Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules 42587 

of potassium perchlorate in closuresealing gaskets used for food containers. 

As noted, the basis for the proposed 

amendment is that the use of potassium 

perchlorate in closure-sealing gaskets 

for food containers has been 

permanently and completely 

abandoned. Accordingly, we request 

comments that address whether this use 

of potassium perchlorate has been 

completely abandoned, such as 

information on whether closure-sealing 

gaskets containing potassium 

perchlorate are currently being 

introduced or delivered for introduction 

into the U.S. market. We are not aware 

of information that suggests continued 

use of potassium perchlorate as a 

component of closure-sealing gaskets in 

contact with food. 

We are providing the public with 60 

days to submit comments. We anticipate 

that some interested persons may wish 

to provide FDA with certain information 

they consider to be trade secret or 

confidential commercial information 

(CCI) that would be exempt under 

Exemption 4 of the Freedom of 

Information Act (5 U.S.C. 552). 

Interested persons may claim 

information that is submitted to FDA as 

CCI or trade secret by clearly marking 

both the document and the specific 

information as ‘‘confidential.’’ 

Information so marked will not be 

disclosed except in accordance with the 

Freedom of Information Act (5 U.S.C. 

552) and our disclosure regulations (21 

CFR part 20). For electronic submissions 

to http://www.regulations.gov, indicate 

in the ‘‘comments’’ box of the 

appropriate docket that your submission 

contains confidential information. 

Interested persons must also submit a 

copy of the comment that does not 

contain the information claimed as 

confidential for inclusion in the public 

version of the official record. 

Information not marked confidential 

will be included in the public version 

of the official record without prior 

notice. 

We are not requesting comments on 

the safety of the use of potassium 

perchlorate in closure-sealing gaskets 

for food containers because such 

information is not relevant to 

abandonment, which is the basis of the 

proposed action. We will not consider 

any comments addressing the safety of 

potassium perchlorate or containing 

safety information on this substance in 

our evaluation of this petition. In 

addition to our consideration of this 

petition, we are considering information 

on the safety of potassium perchlorate 

as an additive in closure-sealing gaskets 

for food containers as part of our 

consideration of a petition designated 

for reference as FAP 4B4808 (see 80 FR 

13508 (March 16, 2015)). We have 

determined under 21 CFR 25.32(m) that 

this action is of a type that does not 

individually or cumulatively have a 

significant effect on the human 

environment. Therefore, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

Dated: June 24, 2016. 

Dennis M. Keefe, 

Director, Office of Food Additive Safety, 

Center for Food Safety and Applied Nutrition. 

[FR Doc. 2016–15474 Filed 6–29–16; 8:45 am] 

BILLING CODE 4164–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0221; FRL–9948–56– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Oklahoma; 

Revisions to Major New Source Review 

Permitting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

severable portions of revisions to the 

Oklahoma New Source Review (NSR) 

State Implementation Plan (SIP) 

submitted by the State of Oklahoma on 

June 24, 2010; July 16, 2010; December 

27, 2010; February 6, 2012; and January 

18, 2013. These revisions update the 

Prevention of Significant Deterioration 

(PSD) and Nonattainment NSR (NNSR) 

permit programs to be consistent with 

federal permitting requirements and 

make general updates to the Oklahoma 

SIP to support major NSR permitting. 

We are proposing this action under 

section 110, parts C and D of the Clean 

Air Act (CAA). 

DATES: Written comments must be 

received on or before August 1, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2014–0221, at http://

www.regulations.gov or via email to 

wiley.adina@epa.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact Ms. Adina Wiley, (214) 665– 

2115, wiley.adina@epa.gov. For the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Wiley, (214) 665–2115, 

wiley.adina@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Ms. Adina Wiley or 

Mr. Bill Deese at 214–665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

A. The CAA and SIPs 

The CAA at Section 110(a)(2)(C) 

requires states to develop and submit to 

the EPA for approval into the SIP, 

preconstruction review and permitting 

programs applicable to certain new and 

modified stationary sources of air 

pollutants for attainment/unclassifiable 

and nonattainment areas that cover both 

major and minor new sources and 

modifications, collectively referred to as 

the NSR SIP. The CAA NSR SIP 

program is composed of three separate 

programs: PSD, NNSR, and Minor NSR. 

PSD is established in part C of title I of 

the CAA and applies in areas that are 

designated as meeting the National 

Ambient Air Quality Standards 

(NAAQS), i.e., ‘‘attainment areas,’’ as 

well as areas designated as 

‘‘unclassifiable’’ because there is 

insufficient information to determine if 

the area meets the NAAQS. The NNSR 

SIP program is established in part D of 

title I of the CAA and applies in areas 


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1On January 18, 2013, Oklahoma submitted a 

revision to the definition of ‘‘carbon dioxide 

equivalent’’ at OAC 252:100–1–3, effective July 1, 

2012. The EPA separately proposed disapproval of 

this provision on January 11, 2016. See 81 FR 1141. 

2The revision to OAC 252:100–5–2.1(a)(3) 

effective June 11, 2014 and submitted July 16, 2010, 

was withdrawn by the Oklahoma Secretary of 

Energy and Environment on January 28, 2015. As 

such, this provision is no longer before us for 

review. 

that are designated as not being in 

attainment of the NAAQS, i.e., 

‘‘nonattainment areas.’’ The Minor NSR 

SIP program addresses construction or 

modification activities that do not emit, 

or have the potential to emit, beyond 

certain major source/major modification 

thresholds and thus do not qualify as 

‘‘major’’ and applies regardless of the 

designation of the area in which a 

source is located. Any submitted SIP 

revision must meet the applicable 

requirements for SIP elements in section 

110 of the Act, and be consistent with 

all applicable statutory and regulatory 

requirements. The EPA regulations 

governing the criteria that states must 

satisfy for EPA approval of the NSR 

programs as part of the SIP are 

contained in 40 CFR Sections 51.160– 

51.166. Regulations specific to NNSR 

are contained in 40 CFR 51.165; PSD 

specific regulations are found in 40 CFR 

51.166. The State of Oklahoma 

submitted revisions to the Oklahoma 

SIP related to its title I Major NSR 

permitting programs—PSD and NNSR. 

In addition to the specific revisions for 

Major NSR permitting, the State of 

Oklahoma also submitted revisions to 

the General Oklahoma SIP requirements 

that support major NSR permitting 

activities. 

B. Overview of the Revisions to the 

General Provisions of the Oklahoma SIP 

On July 16, 2010, the State of 

Oklahoma submitted revisions to the 

General Provisions in the Oklahoma SIP 

that had been adopted by the State and 

became effective from 2003–2012. 

Revisions submitted to the EPA for 

review included updates to the 

definitions and units, abbreviations, and 

acronyms used throughout the 

Oklahoma SIP; provisions establishing 

the ability to incorporate by reference 

federal requirements; revisions to the 

PSD increments regulated under the 

Oklahoma SIP; and updates to the 

Emission Inventory provisions. 

C. Overview of the Revisions to the 

Oklahoma Major Source Permitting 

Programs 

The State of Oklahoma submitted 

revisions to the Oklahoma PSD and 

NNSR Programs on June 24, 2010; July 

16, 2010; February 6, 2012; and January 

18, 2013. The revisions to the Oklahoma 

PSD and NNSR programs under review 

in this action have been submitted to 

address amendments that the EPA has 

made to the federal PSD and NNSR 

regulations as contained in the 

following final rules: 

• NSR Reform Rule (67 FR 800186, 

December 31, 2002) and (68 FR 63021, 

November 7, 2003); 

• Implementation of the 8-hour 

Ozone (O3) NAAQS-Phase 2; Final Rule 

to Implement Certain Aspects of the 

1990 Amendments Relating to NSR and 

PSD as They Apply to Carbon Monoxide 

(CO), PM and O3 NAAQS (70 FR 71612, 

November 29, 2005); 

• PSD and NNSR: Reasonable 

Possibility in Recordkeeping (72 FR 

72607, December 21, 2007); 

• NSR PM2.5 Implementation Rule (73 

FR 28321, May 16, 2008); 

• PSD for PM2.5—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC) (75 FR 64864, October 20, 2010); 

• GHG Tailoring Rule (75 FR 31514, 

June 3, 2010) (specific to PSD permitting 

only); 

• PSD and NNSR: Reconsideration of 

Inclusion of Fugitive Rule (76 FR 17548, 

March 30, 2011). 

D. Revisions Not Covered in This 

Proposed Action 

Some severable provisions submitted 

by the State of Oklahoma on June 24, 

2010; July 16, 2010; February 6, 2012; 

and January 18, 2013 are not addressed 

in today’s action. In some instances, the 

EPA has taken separate actions to 

propose or finalize a decision on these 

severable provisions. For the remaining 

provisions, the EPA has severed the 

submitted provisions from today’s 

rulemaking and will address them at a 

later date. The Technical Support 

Document accompanying our 

rulemaking identifies the provisions 

that we are not evaluating or proposing 

in this action. 

