amend the table titled ‘‘EPAApproved Nonregulatory Provisions and
Quasi-Regulatory Measures in the
Oklahoma SIP’’ by adding an entry for:
‘‘Letter to Ms. Anne Idsal, Regional
Administrator, EPA Region 6, dated
May 16, 2018 regarding ‘‘Clarification of
PSD Public Participation Procedures
under 2017 Revisions to the Oklahoma
State Implementation Plan’’.’’
■ ii. Amend the second table titled
‘‘EPA Approved Statutes in the
Oklahoma SIP’’ by adding entries for
‘‘25 O.S. 304(2)’’, ‘‘27A O.S. 2–5–
112(E)’’, ‘‘2–14–103, O.S. 2–14–301’’,
‘‘2–14–302’’, ‘‘2–14–303’’, ‘‘2–14–304’’;
‘‘51 O.S. 24A.3’’, ‘‘75 O.S. 302(B)’’, and
‘‘75 O.S. 303’’.
The additions and revisions read as
follows:
■
§ 52.1920
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Identification of plan.
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(c) * * *
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EPA APPROVED OKLAHOMA REGULATIONS
State citation
State effective
date
Title/subject
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EPA approval date
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Explanation
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OKLAHOMA ADMINISTRATIVE CODE, TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 4 (OAC 252:4). Rules of Practice and Procedure
Subchapter 1. General Provisions
252:4–1–1 ..........................
Purpose and authority ......
6/11/2001
252:4–1–2 ..........................
Definitions .........................
9/15/2016
252:4–1–3 ..........................
Organization .....................
9/15/2016
252:4–1–4 ..........................
6/11/2001
252:4–1–5 ..........................
Office location and hours;
communications.
Availability of a record ......
252:4–1–6 ..........................
Administrative fees ...........
6/15/2005
252:4–1–7 ..........................
6/11/2001
252:4–1–8 ..........................
Fee credits for regulatory
fees.
Board and councils ...........
252:4–1–9 ..........................
Severability .......................
6/11/2001
7/1/2013
6/11/2001
4/10/2020, [Insert Federal
Register citation].
4/10/2020, [Insert Federal
Register citation].
4/10/2020, [Insert Federal
Register citation].
4/10/2020, [Insert Federal
Register citation].
4/10/2020, [Insert Federal
Register citation].
4/10/2020, [Insert Federal
Register citation].
4/10/2020, [Insert Federal
Register citation].
4/10/2020, [Insert Federal
Register citation].
4/10/2020, [Insert Federal
Register citation].
Subchapter 3. Meetings and Public Forums
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252:4–3–1 ..........................
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Meetings ...........................
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6/15/2007
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4/10/2020, [Insert Federal
Register citation].
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Subchapter 7. Environmental Permit Process
Part 1. The Process
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EPA APPROVED OKLAHOMA REGULATIONS—Continued
State effective
date
State citation
Title/subject
EPA approval date
Explanation
*
252:4–7–5 ..........................
*
*
Fees and fee refunds .......
*
9/15/2017
*
4/10/2020, [Insert Federal
Register citation].
*
*
Applicable to minor NSR permitting
under OAC 252:100–7 and major
NSR permitting under OAC 252:100–
8.
*
252:4–7–13 ........................
*
*
Notices ..............................
*
9/15/2017
*
4/10/2020, [Insert Federal
Register citation].
*
*
The SIP does NOT include (e), (f), or
(g)(4). Applicable to minor NSR permitting under OAC 252:100–7 and
major NSR permitting under OAC
252:100–8.
*
252:4–7–15 ........................
*
*
Permit issuance or denial
*
7/1/2013
*
4/10/2020, [Insert Federal
Register citation].
*
*
Applicable to minor NSR permitting
under OAC 252:100–7 and major
NSR permitting under OAC 252:100–
8.
*
252:4–7–18 ........................
*
*
Pre-issuance permit review and correction.
*
7/1/2013
*
4/10/2020, [Insert Federal
Register citation].
*
*
Applicable to minor NSR permitting
under OAC 252:100–7 and major
NSR permitting under OAC 252:100–
8.
*
252:4–7–20 ........................
*
*
Agency review of final permit decision.
*
7/1/2013
*
4/10/2020, [Insert Federal
Register citation].
*
*
*
*
*
*
*
*
*
Part 3. Air Quality Division Tiers and Time Lines
*
252:4–7–32 ........................
*
*
Air quality applications—
Tier I.
*
6/1/2003
*
4/10/2020, [Insert Federal
Register citation].
252:4–7–33 ........................
Air quality applications—
Tier II.
6/1/2003
4/10/2020, [Insert Federal
Register citation].
*
*
*
*
*
*
Applicable to minor NSR permitting
under OAC 252:100–7.
The SIP does NOT include (a), (b), or
(c)(1).
