Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 / Proposed Rules 54813 

activity, or Treasury has authorized the 

grantee to expend an equal amount from 

the grantee’s own funds for a project or 

program that meets the requirements of 

the Act. 

(b) If Treasury determines that a Gulf 

Coast State, coastal political 

subdivision, or coastal zone parish has 

materially violated a grant agreement 

under the Direct Component, 

Comprehensive Plan Component, or 

Spill Impact Component, Treasury will 

make no additional funds available to 

that grantee from any part of the Trust 

Fund until the grantee corrects the 

violation. 

Richard L. Gregg, 

Fiscal Assistant Secretary. 

[FR Doc. 2013–21595 Filed 9–5–13; 8:45 am] 

BILLING CODE 4810–25–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 

[EPA–R01–OAR–2012–0895; FRL- 9900–85- 

Region1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Maine; 

Oxides of Nitrogen Exemption and 

Ozone Transport Region Restructuring 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of extension of comment 

period. 

SUMMARY: The EPA is announcing an 

extension of the public comment period 

on our proposed Approval and 

Promulgation of Air Quality 

Implementation Plans; Maine; Oxides of 

Nitrogen Exemption and Ozone 

Transport Region Restructuring (August 

5, 2013). The EPA is extending the 

comment period that originally was 

scheduled to end on September 4, 2013. 

The extended comment period will 

close on October 3, 2013. The EPA is 

extending the comment period because 

of a request we received. 

DATES: Comments must be received on 

or before October 3, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2012–0895 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: arnold.anne@epa.gov 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2012–0895,’’ 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100 (mail code: OEP05–2), Boston, 

MA 02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, Suite 100, Boston, MA 

02109–3912. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2012– 

0895. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI 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 in www.regulations.gov or 

in hard copy at Air Quality Planning 

Unit, Office of Ecosystem Protection, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square, Suite 100, Boston, 

MA 02109–3912. EPA requests that if at 

all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:30 to 4:30, excluding 

legal holidays. 

In addition to the publicly available 

docket materials available for inspection 

electronically in the Federal Docket 

Management System at 

www.regulations.gov, and the hard copy 

available at the Regional Office, which 

are identified in the ADDRESSES section 

of this Federal Register, copies of the 

state submittal are also available for 

public inspection during normal 

business hours, by appointment at the 

Bureau of Air Quality Control, 

Department of Environmental 

Protection, First Floor of the Tyson 

Building, Augusta Mental Health 

Institute Complex, Augusta, ME 04333– 

0017. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Burkhart, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100, Boston, MA 02109–3912, 

telephone number (617) 918–1664, fax 

number (617) 918–0664, email 

Burkhart.Richard@epa.gov. 

Dated: August 29, 2013. 

Stephen S. Perkins, 

Acting Regional Administrator, EPA New 

England. 

[FR Doc. 2013–21782 Filed 9–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2013–0552; FRL–9900–67– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Colorado; Construction Permit 

Program Fee Increases; Construction 

Permit Regulation of PM2.5; Regulation 

3 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 


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54814 Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 / Proposed Rules 

SUMMARY: EPA proposes to approve the 

three State Implementation Plan (SIP) 

revision packages submitted by the State 

of Colorado on June 11, 2008, June 18, 

2009, and May 25, 2011. EPA is 

proposing to approve the June 11, 2008 

and June 18, 2009 submittal revisions to 

Regulation 3, Part A, Section VI.D.1., in 

which the State, among other things, 

increased the construction permit 

processing fees. EPA proposes approval 

of Colorado’s May 25, 2011 submittal, 

which addresses regulation of fine 

particulate matter (PM2.5) under 

Colorado’s construction permit program. 

EPA also proposes to approve minor 

editorial changes to Regulation 3, Parts 

A, B, and D in the May 25, 2011 

submittal. This action is being taken 

under section 110 of the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before September 27, 

2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2013–0552, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: komp.mark@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Director, Air Program, 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. 

• Hand Delivery: Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mail Code 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8:00 a.m. to 4:30 p.m., excluding 

federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2013– 

0552. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA, without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to section I, 

General Information, of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Mark Komp, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6022, 

komp.mark@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: The words or initials 

Act or CAA mean or refer to the Clean 

Air Act, unless the context indicates 

otherwise. 

(i) The words EPA, we, us or our mean or 

refer to the United States Environmental 

Protection Agency. 

(ii) The initials NAAQS mean or refer to 

national ambient air quality standards. 

(iii) The initials NSR mean or refer to New 

Source Review. 

(iv) The initials PM mean or refer to 

particulate matter. 

(v) The initials PM2.5 mean or refer to 

particulate matter with an aerodynamic 

diameter of less than 2.5 micrometers (fine 

particulate matter). 