II. The EPA’s Evaluation 

A. Evaluation of the Revisions to the 

General Provisions of the Oklahoma SIP 

We have evaluated revisions to the 

General Provisions for the Oklahoma 

SIP submitted July 16, 2010; December 

27, 2010; February 6, 2012; and January 

18, 2013. These revisions, if approved 

by the EPA, would update the 

Oklahoma SIP to be consistent with 

current Oklahoma regulations and 

support the PSD and NNSR permitting 

programs in Oklahoma. We find that all 

of the revisions summarized below are 

consistent with federal requirements for 

SIP development under 40 CFR part 51; 

accordingly, we propose to approve the 

submitted rules as part of the Oklahoma 

SIP. 

• The revisions to OAC 252:100–1–1, 

Purpose, and OAC 252:100–1–2, 

Definitions, effective June 12, 2003 and 

submitted on July 16, 2010, update the 

terms, phrases, and statutory definitions 

used throughout the Oklahoma SIP. 

• The revisions to the General 

Definitions at OAC 252:100–1–3 

effective on June 12, 2003; July 1, 2008; 

July 1, 2009; June 15, 2006; July 1, 2011; 

and July 1, 2012.1 These revisions 

provide updates to maintain consistency 

with federal definitions in 40 CFR part 

51 and remove obsolete or duplicative 

definitions. 

• New provisions at OAC 252:100–1– 

4 effective on June 12, 2003; July 1, 

2009; and July 1, 2011 that establish the 

units, abbreviations, and acronyms 

germane to the Oklahoma SIP. 

• New provisions at OAC 252:100–2– 

1, 252:100–2–3, and Appendix Q 

effective July 1, 2012, to provide the 

authority to incorporate by reference 

(IBR) federal requirements and to 

specifically identify the requirements 

that are incorporated into the Oklahoma 

regulations and SIP. The EPA is only 

proposing to approve the IBR of the 

identified portions of 40 CFR parts 50 

and 51. All remaining portions of 

Appendix Q as submitted July 16, 2010 

and January 18, 2013, were returned to 

the ODEQ by letters dated March 4, 

2016 and May 16, 2016, respectively. 

• Revisions to OAC 252:100–3–4 

effective June 15, 2005 and July 1, 2011, 

to maintain consistency with federal 

requirements and adopt and implement 

the PSD PM2.5 increments promulgated 

by the EPA on October 20, 2010. 

• New OAC 252:100, Appendix P— 

Regulated Air Pollutants, effective June 

15, 2007, to identify the pollutants 

regulated under the CAA and EPA 

regulations. 

• Revisions to the regulations at OAC 

252:100, Subchapter 5—Registration, 

Emission Inventory, and Annual 

Operating Fees on July 16, 2010. These 

amendments, update the Subchapter 5 

Definitions at OAC 252:100–5–1.1 to 

remove obsolete definitions and 

promote clarity and revise the Emission 

Inventory provisions at OAC 252:100– 

5–1.2 to include non-substantive edits 

to promote clarity to state Emission 

Inventory practices.2

B. Evaluation of the Revisions to the 

Oklahoma Major NSR Permitting 

Programs 

We evaluated amendments to the 

Oklahoma PSD and NNSR programs 

submitted on June 24, 2010; July 16, 

2010, February 6, 2012, and January 18, 

2013. These submitted revisions update 


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3As identified in the TSD, the EPA is taking no 

action at this time on the submitted revisions to 

OAC 252:100–8–2, 8–4, 8–5, 8–6, 8–6.1, 8–6.3, 8– 

7, 8–7.2, 8–8, and 8–36.1. 

the general requirements for Oklahoma 

Major NSR Permitting Programs, and 

provide specific updates to the 

Oklahoma PSD and NNSR Permitting 

Programs at OAC 252:100–8–1.1, 8–30, 

8–31, 8–32, 8–32.1, 8–32.2, 8–32.2, 8– 

33, 8–34, 8–35, 8–35.1, 8–35.2, 8–36, 8– 

36.2, 8–37, 8–38, 8–39, 8–50, 8–50.1, 8– 

51, 8–51.1, 8–52, 8–53, 8–54, 8–54.1, 8– 

55, 8–56, and 8–57.3 These 

amendments, if approved by the EPA, 

would update the PSD and NNSR 

programs to be consistent with federal 

permitting requirements and provide 

clarity to the existing SIP-approved 

rules. The EPA’s evaluation of the 

Oklahoma SIP submittals includes an 

analysis of how the Oklahoma 

regulations comport with the federal 

permitting requirements. We find that in 

most cases, the state regulatory language 

is identical to that of the federal rule. 

Where the regulatory language is not 

identical, we find it is consistent with 

the intent of the federal rules and 

definitions. The EPA is therefore 

proposing to approve the submitted 

rules as part of the Oklahoma PSD and 

NNSR SIP. 

1. NSR Reform Rule 

The EPA promulgated its NSR Reform 

Program rules on December 31, 2002 (67 

FR 80186). On November 7, 2003 (68 FR 

63021), the EPA promulgated a final 

action on its reconsideration of the 

December 31, 2002, NSR Reform 

Program rules. Our evaluation of the 

Oklahoma SIP submittals demonstrates 

the ODEQ has adopted and submitted 

revisions to the PSD and NNSR 

permitting programs that are sufficient 

for the ODEQ to implement the required 

elements of NSR Reform. 

The rule revisions effective June 15, 

2006, submitted as a revision to the 

Oklahoma SIP on July 16, 2010, include 

revisions to OAC 252:100 Part 7— 

Prevention of Significant (PSD) 

Requirements for Attainment Areas. The 

submission covers Applicability, PSD 

requirements, Actuals PALs, and 

Definitions that implement the NSR 

Reform revisions to PSD. To be 

approvable under the SIP, states 

implementing Part C (PSD permit 

program in 40 CFR 51.166) must include 

the EPA’s December 31, 2002, changes 

as minimum PSD program elements. 

The following summary demonstrates 

the revisions to the Oklahoma PSD 

program satisfy the federal PSD program 

requirements: 

• Incorporation of a new method for 

determining baseline actual emissions; 

defined in OAC 252:100–8–30 and OAC 

252:100–8–31; 

• Incorporation of the actual-toprojected-actual methodology for 

determining whether a major 

modification has occurred; found in 

OAC 252:100–8–30; and 

• Inclusion of rules that allow major 

stationary sources to comply with 

Plantwide Applicability Limits (PALs) 

to avoid having a significant emissions 

increase that triggers the requirements 

of the major NSR program; found OAC 

252:100–8–38. 

The rule revisions effective June 15, 

2006, submitted as a revision to the 

Oklahoma SIP on July 16, 2010, also 

include revisions to OAC 252:100 Part 

9—Major Sources Affecting 

Nonattainment Areas. The submission 

covers Applicability, NNSR 

requirements, Actuals PALs, and 

Definitions that implement the NSR 

Reform revisions to NNSR. To be 

approvable under the SIP, states 

implementing Part D (NNSR permit 

program in 40 CFR 51.165) must include 

the EPA’s December 31, 2002, changes 

as minimum NNSR program elements. 

The following summary demonstrates 

that the revisions to the Oklahoma 

NNSR program satisfy the federal NNSR 

program requirements. 

• Incorporation of a new method for 

determining baseline actual emissions; 

defined in OAC 252:100–8–50 and OAC 

252:100–8–51; 

• Incorporation of the actual-toprojected-actual methodology for 

determining whether a major 

modification has occurred; found in 

OAC 252:100–8–50; and 

• Inclusion of rules that allow major 

stationary sources to comply with 

Plantwide Applicability Limits (PALs) 

to avoid having a significant emissions 

increase that triggers the requirements 

of the major NSR program; found OAC 

252:100–8–56. 

2. Final Rule To Implement the 8-Hour 

Ozone (O3) NAAQS—Phase 2 and 

Certain Aspects of the 1990 

Amendments Relating to NSR and PSD 

as They Apply to Carbon Monoxide 

(CO), PM and O3 NAAQS (O3 NAAQS 

Implementation Rule) 

The EPA finalized the O3 NAAQS 

Implementation Rule to provide 

additional regulatory requirements 

under the PSD and NNSR SIP programs 

regarding the implementation of the 8- 

hour ozone NAAQS. See 70 FR 71612, 

November 29, 2005. Regarding NSR, this 

rule is based on the proposed rule 

published on June 2, 2003 to implement 

the 8-hour O3 NAAQS, as well as the 

proposed rule published on July 23, 

1996 for PSD and NNSR. See 68 FR 

32802 and 61 FR 38305, respectively. 

These changes provide a consistent 

national program for permitting major 

stationary sources under section 

110(a)(2)(C) and parts C and D of title I 

of the CAA, including major stationary 

sources of any ozone precursor in ozone 

nonattainment areas. 

The revisions to the Oklahoma PSD 

Program address the required elements 

of the EPA’s final 8-hour ozone NAAQS 

Phase 2 rule as follows: 

• The Oklahoma PSD program 

contains a revised definition of ‘‘major 

stationary source’’ at OAC 252:100–8– 

31, which specifies that a major source 

that is major for VOC or NOX is 

considered major for ozone. 

• The Oklahoma PSD program 

contains a revised definition of ‘‘major 

modification’’ at OAC 252:100–8–31, 

which specifies that any significant 

increase or net emissions increase at a 

major stationary source that is 

significant for VOC or NOX shall be 

considered significant for ozone. 

• The Oklahoma PSD program 

contains a revised definition of 

‘‘significant’’ at OAC 252:100–8–31, 

which specifies that the SER for ozone 

is 40 TPY of VOC or NOX. 