The SIP does NOT include (c)(4).
*
*
*
*
*
*
*
*
*
*
*
Subchapter 9. Administrative Proceedings
*
*
*
*
*
Part 3. Individual Proceedings
*
252:4–9–32 ........................
*
*
*
Individual proceedings
filed by others.
*
*
7/1/2013
*
*
4/10/2020, [Insert Federal
Register citation].
*
*
lotter on DSKBCFDHB2PROD with RULES
Part 5. Air Quality Advisory Council Hearings
252:4–9–51 ........................
In general .........................
6/1/2004
252:4–9–52 ........................
Individual proceedings ......
6/1/2004
*
*
*
4/10/2020, [Insert Federal
Register citation].
4/10/2020, [Insert Federal
Register citation].
*
*
Subchapter 17. Electronic Reporting
252:4–17–1 ........................
VerDate Sep<11>2014
Purpose, authority and applicability.
16:16 Apr 09, 2020
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6/15/2007
Fmt 4700
4/10/2020, [Insert Federal
Register citation].
Sfmt 4700
E:\FR\FM\10APR1.SGM
10APR1
20183
Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules and Regulations
EPA APPROVED OKLAHOMA REGULATIONS—Continued
State effective
date
State citation
Title/subject
252:4–17–2 ........................
Definitions .........................
9/15/2016
252:4–17–3 ........................
Use of electronic document receiving system.
Electronic signature
agreement.
Valid electronic signature
6/15/2007
Effect of electronic signature.
Enforcement .....................
6/15/2007
252:4–17–4 ........................
252:4–17–5 ........................
252:4–17–6 ........................
252:4–17–7 ........................
*
*
9/15/2016
6/15/2007
6/15/2007
*
EPA approval date
Explanation
4/10/2020, [Insert Federal
Register citation].
4/10/2020, [Insert Federal
Register citation].
4/10/2020, [Insert Federal
Register citation].
4/10/2020, [Insert Federal
Register citation].
4/10/2020, [Insert Federal
Register citation].
4/10/2020, [Insert Federal
Register citation].
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Chapter 100 (OAC 252:100). Air Pollution Control
Subchapter 1. General Provisions
*
252:100–1–3 ......................
*
*
*
Definitions .........................
*
*
9/15/2017
*
*
4/10/2020, [Insert Federal
Register citation].
*
*
Subchapter 2. Incorporation by Reference
*
252:100–2–3 ......................
*
*
*
Incorporation by reference
*
*
9/15/2018
*
*
4/10/2020, [Insert Federal
Register citation].
*
*
Subchapter 5. Registration, Emission Inventory and Annual Operating Fees
252:100–5–1 ......................
Purpose ............................
6/11/2001
252:100–5–1.1 ...................
Definitions .........................
6/15/2007
*
252:100–5–2.2 ...................
*
*
Annual operating fees ......
*
6/11/2001
*
*
*
4/10/2020, [Insert Federal
Register citation].
4/10/2020, [Insert Federal
Register citation].
*
4/10/2020, [Insert Federal
Register citation].
*
*
Subchapter 8. Permits for Part 70 Sources
*
*
*
*
*
lotter on DSKBCFDHB2PROD with RULES
Part 7. Prevention of Significant Deterioration (PSD) Requirements for Attainment Areas
*
252:100–8–31 ....................
*
*
Definitions .........................
*
9/15/2017
*
4/10/2020, [Insert Federal
Register citation].
*
*
*
252:100–8–33 ....................
*
*
Exemptions .......................
*
9/15/2017
*
4/10/2020, [Insert Federal
Register citation].
*
*
*
252:100–8–35 ....................
*
*
Air quality impact evaluation.
*
9/15/2018
*
4/10/2020, [Insert Federal
Register citation].
*
*
*
252:100–8–36.1 .................
*
*
Public participation ...........
*
6/15/2006
*
4/10/2020, [Insert Federal
Register citation].
*
*
VerDate Sep<11>2014
16:16 Apr 09, 2020
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E:\FR\FM\10APR1.SGM
10APR1
20184
Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules and Regulations
EPA APPROVED OKLAHOMA REGULATIONS—Continued
State citation
State effective
date
Title/subject
*
*
*
EPA approval date
*
Explanation
*
*
*
*
*
*
*
Part 9. Major Sources Affecting Nonattainment Areas
*
252:100–8–51.1 .................
*
*
*
Emission reductions and
offsets.
*
*
9/15/2017
*
*
4/10/2020, [Insert Federal
Register citation].
*
*
Appendices for OAC 252: Chapter 100
*
252:100, Appendix Q ........
*
*
*
*
*
Incorporation by reference
*
*
*
*
9/15/2018
*
*
*
4/10/2020, [Insert Federal
Register citation].