• The Oklahoma PSD program 

contains a revised definition of 

‘‘regulated NSR pollutant’’ at OAC 

252:100–8–31, which specifies that VOC 

and NOX are precursors to ozone and 

thus regulated pollutants. 

• The Oklahoma PSD program 

contains a revised exemption from PSD 

monitoring at OAC 252:100–8– 

33(c)(1)(F), which specifies that no de 

minimis air quality level is provided for 

ozone. 

The EPA’s final 8-hour ozone NAAQS 

Phase 2 Rule also codified requirements 

added to part D of Title I of the CAA in 

the 1990 Amendments related to 

permitting of major stationary sources in 

areas that are nonattainment for the O3, 

PM, and CO NAAQS. Second, the EPA 

revised the criteria for crediting 

emissions reductions credits from 

shutdowns and curtailments as offsets. 

Third, revisions to the regulations for 

permitting of major stationary sources in 

nonattainment areas in interim periods 

between designation of new 

nonattainment areas and the EPA’s 

approval of a revised SIP. Fourth, the 

EPA changed the regulations that 

impose a ban prohibiting construction 

of new or modified major stationary 

sources in nonattainment area where the 

State fails to have an implementation 

plan meeting all of the requirements of 

part D. The revisions to the Oklahoma 

NNSR Program address the required 


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elements of the EPA’s final 8-hour 

Ozone NAAQS Phase 2 rule as follows: 

• The Oklahoma NNSR program at 

OAC 252:100–8–51 incorporates by 

reference the federal NNSR definition of 

‘‘major stationary source’’ at 40 CFR 

51.165(a)(1)(iv) as of July 1, 2010. 

• The definition of ‘‘major 

modification’’ at OAC 252:100–8–51 

was revised by adding a new paragraph 

(C) and new OAC 252:100–8–54.1(a) 

together requiring NOX to be regulated 

as an ozone precursor in an ozone 

nonattainment area consistent with the 

federal requirements at 40 CFR 

51.165(a)(1)(v) and (a)(3)(8). 

• The Oklahoma NNSR program at 

OAC 252:100–8–51 incorporates by 

reference the federal NNSR definition of 

‘‘significant’’ at 40 CFR 51.165(a)(1)(x) 

as of July 1, 2010. 

• New OAC 252:100–8–51.1(b) 

incorporates by reference the emission 

offset requirements in 40 CFR 

51.165(a)(9) as of July 2, 2007. 

• New OAC 252:100–8–54.1(b) makes 

the PM10 requirements apply to the 

PM10 precursors consistent with the 

requirements at 40 CFR 51.165(a)(10). 

3. PSD and NNSR: Reasonable 

Possibility in Recordkeeping 

Rulemaking 

The EPA finalized PSD and NNSR: 

Reasonable Possibility in Recordkeeping 

on December 21, 2007. See 72 FR 72607. 

This rule clarifies the ‘‘reasonable 

possibility’’ recordkeeping and 

reporting standards of our 2002 NSR 

Reform rules. The ‘‘reasonable 

possibility’’ standard identifies for 

sources and reviewing authorities the 

criteria under which an owner or 

operator of a major stationary source 

undergoing a physical change or change 

in the method of operation that does not 

trigger major NSR permitting 

requirements for a given regulated NSR 

pollutant must keep records. The 

standard also specifies when the 

recordkeeping and reporting 

requirements apply to such sources. 

The Oklahoma PSD program does not 

include the reasonable possibility 

provisions as promulgated by EPA at 40 

CFR 51.166(r)(6)(vi). Instead, in the 

Oklahoma PSD program, any source 

using the ‘‘projected actual emissions’’ 

methodology is required to comply with 

the recordkeeping requirements at 40 

CFR 51.166(r)(6)(i)–(v). Similarly, the 

revisions to the Oklahoma NNSR 

program effective June 15, 2006, 

submitted July 16, 2010, incorporate by 

reference as of January 2, 2006, the 

requirements in 40 CFR 51.165(a)(6)(i) 

through (a)(6)(v), and do not include the 

reasonable possibility provisions 

promulgated at 40 CFR 51.165(a)(6)(vi). 

The Oklahoma Department of 

Environmental Quality submitted a 

letter of interpretation on February 8, 

2016, that explained how the Oklahoma 

PSD program applies the recordkeeping, 

monitoring and reporting requirements 

consistent with 40 CFR 51.166(r)(6)(i)– 

(v) to all sources that use the ‘‘projected 

actual emissions’’ methodology; not just 

a subset of sources for which there is a 

‘‘reasonable possibility’’ that a project 

would result in a significant emissions 

increase of a regulated NSR pollutant. 

These requirements apply to any source 

using the ‘‘projected actual emissions’’ 

methodology. Therefore, the EPA 

believes that the Oklahoma SIP does not 

need to include the reasonable 

possibility provisions at 40 CFR 

51.166(r)(6)(vi). This requirement for all 

sources to maintain records, monitor 

emissions and report in accordance with 

40 CFR 51.166(r)(6)(i)–(v) is more 

stringent than federal requirements and 

is therefore approvable. While the 

February 8, 2016, letter is specific to the 

Oklahoma PSD program and the 

requirements at OAC 252:100–8–36.2, 

we find that the Oklahoma NNSR 

program is structured similarly and the 

same conclusion would apply. Any 

source using the ‘‘projected actual 

emissions’’ methodology is required to 

meet the recordkeeping and reporting 

requirements consistent with 40 CFR 

51.165(a)(6)(i)–(v). Therefore, the 

Oklahoma SIP does not need to include 

the reasonable possibility provisions at 

40 CFR 51.165(a)(6)(vi). 

4. Revisions to the PSD and NNSR 

Programs for PM2.5 Implementation 

The EPA promulgated two rules 

establishing both required and optional 

implementation elements for PSD and 

NNSR permitting programs for PM2.5: 

the May 16, 2008 final rule for 

Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5) (referred to as the NSR PM2.5

Implementation Rule), 73 FR 28321; and 

the October 20, 2010 final rule for 

Prevention of Significant Deterioration 

(PSD) for Particulate Matter Less than 

2.5 Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC) (referred to as the PM2.5 PSD 

Increments—SILs—SMC Rule), 75 FR 

64864. Both the NSR PM2.5

Implementation Rule and the PM2.5 PSD 

Increments—SILs—SMC Rule have also 

been the subject of litigation. Following 

is a discussion of how the Oklahoma 

PSD and NNSR programs satisfy the 

required elements of these two 

rulemakings and address the concerns 

raised in the subsequent litigation. 

a. NSR PM2.5 Implementation Rule 

Our evaluation of the February 6, 

2012, revisions to the Oklahoma PSD 

permitting program presented below 

and in our accompanying TSD, 

demonstrates that the Oklahoma PSD 

program includes all of the PSD 

required elements of the NSR PM2.5

Implementation Rule. 

• Regulation of Direct PM2.5 and 

Precursors: The revised definition of 

‘‘regulated NSR pollutant’’ at OAC 

252:100–8–31 is consistent with the 

federal definition of ‘‘regulated NSR 

pollutant’’ at 40 CFR 51.166(b)(49) and 

identifies precursors to PM2.5 in 

attainment areas. With respect to PM2.5, 

the revised definition of ‘‘regulated 

pollutant’’ at OAC 252:100–8–31 

identifies sulfur dioxide and nitrogen 

oxides as regulated PM2.5 precursors 

while volatile organic compounds 

(VOCs) are not regulated PM2.5

precursors in PM2.5 attainment areas in 

Oklahoma. 

• Establish SERs: The revisions to the 

PSD definition of ‘‘significant’’ at OAC 

252:100–8–31 establishes significant 

emission rates for direct PM2.5 and for 

NOX and SO2 and PM2.5 precursors. 

• Condensable PM10/PM2.5 Emissions: 

The revised definition of ‘‘regulated 

NSR pollutant’’ at OAC 252:100–8–31 is 

consistent with the federal requirements 

promulgated on May 16, 2008 at 40 CFR 

51.166(b)(49)(vi). Note that the EPA 

subsequently promulgated a correction 

to the definition of ‘‘regulated NSR 

pollutant’’ with regard to the way in 

which condensable particulate matter is 

to be addressed with regard to emissions 

of PM at 40 CFR 51.166(b)(49)(i)(a). The 

correction clarified that permit 

applicants are not required to consider 

the condensable portion of particulate 

matter in applicability determinations 

and in establishing emission limitations 

concerning ‘‘PM emissions,’’ a term that 

represents a size range or indicator of 

particulate matter not considered to be 

a criteria pollutant. See 77 FR 65107, 

October 25, 2012. Although the ODEQ 

revisions do not reflect this amendment 

of the federal condensable provision, 

the State’s revision to the PSD program 

to address condensable emissions is 

nonetheless approvable as it is more 

stringent than the current federal 

requirements for regulating 

condensibles as modified by the EPA in 

the October 25, 2012 final rule. 

Based on the analysis presented 

below and in our accompanying TSD, 

the EPA is also proposing to find that 

the February 6, 2012, revision to the 

Oklahoma NNSR permitting program 

includes all of the NNSR requirements 


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4 706 F.3d 428 (D.C. Cir. 2013). 

5The 2007 implementation rule also addressed by 

the NRDC decision does not address any NSR 

requirements and is therefore not addressed by this 

rulemaking. 

of the NSR PM2.5 Implementation Rule 

for the following reasons: 

• Regulation of Direct PM2.5 and 

Precursors: The revised definition of 

‘‘regulated NSR pollutant’’ at OAC 

252:100–8–51 is consistent with the 

federal definition of ‘‘regulated NSR 

pollutant’’ at 40 CFR 

51.165(a)(1)(xxxvii) and identifies 

precursors to PM2.5 in nonattainment 

areas. With respect to PM2.5, the revised 

definition of ‘‘regulated pollutant’’ at 

OAC 252:100–8–51 identifies sulfur 

dioxide and nitrogen oxides as regulated 

PM2.5 precursors while volatile organic 

compounds (VOCs) and ammonia are 

not regulated PM2.5 precursors in PM2.5

nonattainment areas in Oklahoma. We 

note there are currently no PM2.5

nonattainment areas in Oklahoma. 

• Establish SERs: The February 6, 

2012, submittal incorporates by 

reference the definition of ‘‘significant’’ 

at 40 CFR 51.165(a)(1) as it exists on 

July 1, 2011, and will therefore include 

significant emission rates for direct 

PM2.5 and for sulfur dioxide and 

nitrogen oxides as PM2.5 precursors as 

promulgated by the EPA at 40 CFR 

51.165(a)(1)(xxxvii)(C) and (D) on May 

16, 2008. 

• Condensable PM10/PM2.5 Emissions: 

The revised definition of ‘‘regulated 

NSR pollutant’’ at OAC 252:100–8–51 is 

consistent with the federal requirements 

promulgated on May 16, 2008 at 40 CFR 

51.165(a)(1)(xxxvii). 

b. The EPA’s Analysis of the Revisions 

to the Oklahoma PSD and NNSR 

Permitting Program Submittal in Light 

of the Litigation on the May 16, 2008 

NSR PM2.5 Implementation Rule 

On January 4, 2013, the U.S. Court of 

Appeals for the District of Columbia 

Circuit, in Natural Resources Defense 

Council v. EPA 4 issued a decision that 

remanded the EPA’s 2007 and 2008 

rules implementing the 1997 PM2.5

NAAQS. With respect to the 

requirements for implementation of the 

PM2.5 NAAQS in nonattainment areas, 

the Court found that the EPA erred in 

implementing the PM2.5 NAAQS in 

these rules solely pursuant to the 

general implementation provisions of 

subpart 1 of part D of title I of the CAA, 

rather than pursuant to the additional 

implementation provisions specific to 

particulate matter nonattainment areas 

in subpart 4. The Court ordered the EPA 

to ‘‘repromulgate’’ these rules pursuant 

to subpart 4 consistent with this 

opinion.’’ Id. at 437. Subpart 4 of Part 

D, Title I of the CAA establishes 

additional provisions for particulate 

matter nonattainment areas. 

The 2008 PM2.5 NSR Implementation 

Rule addressed by the NRDC decision 

promulgated NSR requirements for 

implementation of PM2.5 in both 

nonattainment areas (NNSR) and 

attainment/unclassifiable areas (PSD).5

As the requirements of subpart 4 only 

pertain to nonattainment areas, the EPA 

does not consider the portions of the 

2008 rule that address requirements for 

PM2.5 in attainment and unclassifiable 

areas to be affected by the court’s 

opinion. Moreover, the EPA does not 

anticipate the need to revise any PSD 

requirements promulgated in the 2008 

NSR PM2.5 Implementation Rule in 

order to comply with the court’s 

decision. Accordingly, the EPA’s 

proposed approval of revisions to the 

Oklahoma SIP with respect to the PSD 

requirements promulgated by the 2008 

NSR PM2.5 Implementation Rule does 

not conflict with the court’s opinion. 

With respect to the nonattainment 

area requirements in affected rules, 

including the NNSR requirements of the 

2008 PM2.5 NSR Implementation Rule, 

on June 2, 2014, the EPA published a 

final rulemaking that begins to address 

the remand of both rules. See 79 FR 

31566. The final rule classifies all 

existing 1997 and 2006 PM2.5 NAAQS 

nonattainment areas as ‘‘Moderate’’ 

nonattainment areas and sets a deadline 

of December 31, 2014, for states to 

submit any SIP submissions, including 

nonattainment NSR SIPs, that may be 

necessary to satisfy the requirements of 

subpart 4, part D, title I of the CAA with 

respect to those 1997 and 2006 PM2.5

NAAQS nonattainment areas. 

In a separate rulemaking process that 

will follow the April 2014 rule, the EPA 

is evaluating the requirements of 

subpart 4 as they pertain to, among 

other things, nonattainment NSR for 

PM2.5 emissions. In particular, subpart 4 

includes section 189(e) of the CAA, 

which requires the control of major 

stationary sources of PM10 precursors 

‘‘except where the Administrator 

determines that such sources do not 

contribute significantly to PM10 levels 

which exceed the standard in the area.’’ 

Under the court’s decision in NRDC, 

section 189(e) of the CAA also applies 

to PM2.5. 

Notably, Oklahoma does not have any 

areas designated as nonattainment 

under either the 1997 or the 2006 PM2.5

NAAQS. The obligation for a state to 

submit a plan addressing PM2.5

nonattainment NSR permitting 

requirements under CAA section 

189(a)(1)–(2) only attaches when an area 

within a state has been designated 

nonattainment. Accordingly, Oklahoma 

is not required at this time to make any 

submissions addressing PM2.5

nonattainment NSR permitting. The 

December 31, 2014, deadline for states 

to make any additional submission 

necessary to address the requirements of 

subpart 4 as to the 1997 and 2006 PM2.5

NAAQS, including addressing the 

regulation of PM2.5 precursors pursuant 

to section 189(e), does not apply to 

Oklahoma. 

Nonetheless, as discussed above in 

our evaluation of the NNSR Definitions 

at OAC 252:100–8–51, the State of 

Oklahoma submitted a revision to the 

Oklahoma SIP on February 6, 2012, 

which included revisions to definitions 

in the Oklahoma NNSR Permitting 

Program to address PM2.5. The revised 

definition of ‘‘regulated NSR pollutant’’ 

at OAC 252:100–8–51 is consistent with 

the federal definition of ‘‘regulated NSR 

pollutant’’ at 40 CFR 

51.165(a)(1)(xxxvii) and identifies 

precursors to PM2.5 in nonattainment 

areas. With respect to PM2.5, the revised 

definition of ‘‘regulated pollutant’’ at 

OAC 252:100–8–51 identifies sulfur 

dioxide and nitrogen oxides as regulated 

PM2.5 precursors while volatile organic 

compounds (VOCs) and ammonia are 

not regulated PM2.5 precursors in PM2.5

nonattainment areas in Oklahoma. The 

February 6, 2012, submittal incorporates 

by reference the definition of 

‘‘significant’’ at 40 CFR 51.165(a)(1) as 

it exists on July 1, 2011, and will 

therefore include significant emission 

rates for direct PM2.5 and for sulfur 

dioxide and nitrogen oxides as PM2.5

precursors. These revisions, although 

consistent with the 2008 NSR Rule as 

developed consistent with subpart 1 of 

the Act, may not contain the elements 

necessary to satisfy the CAA 

requirements when evaluated under the 

subpart 4 statutory requirements in the 

event an area in Oklahoma is designated 

nonattainment in the future. In 

particular, Oklahoma’s submission does 

not include regulation of VOCs and 

ammonia as PM2.5 precursors, nor does 

it include a demonstration consistent 

with section 189(e) showing that major 

sources of those precursor pollutants 

would not contribute significantly to 

PM2.5 levels exceeding the standard in 

the area. For these reasons, the EPA 

cannot conclude at this time that this 

part of the Oklahoma NNSR submission 

satisfies all of the requirements of 

subpart 4 as they pertain to PM2.5 NNSR 

permitting. However, because PM2.5


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levels in Oklahoma do not currently 

exceed the standard, it is not necessary 

for the Oklahoma NNSR SIP at this time 

to fully address the requirements under 

CAA section 189. In the event that an 

area is designated nonattainment for the 

2012 PM2.5 NAAQS or any other future 

PM2.5 NAAQS, Oklahoma will have a 

deadline under section 189(a)(2) of the 

CAA to make a submission addressing 

the statutory requirements as to that 

area, including the requirements in 

section 189(e) that apply to the 

regulation of PM2.5 precursors. 

The revisions to Oklahoma’s NNSR 

rule are not required by the statute at 

this time, nor do the revisions contain 

all of the necessary elements to satisfy 

the CAA requirements when evaluated 

under the subpart 4 provisions; 

however, the revisions represent an 

enhancement of the currently SIPapproved Oklahoma NNSR Permitting 

Program, which does not address PM2.5

or its precursors at all. For these 

reasons, the EPA is proposing to 

approve the NNSR revisions at OAC 

252:100–8–51 as submitted on February 

6, 2012. We note that only SO2 and NOX

will be regulated as PM2.5 precursors 

under the Oklahoma NNSR program. 

c. PSD for PM2.5—Increments, SILs, and 

SMC Rule 

The EPA finalized the PSD for PM2.5— 

Increments, SILs and SMC Rule to 

provide additional regulatory 

requirements under the PSD SIP 

program regarding the implementation 

of the PM2.5 NAAQS. See 75 FR 64864. 