*
(e) *
*
*
*
SIP only includes specified portions of
40 CFR parts 50, 51, and 98, as referenced in 252:100, Appendix Q.
*
*
*
*
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE OKLAHOMA SIP
Applicable geographic or nonattainment area
Name of SIP provision
*
*
Letter to Ms. Anne Idsal, Regional
Administrator, EPA Region 6,
dated May 16, 2018 regarding
‘‘Clarification of PSD Public Participation Procedures under
2017 Revisions to the Oklahoma State Implementation
Plan’’.
*
*
*
*
*
Statewide ......................................
*
*
*
State
submittal date
*
05/16/2018
*
EPA
approval date
Explanation
*
*
4/10/2020, [Insert Federal Register citation].
*
*
*
*
*
EPA APPROVED STATUTES IN THE OKLAHOMA SIP
Title/subject
25 O.S. 304(2) ......
Oklahoma Open Meetings Act ....
8/27/2010
27A O.S. 2–5–
112(E).
Oklahoma Clean Air Act; Implementation of Comprehensive
Permitting Program.
Uniform Environmental Permitting
Act; Definitions.
6/3/2004
27A O.S. 2–14–103
27A O.S. 2–14–301
27A O.S. 2–14–302
lotter on DSKBCFDHB2PROD with RULES
State effective
date
State citation
27A O.S. 2–14–303
27A O.S. 2–14–304
VerDate Sep<11>2014
Uniform Environmental Permitting
Act; Notice.
Uniform Environmental Permitting
Act; Preparation of Draft Denial
or Permit.
Uniform Environmental Permitting
Act; Formal Public Meeting.
Uniform Environmental Permitting
Act; Draft Permits or Denials
for Tier Applications.
17:35 Apr 09, 2020
Jkt 250001
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Frm 00034
EPA approval date
Explanation
4/10/2020, [Insert Federal Register citation].
4/10/2020, [Insert Federal Register citation].
SIP only includes the definition of
‘‘Meeting’’.
SIP only includes the provisions
for notification to an affected
state.
SIP only includes definitions of
‘‘Process Meeting’’ and ‘‘Response to Comments’’.
11/1/2015
4/10/2020, [Insert Federal Register citation].
7/1/1996
4/10/2020, [Insert Federal Register citation].
4/10/2020, [Insert Federal Register citation].
7/1/1996
7/1/1996
5/9/2002
Fmt 4700
4/10/2020, [Insert Federal Register citation].
4/10/2020, [Insert Federal Register citation].
Sfmt 4700
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10APR1
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Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules and Regulations
EPA APPROVED STATUTES IN THE OKLAHOMA SIP—Continued
Title/subject
51 O.S. 24A.3 .......
Oklahoma Open Records Act;
Definitions.
Administrative Procedures Act;
Promulgation of certain rules—
Public inspection of rules, orders, decision and opinions—
Rulemaking record—Prohibited
actions—Violations.
Administrative Procedures Act;
Adoption, amendment or revocation of rule.
75 O.S. 302(B) ......
75 O.S. 303 ...........
*
*
*
*
*
*
3. In § 52.1922 revise paragraph (b)
and remove paragraph (c).
The revision reads as follows:
■
§ 52.1922
Approval status.
*
*
*
*
*
(b) The EPA is disapproving the
following severable portions of the
February 6, 2012, Oklahoma SIP
submittal:
(1) Revisions establishing Minor New
Source Review Greenhouse Gas (GHG)
permitting requirements at OAC
252:100–7–2.1 as submitted on February
6, 2012.
(2) [Reserved].
*
*
*
*
*
[FR Doc. 2020–06160 Filed 4–9–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2019–0266; FRL–10005–93]
Autographa Californica Multiple
Nucleopolyhedrovirus Strain R3;
Exemption From the Requirement of a
Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of Autographa
californica multiple
nucleopolyhedrovirus strain R3 in or on
all food commodities when used in
accordance with label directions and
good agricultural practices. AgBiTech
Pty Ltd. submitted a petition to EPA
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a
tolerance. This regulation eliminates the
SUMMARY:
VerDate Sep<11>2014
16:16 Apr 09, 2020
11/1/2014
11/1/1998
11/1/2013
*
*
lotter on DSKBCFDHB2PROD with RULES
State effective
date
State citation
Jkt 250001
EPA approval date
Explanation
4/10/2020, [Insert Federal Register citation].
4/10/2020, [Insert Federal Register citation].
SIP only includes the definition of
‘‘Record’’.
SIP only includes the requirement to maintain, and the description of the contents of the
rulemaking record.
4/10/2020, [Insert Federal Register citation].
SIP only includes the process for
adoption, amendment or revocation of a rule.
*
*
need to establish a maximum
permissible level for residues of
Autographa californica multiple
nucleopolyhedrovirus strain R3 in or on
all food commodities under FFDCA.