The PSD for PM2.5—Increments, SILs 

and SMC Rule required states to submit 

SIP revisions to EPA by July 20, 2012, 

adopting provisions equivalent to or at 

least as stringent as the PM2.5 PSD 

increments and the associated 

implementing regulations promulgated 

pursuant to section 166(a) of the CAA. 

More detail on the PSD for PM2.5— 

Increments, SILs and SMC Rule can be 

found in the EPA’s October 20, 2010 

final rule. See 75 FR 64864. 

With respect to the requirement that 

revisions to the PSD program must 

include the increment component of the 

PSD for PM2.5—Increments, SILs and 

SMC Rule, the ODEQ has adopted the 

required PM2.5 increments at OAC 

252:100–3–4 that are at least as stringent 

as those promulgated by the EPA on 

October 20, 2011. The ODEQ further 

adopted revisions to definitions of 

‘‘baseline area,’’ ‘‘major source baseline 

date,’’ and ‘‘minor source baseline date’’ 

at OAC 252:100–8–31 that are required 

for the implementation of the PM2.5

increment at least as stringent as 

regulations promulgated by the EPA on 

October 20, 2011. The ODEQ also 

correctly updated the source impact 

analysis requirements at OAC 252:100– 

8–35(a)(1) and the provisions for 

sources impacting Class I areas at OAC 

252:100–8–36 consistent with the 

requirements at 40 CFR 51.166(k)(1) and 

40 CFR 51.166(p), respectively, 

promulgated by the EPA on October 20, 

2011. The EPA is proposing to find that 

the Oklahoma PSD program and the 

Oklahoma SIP now includes the 

required PM2.5 increments and 

associated implementing regulations, 

and these provisions are applicable 

requirements for sources and 

modifications that are major for PM2.5

and/or the identified precursors of SO2

and NOX. 

With respect to the NNSR Program, 

the October 20, 2010 final rule also 

codified the PM2.5 SILs in the EPA’s 

regulations on new source review and 

permitting requirements at 40 CFR 

51.165(b)(2). Unlike the PSD regulations 

(40 CFR 51.166 and 40 CFR 52.21), 40 

CFR 51.165(b)(2) does not use the SILs 

to exempt a source from conducting 

cumulative air quality analysis. Instead, 

40 CFR 51.165(b)(2) states that a 

proposed source or modification will be 

considered to cause a violation of a 

NAAQS when that source or 

modification would, at a minimum 

exceed the SIL in any area that does not 

or would not meet the applicable 

NAAQS. The revisions at OAC 252:100– 

8–52(a) incorporate by reference the 

federal requirements for SILs at 40 CFR 

51.165(b)(2) as of December 20, 2010. 

d. The EPA’s Analysis of the Revisions 

to the Oklahoma PSD Program in Light 

of the Litigation on the October 20, 2010 

PSD for PM2.5—Increments, SILs and 

SMC Rule 

The EPA’s October 20, 2010 PSD for 

PM2.5—Increments, SILs and SMC Rule 

also provided that states could 

discretionarily choose to adopt and 

submit for EPA approval PM2.5 SILs, 

used as a screening tool to evaluate the 

impact a proposed new major source or 

major modification may have on the 

NAAQS or PSD increment, and/or a 

PM2.5 SMC (also a screening tool) to 

determine the subsequent level of 

ambient air monitoring data gathering 

required for a PSD permit application 

for emissions of PM2.5. 

On January 22, 2013, the U.S. Court 

of Appeals for the District of Columbia 

granted a request from the EPA to vacate 

and remand to the EPA portions of the 

federal PSD regulations (40 CFR 

51.166(k)(2) and 52.21(k)(2)) setting 

forth provisions for implementing SILs 

for PM2.5 so that the EPA could 

reconcile the inconsistency between the 

regulatory text and certain statements in 

the preamble to the 2010 final rule. 

Sierra Club v. EPA, 705 F.3d 458, 463– 

64 (D.C. Cir. 2013). The court declined 

to vacate the different portions of the 

federal PSD regulations (40 CFR 

51.165(b)(2)) for implementing SILs for 

PM2.5 that did not contain the same 

inconsistency in the regulatory text. Id. 

at 465–66. The court further vacated the 

portions of the PSD regulations (40 CFR 

51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c)) 

implementing a PM2.5 SMC, finding that 

the EPA lacked legal authority to adopt 

and use the PM2.5 SMC to exempt 

permit applicants from the statutory 

requirement to compile and submit 

ambient monitoring data. Id. at 468–69. 

On December 9, 2013, the EPA issued a 

good cause final rule formally removing 

the affected PSD SILs and SMC 

provisions from the CFR. See 78 FR 

73698. 

Oklahoma has adopted and submitted 

provisions to establish the PM2.5 SIL at 

OAC 252:100–8–35(a)(2) and the PM2.5

SMC at OAC 252:100–8–33(c)(1)(C) in 

the Oklahoma PSD program. The EPA is 

severing these discretionary provisions 

from this action; we will address these 

submitted provisions in a separate 

action at a later date. 

The court ruling and the EPA’s 

subsequent good cause final rulemaking 

only addressed the PSD revisions of the 

October 20, 2010, final rule; therefore 

there will be no impact on the 

submitted revisions to the Oklahoma 

NNSR program. 

5. EPA’s GHG Tailoring Rule 

On June 3, 2010, the EPA published 

a final rule, known as the Tailoring 

Rule, which phased in permitting 

requirements for greenhouse gas (GHG) 

emissions from stationary sources under 

the CAA PSD and title V permitting 

programs (75 FR 31514). Under its 

interpretation of the CAA at the time, 

the EPA believed the Tailoring Rule was 

necessary to avoid a sudden and 

unmanageable increase in the number of 

sources that would be required to obtain 

PSD and title V permits under the CAA 

because the sources emitted or had the 

potential to emit GHGs above the 

applicable major source and major 

modification thresholds. 

In Step 1 of the Tailoring Rule, which 

began on January 2, 2011, the EPA 

limited application of PSD and title V 

requirements for GHGs to sources that 

were subject to PSD or title V ‘‘anyway’’ 

due to their emissions of non-GHG 

pollutants. These sources are referred to 

as ‘‘anyway sources.’’ In Step 2 of the 

Tailoring Rule, which began on July 1, 

2011, the EPA applied the PSD and title 

V permitting requirements under the 

CAA to sources that were classified as 


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major, and, thus, required to obtain a 

permit, based solely on their GHG 

emissions or potential to emit GHGs, 

and to modifications of major sources 

that required a PSD permit because they 

increased only GHG emissions above 

the threshold level in the EPA 

regulations. On June 23, 2014, the U.S. 

Supreme Court issued a decision in 

Utility Air Regulatory Group (UARG) v. 

EPA, 134 S. Ct. 2427, addressing the 

application of stationary source 

permitting requirements to GHGs. The 

U.S. Supreme Court held that the EPA 

may not treat GHGs as an air pollutant 

for the specific purpose of determining 

whether a source is a major source (or 

a modification thereof) and thus 

required to obtain a PSD or title V 

permit. With respect to PSD, the ruling 

effectively upheld the PSD permitting 

requirements for GHG emissions under 

Step 1 of the Tailoring Rule for ‘‘anyway 

sources,’’ and invalidated the PSD 

permitting requirements for Step 2 

sources. Because the Supreme Court 

decision affirmed in part and reversed 

in part an earlier decision of the D.C. 

Circuit in Coalition for Responsible 

Regulation v. EPA, 684 F.3d 102 (D.C. 

Cir. 2012), on April 10, 2015, the D.C. 

Circuit issued an Amended Judgment 

(Nos. 09–1322, 10–073, 10–1092 and 

10–1167), which reflects the UARG v. 

EPA Supreme Court decision. The D.C. 

Circuit simultaneously issued its 

mandate, which means that the 

Coalition Amended Judgment became 

final and effective upon issuance. In the 

Coalition Amended Judgment, the D.C. 

Circuit ordered that the EPA regulations 

under review (including 40 CFR 

51.166(b)(48)(v) and 40 CFR 

52.21(b)(49)(v)) be vacated to the extent 

they require a stationary source to 

obtain a PSD permit if GHGs are the 

only pollutant (i) that the source emits 

or has the potential to emit above the 

applicable major source thresholds, or 

(ii) for which there is a significant 

emissions increase from a modification. 

The D.C. Circuit also ordered that the 

regulations under review be vacated to 

the extent they require a stationary 

source to obtain a title V permit solely 

because the source emits or has the 

potential to emit GHGs above the 

applicable major source thresholds, and 

that the EPA consider further phasing in 

the GHG permitting requirements at 

lower GHG emission thresholds (in 

particular 40 CFR 52.22 and 40 CFR 

70.12, 71.13). 

In response to the Coalition Amended 

Judgment, the EPA promulgated a good 

cause final rule on August 19, 2015, 

removing the PSD permitting provisions 

for Step 2, non-anyway sources from the 

federal regulations at 40 CFR 

51.166(b)(48)(v) and 52.21(b)(49)(v). The 

EPA no longer has the authority to 

regulate Step 2, non-anyway sources, 

nor can we approve provisions in a state 

regulation providing this authority. We 

anticipate future federal rulemakings to 

address the remainder of the UARG and 

Coalition judgments. We further 

anticipate that these federal rulemaking 

actions will necessitate revisions to the 

existing PSD regulations in SIPapproved states. 

The ODEQ submitted revisions to the 

Oklahoma SIP addressing the regulation 

and permitting of GHGs on February 6, 

2012 and January 18, 2013. The EPA 

finds that the provisions for Step 1 

permitting submitted on February 6, 

2012, at OAC 252:100–8–31, definition 

of ‘‘subject to regulation,’’ 

subparagraphs (A), (B), (C), (D), and (F) 

are consistent with federal requirements 

for Step 1 GHG Permitting at 40 CFR 

51.166(b)(48). Additionally, the 

February 6, 2012 submittal included 

revisions to the general definitions at 

OAC 252:100–1–3 to include new 

definitions for CO2e and GHG consistent 

with the federal PSD definitions at 40 

CFR 51.166(b)(48)(ii)(a) and 

51.166(b)(48)(i), respectively. 

On May 23, 2016, the EPA 

promulgated our final disapproval of the 

provisions for Step 2 permitting 

submitted on February 6, 2012 and the 

revisions submitted on January 18, 2013 

to implement the GHG Biomass 

Deferral. See 81 FR 32239. 

a. EPA’s Analysis of the Approvability 

of the Oklahoma PSD Automatic 

Rescission Provisions for GHGs 

Oklahoma’s February 6, 2012, SIP 

submittal adds automatic rescission 

provisions to the State’s PSD regulations 

at OAC 252:8–100–36.2, definition of 

‘‘subject to regulation,’’ subparagraph 

(F). The automatic rescission provisions 

provide that in the event that federal 

legislation or a federal court determines 

that a portion of the EPA’s tailoring rule, 

endangerment finding, or light-duty 

vehicle GHG standard is unenforceable, 

that provision will be enforceable in the 

Oklahoma PSD program only to the 

extent that it is enforceable by the EPA. 

The EPA is proposing to approve the 

Oklahoma automatic rescission 

provisions. In assessing the 

approvability of this severability 

provision, the EPA considers two key 

factors: (1) Whether the public will be 

given reasonable notice of any change to 

the SIP that occurs as a result of the 

automatic rescission provisions, and (2) 

whether any future change to the SIP 

that occurs as a result of the automatic 

rescission provisions would be 

consistent with the EPA’s interpretation 

of the effect of the triggering action on 

federal GHG permitting requirements. 

See e.g., 79 FR 8130 (February 11, 2014) 

and 77 FR 12484 (March 1, 2012). These 

criteria are derived from the SIP 

revision procedures set forth in the CAA 

and federal regulations. 

Regarding public notice, CAA section 

110(l) provides that any revision to a 

SIP submitted by a State to EPA for 

approval ‘‘shall be adopted by such 

State after reasonable notice and public 

hearing.’’ In accordance with CAA 

section 110(l), ODEQ followed 

applicable notice-and-comment 

procedures prior to adopting the 

automatic rescission provisions. Thus, 

the public is on notice that the 

automatic rescission provisions in the 

Oklahoma PSD program will enable the 

Oklahoma PSD program and the 

Oklahoma SIP to update automatically 

to reflect any order by a federal court or 

any change in federal law that limits or 

renders ineffective the regulation of 

GHGs under the CAA’s PSD permitting 

program. In a letter dated April 22, 

2016, the ODEQ has stated that it would 

provide notice to the general public and 

regulated community of the changes to 

the Oklahoma PSD program in the event 

of any change in the federal permitting 

requirements for GHGs. 

The EPA’s consideration of whether 

any SIP change resulting from 

Oklahoma’s automatic rescission 

provisions would be consistent with our 

interpretation of the effect of the 

triggering action on federal GHG 

permitting requirements is based on 40 

CFR 51.105, which states that 

‘‘[r]evisions of a plan, or any portion 

thereof, will not be considered part of 

an applicable plan until such revisions 

have been approved by the 

Administrator in accordance with this 

part.’’ To be consistent with 40 CFR 

51.105, any automatic SIP change 

resulting from a court order or federal 

law change must be consistent with the 

EPA’s interpretation of the effect of such 

order or federal law change on GHG 

permitting requirements. We interpret 

this provision to mean that Oklahoma 

will wait for and follow the EPA’s 

interpretation as to the impact of any 

federal law change or the D.C. Circuit or 

the U.S. Supreme Court issues an order 

before Oklahoma’s SIP would be 

changed. In the event of a court decision 

or federal law change that triggers (or 

likely triggers) application of 

Oklahoma’s automatic rescission 

provisions, the EPA intends to promptly 

describe the impact of the court 

decision or federal law change on the 

enforceability of its GHG permitting 

regulations. The EPA invites comment, 


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particularly from the State, regarding 

this interpretation. 

6. PSD and NNSR: Reconsideration of 

Inclusion of Fugitive Rule and 

Subsequent EPA-Stays 

On December 19, 2008, the EPA 

issued a final rule revising the 

requirements of PSD and NNSR program 

regarding the treatment of fugitive 

emissions (Fugitive Emissions Rule, 73 

FR 77882). The Fugitive Emissions Rule 

required fugitive emissions to be 

included in determining whether a 

physical or operational change results in 

a major modification only for sources in 

industries that have been designated 

through rulemaking under section 302(j) 

of the CAA. Previously, the EPA rules 

required that fugitive emissions be 

included in major modification 

applicable determinations for all source 

categories. 

On February 17, 2009, the Natural 

Resources Defense Council (NRDC) 

submitted a petition for reconsideration 

of the December 2008 Fugitive 

Emissions Rule. On April 24, 2009, the 

EPA responded to the petition by letter 

indicating we were convening a 

reconsideration proceeding for the 

December 2008 Fugitive Emissions Rule 

and granted a 3-month administrative 

stay of the rule provisions. The initial 3- 

month administrative stay of the 

Fugitive Emissions Rule became 

effective on September 30, 2009. See 74 

FR 50115. An interim final rule 

extending the administrative stay for an 

additional 3 months became effective on 

December 31, 2009. See 74 FR 5265692. 

An additional 18 month stay was 

finalized on March 31, 2010. See 75 FR 

16012. The EPA finalized a final rule on 

March 30, 2011, titled PSD and NNSR: 

Reconsideration of Inclusion of Fugitive 

Rule. See 76 FR 17548. This final action 

stayed indefinitely the provisions of the 

December 2008 Fugitive Emissions 

Rule. As such, the Oklahoma PSD and 

NNSR programs must consider fugitive 

emissions in the major modification 

applicability determinations for all 

source categories. 

Following is a summary of how the 

Oklahoma PSD program addresses 

fugitive emissions consistent with the 

current PSD requirements. 

• The Oklahoma PSD program does 

not include the revisions to ‘‘major 

modification’’ or ‘‘net emissions 

increase’’ promulgated by the EPA in 

the December 2008 Fugitive Emissions 

Rule at 40 CFR 51.166(b)(2)(v) or 40 CFR 

51.166(b)(3)(iii)(d), respectively. As 

such, the Oklahoma PSD program does 

not include the provisions that are 

indefinitely stayed. 

• The Oklahoma PSD program 

continues to require fugitive emissions 

to be included in the major modification 

applicability determinations for all 

source categories. 

• The Oklahoma SIP at OAC 252:100– 

1–3 includes the definition of ‘‘fugitive 

emissions’’ consistent with the federal 

definition at 40 CFR 51.166(b)(20). 

• The definition of ‘‘projected actual 

emissions’’ at OAC 252:100–8–31 in the 

Oklahoma PSD program has been 

revised to include fugitive emissions to 

the extent quantifiable and emissions 

associated with startups, shutdowns, 

and malfunctions. This definition has 

also been revised to allow for the use of 

the emission unit’s potential to emit in 

TPY consistent with 40 CFR 

51.166(b)(40)(ii)(b) and (d). 

• The definition of ‘‘baseline actual 

emissions’’ at OAC 252:100–8–31 in the 

Oklahoma PSD program has been 

revised to include fugitive emissions to 

the extent quantifiable for any existing 

electric utility steam generating unit 

(EUSGU) and any existing emissions 

unit other than an EUSGU consistent 

with 40 CFR 51.166(b)(47)(i)(a) and 

(ii)(a). This definition has also been 

revised to address the requirements for 

calculating baseline actual emissions for 

a new emissions unit consistent with 40 

CFR 51.166(b)(47)(iii). This definition 

has also been revised to address the 

requirements for calculating baseline 

actual emissions or a PAL consistent 

with 40 CFR 51.166(b)(47)(iv). 

• The Oklahoma SIP at OAC 252:100– 

8–33(a)(1)(B) includes the exemption at 

40 CFR 51.166(i)(1)(ii). 

• The source obligation provisions at 

OAC 252:100–8–36.2(c) for the 

requirements when using projected 

actual emissions are consistent with the 

obligation provisions found at 40 CFR 

51.166(r)(6)(i)–(v). Note that the 

Oklahoma PSD program does not 

include the reasonable possibility 

provisions at 40 CFR 51.166(r)(6)(vi). 

Rather, the Oklahoma PSD program 

requires all sources using the ‘‘projected 

actual emissions’’ methodology to 

maintain records consistent with 40 

CFR 51.166(r)(6). This is more stringent 

than federal requirements and is 

therefore approvable. 