DATES: This regulation is effective April
10, 2020. Objections and requests for
hearings must be received on or before
June 9, 2020 and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0266, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Robert McNally, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
BPPDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
*
*
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Publishing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2019–0266 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before June
9, 2020. Addresses for mail and hand
delivery of objections and hearing
requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
E:\FR\FM\10APR1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Rules and Regulations]
[Pages 20178-20185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06160]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2018-0208; FRL-10006-28-Region 6]
Air Plan Approval; Oklahoma; Updates to the General SIP and New
Source Review Permitting Requirements
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 identified portions
of revisions to the State Implementation Plan (SIP) for Oklahoma
submitted by the State of Oklahoma designee by letters dated May 16,
1994; July 26, 2010; January 8, 2018; May 16, 2018; and December 19,
2018, and as clarified by letter dated May 16, 2018. This action
addresses submitted revisions to the Oklahoma SIP pertaining to the
incorporation by reference of federal requirements, updates to the
general SIP provisions, and updates to the New Source Review (NSR)
permit programs to address public notice and modeling requirements,
including certain statutory provisions.
DATES: This rule is effective on May 11, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2018-0208. 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 Office, 1201 Elm Street, Suite 500,
Dallas, Texas 75270.
FOR FURTHER INFORMATION CONTACT: Adina Wiley, EPA Region 6 Office, Air
Permits Section, 1201 Elm Street, Suite 500, Dallas, TX 75270, 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,'' and
``our'' means the EPA.
[[Page 20179]]
I. Background
The background for this action is discussed in detail in our
December 3, 2019 proposal (84 FR 66103). In that document we proposed
to approve revisions to the Oklahoma SIP submitted on May 16, 1994;
July 26, 2010; January 8, 2018; May 16, 2018; and December 19, 2018,
and as clarified by letter dated May 16, 2018. The revisions include
the incorporation by reference dates for federal requirements and
updates to the NSR Prevention of Significant Deterioration (PSD) and
Nonattainment NSR permitting programs to maintain consistency with
federal requirements. Our proposal included an analysis of these
provisions and made a preliminary determination that the revisions were
developed in accordance with the CAA and EPA's regulations, policy, and
guidance for SIP development and NSR permitting.
We received one relevant comment on our proposed approval; the
comment and our response are presented below.
II. Response to Comments
Comment: The commenter stated that the EPA needs to be clearer when
it is approving regulations into the SIP, especially when acting on
multiple SIP submittals at once. As an example, the commenter noted
that the EPA appears to be trying to approve the January 8, 2018, and
December 19, 2018 versions of Oklahoma Administrative Code (OAC)
252:100, Subchapter 2 and Appendix Q, both of which incorporate by
reference federal rules as of a date certain. The commenter maintained
that the EPA cannot approve both versions simultaneously, because the
SIP can only incorporate by reference one version of the federal rules
at a time. The commenter asserted that the EPA must find all instances
of overlapping rules in all the SIP submissions and only approve one.
Once the EPA decides which of the overlapping rules should be approved
(i.e., which submission is more recent), the commenter stated that the
EPA must then disapprove the older versions of the rule as moot. The
commenter concluded that the EPA approval of multiple overlapping SIPs
would simply confuse the public.
Response: We agree with the commenter that action on multiple SIP
submittals in a single rulemaking can present unique challenges;
however, we present the following discussion in order to clarify our
action and ensure the commenter, as well as the public, that we are
approving only one version of each State regulation addressed by this
action, as identified in the amendatory language included below. The
Technical Support Document (TSD) associated with this rulemaking
identifies each time the State regulatory section has been revised and
submitted by Oklahoma as a proposed SIP revision. For each submission,
our TSD provides a line-by-line evaluation of whether the submitted
revision is approvable under federal requirements. Where a section has
been revised multiple times, our TSD will show these multiple
submissions side-by-side with a corresponding evaluation as to the
approvability of the revisions. The amendatory language included in
this final rule revises the Oklahoma SIP at 40 CFR 52.1920 based on the
analysis presented in our TSD and the December 3, 2019 proposal. For
example, the table at 40 CFR 52.1920(c) titled ``EPA Approved Oklahoma
Regulations'' identifies each component of the Oklahoma SIP by the
state citation, name of the section, state effective date, date and
citation of EPA's final approval, and any comments pertinent to that
section. Finally, the commenter is incorrect in stating that the EPA
must disapprove older versions of the submitted rules as moot. As
demonstrated in the TSD, the sequential Oklahoma regulations build on
the earlier revisions. To disapprove older submittals as moot would be
contrary to the State's intended rulemaking. No changes have been made
as a result of this comment.
III. Final Action
We are approving the following as revisions to the Oklahoma SIP:
Removal of Regulation 3.8, adopted on March 30, 1994,
submitted May 16, 1994;
New OAC 252:100-8-36.1, Public Participation, adopted on
April 28, 2006, effective on June 15, 2006, submitted July 16, 2010;
Submitted on January 8, 2018:
[cir] Revisions to OAC 252:100-1-3, Definitions, adopted on June
13, 2017 and effective September 15, 2017;
[cir] Revisions to OAC 252:100-2-3 and Appendix Q for Incorporation
by Reference, adopted on June 13, 2017 and effective September 15,
2017;
[cir] Revisions to OAC 252:100-8-31, Definitions, adopted on June
13, 2017 and effective September 15, 2017;
[cir] Revisions to OAC 252:100-8-33, Exemptions, adopted on June
13, 2017 and effective September 15, 2017;
[cir] Revisions to OAC 252:100-8-35, Air quality impact evaluation,
adopted on June 13, 2017 and effective September 15, 2017; and
[cir] Revisions to OAC 252:100-8-51.1, Emissions reductions and
offsets, adopted on June 13, 2017 and effective September 15, 2017.
Submitted on May 16, 2018:
[cir] Revisions to OAC 252:4-1-2, Definitions, adopted on June 9,
2016, effective September 15, 2016;
[cir] Revisions to OAC 252:4-1-3, Organization, adopted on April
25, 2013, effective July 1, 2013, and revisions adopted on June 9,
2016, effective September 15, 2016;
[cir] Revisions to OAC 252:4-1-5, Availability of a record, adopted
on May 6, 2005, effective June 15, 2005, and revisions adopted on April
25, 2013, effective July 1, 2013;
[cir] Revisions to OAC 252:4-1-6, Administrative fees, adopted on
May 6, 2005, effective June 15, 2005;
[cir] Revisions to OAC 252:4-3-1, Meetings, adopted on March 27,
2007, effective June 15, 2007;
[cir] Revisions to OAC 252:4-7-5, Fees and fee refunds, adopted on
June 13, 2017, effective September 15, 2017;
[cir] Revisions to OAC 252:4-7-13, Notices, adopted on March 25,
2003, effective June 1, 2003, except for OAC 252:4-7-13(g)(4); and
revisions adopted June 13, 2017, effective September 15, 2017;
[cir] Revisions to OAC 252:4-7-15, Permit issuance or denial,
adopted on May 28, 2002, effective June 1, 2002, and revisions adopted
April 25, 2013, effective July 1, 2013;
[cir] Revisions to OAC 252:4-7-18, Pre-issuance permit review and
correction, adopted April 25, 2013, effective July 1, 2013;
[cir] New OAC 252:4-7-20, Agency review of final permit decision,
adopted April 25, 2013, effective July 1, 2013;
[cir] Revisions to OAC 252:4-7-32, Air quality applications--Tier
I, adopted March 25, 2003, effective June 1, 2003;
[cir] Revisions to OAC 252:4-7-33, Air quality applications--Tier
II, adopted March 25, 2003, effective June 1, 2003, except for OAC
252:4-7-33(c)(4);
[cir] Revisions to OAC 252:4-9-32, Individual proceedings filed by
others, as adopted on May 1, 2009, effective July 1, 2009 and revisions
adopted April 25, 2013, effective July 1, 2013;
[cir] Revisions to OAC 252:4-9-51, In general, adopted on March 24,
2004, effective June 1, 2004;
[cir] Revisions to OAC 252:4-9-52, Individual proceedings, adopted
on March 24, 2004, effective June 1, 2004;
[cir] New OAC 252:4-17, Electronic Reporting, sections OAC 252:4-
17-1--OAC 252:4-17-7, adopted April 27, 2007, effective June 15, 2017;
[cir] Revisions to OAC 252:4-17-2, Definitions, adopted June 9,
2016, effective September 15, 2016;
[cir] Revisions to OAC 252:4-17-4, Electronic signature agreement,
adopted
[[Page 20180]]
June 9, 2016, effective September 15, 2016;
[cir] Letter to Ms. Anne Idsal, Regional Administrator, EPA Region
6, dated May 16, 2018 regarding ``Clarification of PSD Public
Participation Procedures under 2017 Revisions to the Oklahoma State
Implementation Plan (SIP)'';
[cir] Definitions of ``Process Meeting'' and ``Response to
Comments'' at 27A Oklahoma Statutes (O.S.) 2-14-103 added July 1, 1994,
and last modified and effective November 1, 2015;
[cir] The provisions for notification to an affected state at 27A
O.S. 2-5-112(E) added May 15, 1992, and last modified and effective
June 3, 2004;
[cir] 27A O.S. 2-14-301, 2-14-302, and 2-14-303 added and in effect
July 1, 1996;
[cir] 27A O.S. 2-14-304 added July 1, 1996, and last modified and
effective May 9, 2002;
[cir] Definition of ``Record'' at 51 O.S. 24A.3, added November 1,
1985, and last modified and effective November 1, 2014;
[cir] The requirement to maintain, and the description of the
contents of the rulemaking record at 75 O.S. 302(B) promulgated in 1963
and last modified and effective November 1, 1998;
[cir] The process for adoption, amendment or revocation of a rule
at 75 O.S. 303 promulgated in 1963 and last modified and affective
November 1, 2013; and
[cir] Definition of ``Meeting'' at 25 O.S. 304(2) added October 1,
1977, and last modified and effective in 2010.