• The Oklahoma PSD program 

incorporates by reference the PSD PALs 

provisions at 40 CFR 51.166(w) as of 

July 2, 2007. However, the definition of 

‘‘baseline actual emissions’’ for PALs is 

not part of this incorporation by 

reference. Per OAC 252:100–8–31 

definition of ‘‘baseline actual 

emissions,’’ paragraph (E) for a PAL 

stationary source, the baseline actual 

emissions for an EUSGU or other 

existing emissions units other than an 

EUSGU shall be calculated using the 

general Oklahoma PSD definition of 

‘‘baseline actual emissions’’ at OAC 

252:100–8–31 and therefore will include 

fugitive emissions to the extent 

quantifiable. 

Following is a summary of how the 

Oklahoma NNSR program addresses 

fugitive emissions. 

• The Oklahoma NNSR program does 

not include the revisions to ‘‘major 

modification’’ or ‘‘net emissions 

increase’’ promulgated by the EPA in 

the December 2008 Fugitive Emissions 

Rule at 40 CFR 51.165(a)(1)(v)(G) or 40 

CFR 51.165(a)(1)(vi)(C)(3), respectively. 

As such, the Oklahoma NNSR program 

does not include the provisions that are 

indefinitely stayed. 

• The Oklahoma NNSR program 

continues to require fugitive emissions 

to be included in the major modification 

applicability determinations for all 

source categories. 

• The Oklahoma NNSR program at 

OAC 252:100–8–51 incorporates by 

reference the federal NNSR definitions 

for ‘‘major stationary source,’’ ‘‘fugitive 

emissions,’’ and ‘‘projected actual 

emissions’’ as of July 1, 2010. The 

Oklahoma NNSR program does not IBR 

the definition of ‘‘baseline actual 

emissions,’’ rather the NNSR program 

relies on the Oklahoma PSD definition 

at OAC 252:100–8–31 for the definition 

of ‘‘baseline actual emissions.’’ 

• The applicability provisions at OAC 

252:100–8–50 have been evaluated 

elsewhere in this TSD and determined 

to be consistent with federal 

requirements for NNSR. 

• The Oklahoma NNSR program at 

OAC 252:100–8–53 incorporates by 

reference the requirements of 40 CFR 

51.165(a)(4) regarding the exemption of 

fugitive emissions in determining 

whether a source or modification is 

major as of July 2, 2007. The Oklahoma 

NNSR program source obligations at 

OAC 252:100–8–55 incorporates by 

reference the requirements of 40 CFR 

51.165(a)(6)(i) through (v) as of July 2, 

2007. Additionally the Oklahoma NNSR 

program at OAC 252:100–8–57 

incorporates by reference the 

requirements at 40 CFR 51.165(f) 

regarding actuals PALs as of July 2, 

2007. 

D. Evaluation Under Section 110(l) of 

the CAA 

Under Section 110(l), the EPA cannot 

propose to approve a SIP revision that 

has not been developed with reasonable 

notice and public hearing. Nor can we 

propose to approve a revision that will 

worsen air quality. The submitted 

revisions to the Oklahoma SIP were 

developed using the Oklahoma SIPVerDate Sep<11>2014 18:10 Jun 29, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\30JNP1.SGM 30JNP1

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approved process with adequate notice 

and comment procedures. Our analysis 

also indicates that the revisions to the 

major source PSD and NNSR permitting 

programs are necessary to maintain 

consistency with federal permitting 

requirements. The revisions to the 

general Oklahoma SIP requirements are 

necessary to implement the major 

source permitting programs. As such, 

we find that the revisions to the 

Oklahoma PSD and NNSR programs and 

the General SIP requirements will 

support the state’s air quality programs 

and will not interfere with attainment, 

reasonable further progress or any other 

applicable requirements of the CAA. 

Therefore, the EPA proposes to find that 

the revisions to the Oklahoma SIP 

submitted on June 24, 2010; July 16, 

2010; December 27, 2010; February 6, 

2012; and January 18, 2013 will not 

result in degradation of air quality. 

III. Proposed Action 

For the reasons presented above and 

in our accompanying TSD, the EPA 

proposes to approve the severable 

revisions to the Oklahoma SIP 

submitted on June 24, 2010; July 16, 

2010; December 27, 2010; February 6, 

2012; and January 18, 2013. We have 

made the preliminary determination 

that the revisions were developed and 

submitted in accordance with the 

requirements of the CAA and the EPA’s 

regulations regarding SIP development 

at 40 CFR part 51. Additionally, we 

have determined that the submitted 

revisions to the Oklahoma PSD and 

NNSR programs are consistent with our 

major source permitting regulations at 

40 CFR 51.160–51.166 and the 

associated policy and guidance. 

Therefore, under section 110 and parts 

C and D of the Act, the EPA proposes 

to fully approve into the Oklahoma SIP 

the following revisions: 

TABLE 1—REVISIONS TO THE OKLAHOMA SIP PROPOSED FOR APPROVAL

Section Title Effective date Submittal date 

OAC 252:100–1–1 ......................................... General Provisions, Purpose ....................... June 12, 2003 ............... July 16, 2010. 

OAC 252:100–1–2 ......................................... General Provisions, Statutory definitions ..... June 12, 2003 ............... July 16, 2010. 

OAC 252:100–1–3 ......................................... General Provisions, Definitions .................... June 12, 2003 ...............

July 1, 2008 ..................

July 1, 2009 ..................

June 15, 2006 ...............

July 1, 2011 ..................

July 1, 2012 ..................

July 16, 2010. 

July 16, 2010. 

July 16, 2010. 

July 16, 2010. 

February 6, 2012. 

January 18, 2013. 

OAC 252:100–1–4 ......................................... General Provisions, Units, Abbreviations 

and acronyms.

June 12, 2003 ...............

July 1, 2009 ..................

July 1, 2011 ..................

July 16, 2010. 

July 16, 2010. 

February 6, 2012. 

OAC 252:100–2–1 ......................................... Incorporation by Reference (IBR) Purpose .. July 1, 2012 .................. January 18, 2013. 

OAC 252:100–2–3 ......................................... IBR, Incorporation by Reference .................. July 1, 2012 .................. January 18, 2013. 

OAC 252:100–3–4 ......................................... Air Quality Standards and Increments, Significant Deterioration Increments.June 15, 2005 ...............

July 1, 2011 ..................

December 27, 2010. 

February 6, 2012. 

OAC 252:100, Appendix P ............................ Regulated Air Pollutants ............................... June 15, 2007 ............... July 16, 2010. 

OAC 252:100, Appendix Q ............................ Incorporation by Reference .......................... July 1, 2009 ..................

July 1, 2012 ..................

July 16, 2010. 

January 18, 2013. 

OAC 252:100–5–1.1 ...................................... Definitions ..................................................... June 15, 2007 ............... July 16, 2010. 

OAC 252:100–5–2.1 ...................................... Emission Inventory ....................................... June 11, 2004 ...............

June 15, 2007 ...............

July 16, 2010. 

July 16, 2010 

OAC 252:100–8–1.1 ...................................... General Provisions, Definitions .................... June 15, 2006 ............... July 16, 2010. 

OAC 252:100–8–30 ....................................... Prevention of Significant Deterioration 

(PSD) Requirements for Attainment 

Areas, Applicability.

June 1, 2009 .................

June 15, 2006 ...............

June 24, 2010. 

July 16, 2010. 

OAC 252:100–8–31 ....................................... PSD, Definitions ........................................... June 1, 2009 .................

June 15, 2006 ...............

July 1, 2011 ..................

July 1, 2012 ..................

June 24, 2010. 

July 16, 2010. 

February 6, 2012. 

January 18, 2013. 

OAC 252:100–8–32 ....................................... PSD, Source Applicability Determination ..... REVOKED June 15, 

2006.

REVOKED July 16, 

2010. 

OAC 252:100–8–32.1 .................................... PSD Ambient Air Increments and Ceilings .. June 15, 2006 ............... July 16, 2010. 

OAC 252:100–8–32.2 .................................... PSD Exclusion from Increment Consumption.June 15, 2006 ............... July 16, 2010. 

OAC 252:100–8–32.3 .................................... PSD Stack Heights ....................................... June 15, 2006 ............... July 16, 2010. 

OAC 252:100–8–33 ....................................... PSD, Exemptions ......................................... June 1, 2009 .................

June 15, 2006 ...............

July 1, 2011 ..................

July 1, 2012 ..................

June 24, 2010. 

July 16, 2010. 

February 6, 2012. 

January 18, 2013. 

OAC 252:100–8–34 ....................................... PSD, Control Technology Review ................ June 15, 2006 ............... July 16, 2010. 

OAC 252:100–8–35 ....................................... PSD Air Quality Impact Evaluation .............. June 15, 2006 ...............

July 1, 2011 ..................

July 16, 2010. 

February 6, 2012. 

OAC 252:100–8–35.1 .................................... PSD Source Information .............................. June 15, 2006 ............... July 16, 2010. 

OAC 252:100–8–35.2 .................................... PSD Additional Impact Analyses ................. June 15, 2006 ............... July 16, 2010. 

OAC 252:100–8–36 ....................................... PSD Source Impacting Class I Areas .......... June 15, 2006 ............... July 16, 2010. 

OAC 252:100–8–36.2 .................................... PSD Source Obligation ................................ June 15, 2006 ............... July 16, 2010. 