Submitted December 19, 2018:
[cir] Revisions to OAC 252:100-2-3 and Appendix Q adopted on June
18, 2018 and effective September 15, 2018; and
[cir] Revisions to OAC 252:100-8-35, Air quality impact evaluation,
adopted on June 18, 2018 and effective September 15, 2018.
The EPA finds that the provisions in OAC 252:4-1-1, 4-1-2, 4-1-3,
4-1-4, 4-1-5, 4-1-6, 4-1-7, 4-1-8, and 4-1-9, and OAC 252:100-5-1, 5-
1.1 and 5-2.2 are applicable to the entirety of the Oklahoma SIP and
the amendatory language table at 40 CFR 52.1920(c) is modified to
reflect this finding. Additionally, the EPA is removing the
disapprovals listed in 40 CFR 52.1922(b)(2), (b)(3), (b)(4), and (c),
because the state has submitted appropriate revisions to the SIP to
correct the disapprovals.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference the
revisions to the Oklahoma regulations as described in the Final Action
section above. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 6 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.
V. Statutory and Executive Order Reviews
Under the Clean Air 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, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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:
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, 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 the 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 the 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 June 9, 2020. 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 CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
[[Page 20181]]
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 19, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 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:
0
a. In paragraph (c), amend the table titled ``EPA Approved Oklahoma
Regulations'' by:
0
i. Removing the entries for Regulation ``3.8'', ``3.8(a)'', ``3.8(b)'',
and ``3.8(c)'';
0
ii. Adding entries for ``52:4-7-20'', ``252:4-17-1'', ``252:4-17-2'',
``252:4-17-3'', ``252:4-17-4'', ``252:4-17-5'', ``252:4-17-6'',
``252:4-17-7'', ``252:100-8-36.1''; and
0
iii. Revising the entries for ``252:4-1-1''; ``252:4-1-2''; ``252:4-1-
3''; ``252:4-1-4''; ``252:4-1-5''; ``252:4-1-6''; ``252:4-1-7'';
``252:4-1-8''; ``252:4-1-9''; ``252:4-3-1''; ``252:4-7-5''; ``252:4-7-
13''; ``252-4-7-15''; ``252:4-7-18''; ``252:4-7-32''; ``252:4-7-33'';
``252:4-9-32''; ``252:4-9-51''; ``252:4-9-52''; ``252:100-1-3'';
``252:100-2-3''; ``252:100-5-1''; ``252:100-5-1.1''; ``252:100-5-2.2'';
``252:100-8-31''; ``252:100-8-33''; ``252:100-8-35''; ``252:100-8-
51.1''; and ``252:100, Appendix Q''.
0
b. In paragraph (e),
0
i. Amend the table titled ``EPA-Approved Nonregulatory Provisions and
Quasi-Regulatory Measures in the Oklahoma SIP'' by adding an entry for:
``Letter to Ms. Anne Idsal, Regional Administrator, EPA Region 6, dated
May 16, 2018 regarding ``Clarification of PSD Public Participation
Procedures under 2017 Revisions to the Oklahoma State Implementation
Plan''.''
0
ii. Amend the second table titled ``EPA Approved Statutes in the
Oklahoma SIP'' by adding entries for ``25 O.S. 304(2)'', ``27A O.S. 2-
5-112(E)'', ``2-14-103, O.S. 2-14-301'', ``2-14-302'', ``2-14-303'',
``2-14-304''; ``51 O.S. 24A.3'', ``75 O.S. 302(B)'', and ``75 O.S.
303''.
The additions and revisions read as follows:
Sec. 52.1920 Identification of plan.
* * * * *
(c) * * *
EPA Approved Oklahoma Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
OKLAHOMA ADMINISTRATIVE CODE, TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY
----------------------------------------------------------------------------------------------------------------
Chapter 4 (OAC 252:4). Rules of Practice and Procedure
----------------------------------------------------------------------------------------------------------------
Subchapter 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:4-1-1........................ Purpose and 6/11/2001 4/10/2020, [Insert
authority. Federal Register
citation].
252:4-1-2........................ Definitions........ 9/15/2016 4/10/2020, [Insert ...................
Federal Register
citation].
252:4-1-3........................ Organization....... 9/15/2016 4/10/2020, [Insert ...................
Federal Register
citation].
252:4-1-4........................ Office location and 6/11/2001 4/10/2020, [Insert ...................
hours; Federal Register
communications. citation].
252:4-1-5........................ Availability of a 7/1/2013 4/10/2020, [Insert ...................
record. Federal Register
citation].
252:4-1-6........................ Administrative fees 6/15/2005 4/10/2020, [Insert ...................
Federal Register
citation].
252:4-1-7........................ Fee credits for 6/11/2001 4/10/2020, [Insert ...................
regulatory fees. Federal Register
citation].
252:4-1-8........................ Board and councils. 6/11/2001 4/10/2020, [Insert ...................
Federal Register
citation].
252:4-1-9........................ Severability....... 6/11/2001 4/10/2020, [Insert ...................
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Subchapter 3. Meetings and Public Forums
----------------------------------------------------------------------------------------------------------------
252:4-3-1........................ Meetings........... 6/15/2007 4/10/2020, [Insert
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 7. Environmental Permit Process
----------------------------------------------------------------------------------------------------------------
Part 1. The Process
----------------------------------------------------------------------------------------------------------------
[[Page 20182]]
* * * * * * *
252:4-7-5........................ Fees and fee 9/15/2017 4/10/2020, [Insert Applicable to minor
refunds. Federal Register NSR permitting
citation]. under OAC 252:100-
7 and major NSR
permitting under
OAC 252:100-8.
* * * * * * *
252:4-7-13....................... Notices............ 9/15/2017 4/10/2020, [Insert The SIP does NOT
Federal Register include (e), (f),
citation]. or (g)(4).
Applicable to
minor NSR
permitting under
OAC 252:100-7 and
major NSR
permitting under
OAC 252:100-8.
* * * * * * *
252:4-7-15....................... Permit issuance or 7/1/2013 4/10/2020, [Insert Applicable to minor
denial. Federal Register NSR permitting
citation]. under OAC 252:100-
7 and major NSR
permitting under
OAC 252:100-8.
* * * * * * *
252:4-7-18....................... Pre-issuance permit 7/1/2013 4/10/2020, [Insert Applicable to minor
review and Federal Register NSR permitting
correction. citation]. under OAC 252:100-
7 and major NSR
permitting under
OAC 252:100-8.
* * * * * * *
252:4-7-20....................... Agency review of 7/1/2013 4/10/2020, [Insert ...................
final permit Federal Register
decision. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 3. Air Quality Division Tiers and Time Lines
----------------------------------------------------------------------------------------------------------------
* * * * * * *
252:4-7-32....................... Air quality 6/1/2003 4/10/2020, [Insert Applicable to minor
applications--Tier Federal Register NSR permitting
I. citation]. under OAC 252:100-
7.
The SIP does NOT
include (a), (b),
or (c)(1).
252:4-7-33....................... Air quality 6/1/2003 4/10/2020, [Insert The SIP does NOT
applications--Tier Federal Register include (c)(4).
II. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 9. Administrative Proceedings
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 3. Individual Proceedings
----------------------------------------------------------------------------------------------------------------
* * * * * * *
252:4-9-32....................... Individual 7/1/2013 4/10/2020, [Insert
proceedings filed Federal Register
by others. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 5. Air Quality Advisory Council Hearings
----------------------------------------------------------------------------------------------------------------
252:4-9-51....................... In general......... 6/1/2004 4/10/2020, [Insert
Federal Register
citation].
252:4-9-52....................... Individual 6/1/2004 4/10/2020, [Insert ...................
proceedings. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 17. Electronic Reporting
----------------------------------------------------------------------------------------------------------------
252:4-17-1....................... Purpose, authority 6/15/2007 4/10/2020, [Insert
and applicability. Federal Register
citation].
[[Page 20183]]
252:4-17-2....................... Definitions........ 9/15/2016 4/10/2020, [Insert
Federal Register
citation].
252:4-17-3....................... Use of electronic 6/15/2007 4/10/2020, [Insert
document receiving Federal Register
system. citation].
252:4-17-4....................... Electronic 9/15/2016 4/10/2020, [Insert
signature Federal Register
agreement. citation].
252:4-17-5....................... Valid electronic 6/15/2007 4/10/2020, [Insert
signature. Federal Register
citation].
252:4-17-6....................... Effect of 6/15/2007 4/10/2020, [Insert
electronic Federal Register
signature. citation].
252:4-17-7....................... Enforcement........ 6/15/2007 4/10/2020, [Insert ...................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 100 (OAC 252:100). Air Pollution Control
----------------------------------------------------------------------------------------------------------------
Subchapter 1. General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
252:100-1-3...................... Definitions........ 9/15/2017 4/10/2020, [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 2. Incorporation by Reference
----------------------------------------------------------------------------------------------------------------
* * * * * * *
252:100-2-3...................... Incorporation by 9/15/2018 4/10/2020, [Insert
reference. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 5. Registration, Emission Inventory and Annual Operating Fees
----------------------------------------------------------------------------------------------------------------
252:100-5-1...................... Purpose............ 6/11/2001 4/10/2020, [Insert
Federal Register
citation].