OAC 252:100–8–37 ....................................... PSD, Innovative Control Technology ........... June 1, 2009 .................

June 15, 2006 ...............

June 24, 2010. 

July 16, 2010. 

OAC 252:100–8–38 ....................................... PSD, Actuals PAL ........................................ June 1, 2009 .................

June 15, 2006 ...............

June 24, 2010. 

July 16, 2010. 

OAC 252:100–8–39 ....................................... PSD Severability .......................................... June 15, 2006 ............... July 16, 2010. 

OAC 252:100–8–50 ....................................... Majors Affecting Nonattainment Areas 

(NNSR), Applicability.

June 1, 2009 .................

June 15, 2006 ...............

June 24, 2010. 

July 16, 2010. 


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TABLE 1—REVISIONS TO THE OKLAHOMA SIP PROPOSED FOR APPROVAL—Continued 

Section Title Effective date Submittal date 

OAC 252:100–8–50.1 .................................... NNSR, Incorporation by Reference ............. June 1, 2009 .................

June 15, 2006 ...............

July 1, 2011 ..................

June 24, 2010. 

July 16, 2010. 

February 6, 2012. 

OAC 252:100–8–51 ....................................... NNSR, Definitions ........................................ June 1, 2009 .................

June 15, 2006 ...............

July 1, 2011 ..................

June 24, 2010. 

July 16, 2010. 

February 6, 2012. 

OAC 252:100–8–51.1 .................................... NNSR Emission reductions and offsets ....... June 15, 2006 ...............

July 1, 2011 ..................

July 1, 2012 ..................

July 16, 2010. 

February 6, 2012. 

January 18, 2013. 

OAC 252:100–8–52 ....................................... NNSR, Applicability determination for 

sources in attainment areas causing or 

contributing to NAAQS violations.

June 1, 2009 .................

June 15, 2006 ...............

July 1, 2011 ..................

June 24, 2010. 

July 16, 2010. 

February 6, 2012. 

OAC 252:100–8–53 ....................................... NNSR, Exemptions ...................................... June 1, 2009 .................

June 15, 2006 ...............

June 24, 2010. 

July 16, 2010. 

OAC 252:100–8–54 ....................................... NNSR Requirements for sources located in 

nonattainment areas.

June 15, 2006 ............... July 16, 2010. 

OAC 252:100–8–54.1 .................................... NNSR, Ozone and PM10 precursors ............ June 1, 2009 ................. June 24, 2010. 

OAC 252:100–8–55 ....................................... NNSR, Source Obligation ............................ June 1, 2009 .................

June 15, 2006 ...............

June 24, 2010. 

July 16, 2010. 

OAC 252:100–8–56 ....................................... NNSR, Actuals PAL ..................................... June 1, 2009 .................

June 15, 2006 ...............

June 24, 2010. 

July 16, 2010. 

OAC 252:100–8–57 ....................................... NNSR Severability ........................................ June 15, 2006 ............... July 16, 2010. 

Upon promulgation of a final 

approval of the proposed revisions to 

address the GHG Step 1 permitting 

requirements, the EPA would also 

remove the provisions at 40 CFR 

52.1929(c), under which the EPA 

narrowed the applicability of the 

Oklahoma PSD program to regulate 

sources consistent with federal 

requirements. The provisions at 40 CFR 

52.1929(c) will no longer be necessary 

when we finalize approval of the State 

regulations into the Oklahoma SIP. 

The EPA is proposing to find that the 

February 6, 2012, revisions to the 

Oklahoma NNSR program address all 

required NNSR elements for the 

implementation of the 1997 and 2006 

PM2.5 NAAQS. We note that the 

Oklahoma NNSR program does not 

include regulation of VOCs and 

ammonia as PM2.5 precursors. However, 

as section 189(e) of the Act requires 

regulation of PM2.5 precursors that 

significantly contribute to PM2.5 levels 

‘‘which exceed the standard in the area’’ 

and Oklahoma does not have a 

designated PM2.5 nonattainment area, 

the revisions addressing only SO2 and 

NOX are not inconsistent with the 

requirements of the CAA. In the event 

that an area is designated nonattainment 

for the 2012 PM2.5 NAAQS, or any other 

future PM2.5 NAAQS, Oklahoma will 

have a deadline under section 189(a)(2) 

of the CAA to make a submission 

addressing the statutory requirements as 

to that area, including the requirements 

in section 189(e) that apply to the 

regulation of PM2.5 precursors. 

The EPA is also proposing a 

ministerial correction to 40 CFR 

52.1920(c) to remove a duplicate entry 

for the SIP approval of OAC 252:100–5– 

1. We propose to remove the first listing 

of this section, and retain the identical 

entry in numerical order under OAC, 

Title 252, Subchapter 5—Registration, 

Emissions Inventory, and Annual 

Operating Fees. 

The EPA invites the public to make 

comments on all aspects of our 

proposed full approval of the revisions 

to the Oklahoma SIP as presented above 

and to submit them by the indicated 

Date. After reviewing the comments 

received, we will make a final 

determination of the approvability of 

the specified revisions to the Oklahoma 

SIP in the Federal Register. 

IV. Incorporation by Reference 

In this action, we are proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, we are 

proposing to incorporate by reference 

revisions to the Oklahoma regulations as 

described in the Proposed Action 

section above. We have made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the EPA Region 6 office. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 


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Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules 42597 

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 proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: June 22, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2016–15618 Filed 6–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0522; FRL–9948–51– 

Region 5] 

Air Plan Approval; Ohio; Removal of 

Stage II Gasoline Vapor Recovery 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the Ohio 

Environmental Protection Agency (Ohio 

EPA) on July 15, 2015 and February 29, 

2016, concerning the state’s Stage II 

vapor recovery (Stage II) program for the 

Cleveland, Cincinnati, and Dayton 

ozone areas in Ohio. The revision 

removes Stage II requirements for the 

three areas as a component of the Ohio 

ozone SIP. The submittal also includes 

a demonstration as required by the 

Clean Air Act (CAA) that addresses 

emissions impacts associated with the 

removal of the program. 

DATES: Comments must be received on 

or before August 1, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2015–0522 at http://

www.regulations.gov, or via email to 

persoon.carolyn@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the ‘‘For Further 

Information Contact’’ section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Francisco J. Acevedo, Mobile Source 

Program Manager, Control Strategies 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6061, 

acevedo.francisco@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. Background 

II. What changes have been made to the 

Ohio Stage II vapor recovery program? 

III. What is EPA’s analysis of the state’s 

submittal? 

IV. What action is EPA proposing to take? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

Stage II and onboard refueling vapor 

recovery systems (ORVR) are two types 

of emission control systems that capture 

fuel vapors from vehicle gas tanks 

during refueling. Stage II systems are 

specifically installed at gasoline 

dispensing facilities (GDF) and capture 

the refueling fuel vapors at the gasoline 

pump nozzle. The system carries the 

vapors back to the underground storage 

tank at the GDF to prevent the vapors 

from escaping to the atmosphere. ORVR 

systems are carbon canisters installed 

directly on automobiles to capture the 

fuel vapors evacuated from the gasoline 

tank before they reach the nozzle. The 

fuel vapors captured in the carbon 

canisters are then combusted in the 

engine when the automobile is in 

operation. Stage II and vehicle ORVR 

were initially both required by the 1990 

Amendments to the CAA under sections 

182(b)(3) and 202(a)(6), respectively. In 

some areas Stage II has been in place for 

over 25 years, but Stage II was not 

widely implemented by the states until 

the early to mid-1990s as a result of the 

CAA requirements for moderate, 

serious, severe, and extreme ozone 

nonattainment areas, and for states in 

the Northeast Ozone Transport Region 

(OTR) under CAA section 184(b)(2). 

CAA section 202(a)(6) required EPA 

to promulgate regulations for ORVR for 

light-duty vehicles (passenger cars). 

EPA adopted these requirements in 

1994, at which point moderate ozone 

nonattainment areas were no longer 

subject to the section 182(b)(3) Stage II 

requirement. However, some moderate 

areas retained Stage II requirements to 

provide a control method to comply 

with rate-of-progress emission reduction 

targets. ORVR equipment has been 

phased in for new passenger vehicles 

beginning with model year 1998, and 

starting in 2001 for light-duty trucks and 

most heavy-duty gasoline-powered 

vehicles. ORVR equipment has been 

installed on nearly all new gasolinepowered light-duty vehicles, light-duty 

trucks and heavy-duty vehicles since 

2006. 

During the phase-in of ORVR controls, 

Stage II has provided volatile organic 

compound (VOC) reductions in ozone 

nonattainment areas and certain 

attainment areas of the OTR. Congress 

recognized that ORVR and Stage II 

would eventually become largely 

redundant technologies, and provided 

authority to EPA to allow states to 

remove Stage II from their SIPs after 

EPA finds that ORVR is in widespread 

use. 

Effective May 16, 2012 (77 FR 28772), 

EPA determined that ORVR is in 

widespread nationwide use for control 

of gasoline emissions during refueling of 

vehicles at GDFs. Currently, more than 

75 percent of gasoline refueling 

nationwide occurs with ORVR-equipped 

vehicles, so Stage II programs have 

become largely redundant control 


sradovich on DSK3GDR082PROD with PROPOSALS