252:100-5-1.1.................... Definitions........ 6/15/2007 4/10/2020, [Insert
Federal Register
citation].
* * * * * * *
252:100-5-2.2.................... Annual operating 6/11/2001 4/10/2020, [Insert ...................
fees. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 8. Permits for Part 70 Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 7. Prevention of Significant Deterioration (PSD) Requirements for Attainment Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
252:100-8-31..................... Definitions........ 9/15/2017 4/10/2020, [Insert
Federal Register
citation].
* * * * * * *
252:100-8-33..................... Exemptions......... 9/15/2017 4/10/2020, [Insert ...................
Federal Register
citation].
* * * * * * *
252:100-8-35..................... Air quality impact 9/15/2018 4/10/2020, [Insert
evaluation. Federal Register
citation].
* * * * * * *
252:100-8-36.1................... Public 6/15/2006 4/10/2020, [Insert
participation. Federal Register
citation].
[[Page 20184]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 9. Major Sources Affecting Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
252:100-8-51.1................... Emission reductions 9/15/2017 4/10/2020, [Insert
and offsets. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Appendices for OAC 252: Chapter 100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
252:100, Appendix Q.............. Incorporation by 9/15/2018 4/10/2020, [Insert SIP only includes
reference. Federal Register specified portions
citation]. of 40 CFR parts
50, 51, and 98, as
referenced in
252:100, Appendix
Q.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State EPA approval date Explanation
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Letter to Ms. Anne Idsal, Statewide.......... 05/16/2018 4/10/2020, [Insert
Regional Administrator, EPA Federal Register
Region 6, dated May 16, 2018 citation].
regarding ``Clarification of PSD
Public Participation Procedures
under 2017 Revisions to the
Oklahoma State Implementation
Plan''.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
EPA Approved Statutes in the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
25 O.S. 304(2)............... Oklahoma Open 8/27/2010 4/10/2020, [Insert SIP only includes
Meetings Act. Federal Register the definition of
citation]. ``Meeting''.
27A O.S. 2-5-112(E).......... Oklahoma Clean Air 6/3/2004 4/10/2020, [Insert SIP only includes
Act; Implementation Federal Register the provisions for
of Comprehensive citation]. notification to an
Permitting Program. affected state.
27A O.S. 2-14-103............ Uniform Environmental 11/1/2015 4/10/2020, [Insert SIP only includes
Permitting Act; Federal Register definitions of
Definitions. citation]. ``Process Meeting''
and ``Response to
Comments''.
27A O.S. 2-14-301............ Uniform Environmental 7/1/1996 4/10/2020, [Insert
Permitting Act; Federal Register
Notice. citation].
27A O.S. 2-14-302............ Uniform Environmental 7/1/1996 4/10/2020, [Insert
Permitting Act; Federal Register
Preparation of Draft citation].
Denial or Permit.
27A O.S. 2-14-303............ Uniform Environmental 7/1/1996 4/10/2020, [Insert
Permitting Act; Federal Register
Formal Public citation].
Meeting.
27A O.S. 2-14-304............ Uniform Environmental 5/9/2002 4/10/2020, [Insert
Permitting Act; Federal Register
Draft Permits or citation].
Denials for Tier
Applications.
[[Page 20185]]
51 O.S. 24A.3................ Oklahoma Open Records 11/1/2014 4/10/2020, [Insert SIP only includes
Act; Definitions. Federal Register the definition of
citation]. ``Record''.
75 O.S. 302(B)............... Administrative 11/1/1998 4/10/2020, [Insert SIP only includes
Procedures Act; Federal Register the requirement to
Promulgation of citation]. maintain, and the
certain rules-- description of the
Public inspection of contents of the
rules, orders, rulemaking record.
decision and
opinions--Rulemaking
record--Prohibited
actions--Violations.
75 O.S. 303.................. Administrative 11/1/2013 4/10/2020, [Insert SIP only includes
Procedures Act; Federal Register the process for
Adoption, amendment citation]. adoption, amendment
or revocation of or revocation of a
rule. rule.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. In Sec. 52.1922 revise paragraph (b) and remove paragraph (c).
The revision reads as follows:
Sec. 52.1922 Approval status.
* * * * *
(b) The EPA is disapproving the following severable portions of the
February 6, 2012, Oklahoma SIP submittal:
(1) Revisions establishing Minor New Source Review Greenhouse Gas
(GHG) permitting requirements at OAC 252:100-7-2.1 as submitted on
February 6, 2012.
(2) [Reserved].
* * * * *
[FR Doc. 2020-06160 Filed 4-9-20; 8:45 am]
BILLING CODE 6560-50-P