(vi) The initials PSD mean or refer to 

Prevention of Significant Deterioration. 

(vii) The initials SIP mean or refer to State 

Implementation Plan. 

(viii) The initials tpy mean or refer to tons 

per year. 

Table of Contents 

I. General Information 

II. Background 

III. EPA Analysis of State’s Submittals 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. General Information 

What should I consider as I prepare my 

comments for EPA? 

1. Submitting Confidential Business 

Information (CBI). Do not submit CBI to 

EPA through http://www.regulations.gov 

or email. Clearly mark the part or all of 

the information that you claim to be 

CBI. For CBI information on a disk or 

CD–ROM that you mail to EPA, mark 

the outside of the disk or CD–ROM as 

CBI and then identify electronically 

within the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register, date, and page number); 

• Follow directions and organize your 

comments; 

• Explain why you agree or disagree; 

• Suggest alternatives and substitute 

language for your requested changes; 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used; 

• If you estimate potential costs or 

burdens, explain how you arrived at 


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Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 / Proposed Rules 54815 

1On May 23, 2013 (78 FR 30830), we separately 

proposed approval of revisions to Colorado’s 

Prevention of Significant Deterioration (PSD) 

program in Part D of Regulation Number 3 to 

address the requirements for PSD programs set out 

in the 2008 PM2.5 NSR Implementation Rule, 

including recognition of PM2.5 precursors in the 

definition of ‘‘regulated NSR pollutant.’’ 

your estimate in sufficient detail to 

allow for it to be reproduced; 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives; 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats; and 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

The State’s June 11, 2008 and June 18, 

2009 revisions, adopted on October 18, 

2007 and September 18, 2008 

respectively, contain fee increases in 

Part A, Section VI.D.1. of Regulation 3. 

The fee increases for processing 

construction permits reflect increased 

fees in Colorado Revised Statute Section 

25–7–114.7. 

In the State’s May 25, 2011 submittal, 

the State addressed requirements for 

regulation of PM2.5 in the State’s 

construction permit program. In 

particular, Colorado included PM2.5 in 

the ‘‘air pollutant’’ and ‘‘criteria 

pollutant’’ definitions in Part A, 

Sections I.B.6 and I.B.16, and set PM2.5

permitting thresholds in Part B, Sections 

II.D.2 and II.D.3. Sources located in a 

nonattainment area for any criteria 

pollutant are exempt from obtaining a 

construction permit if the source’s 

annual uncontrolled actual emissions of 

PM2.5 are less than one ton per year 

(tpy). In areas that are in attainment for 

all criteria pollutants, sources with 

uncontrolled actual emissions less than 

five tpy are exempt from construction 

permits. 

The State also made minor editorial 

changes throughout Regulation 3, as 

documented in the May 25, 2011 

submittal. Finally, the cover letter for 

the May 25, 2011 submittal indicated 

that the revision addressed the 

exclusion of ethanol production 

facilities from chemical process plants 

in the definition of major stationary 

source. However, as the submittal itself 

reflects, the State of Colorado did not 

submit the exclusion and instead 

deferred any decision on the exclusion 

until all relevant pending matters at the 

federal level are resolved. 

III. EPA Analysis of State’s Submittals 

The State’s June 11, 2008 and June 18, 

2009 revisions contained permitting fee 

increases in Part A, Section VI.D.1. of 

Regulation 3. The State increased its 

fees with the 2008 submittal to $17.97 

per ton for regulated pollutants and 

$119.96 per ton for hazardous air 

pollutants. In the State’s 2009 submittal, 

these fees were increased to $22.90 and 

$152.10, respectively. Section VI.D.1. 

also requires permit processing fees to 

be collected. We note that the Colorado 

Legislature increased the fees for permit 

processing in a 2008 bill that revised 

Colorado Revised Statute Section 25–7– 

114.7 as referenced in Section VI.D.1. 

We consider the new submittal to reflect 

these revised fees. 

Based on EPA’s review of the 

submittals, it appears that Colorado 

intended to replace the first revision of 

fees appearing in the June 11, 2008 with 

the June 18, 2009 submittal. Therefore, 

the latter revision supersedes the earlier 

revision. As of the day of the 2009 

submittal, the Colorado Legislature 

revised the fees in Colorado Revised 

Statute Section 25–7–114.7 as 

referenced in Section VI.D.1. 

However, both submittals contain 

increased emission fees that appear to 

be for the purpose of implementing and 

enforcing the State’s Title V program. 

These emission fee increases are nonSIP regulatory fees and therefore any 

increases are outside the scope of the 

SIP revision process. Conversely, the 

permit processing fees, at least with 

respect to the processing of construction 

permits, are appropriate for approval 

into the SIP. See, CAA Section 

110(a)(2)(L)(i). To the extent these fee 

increases impact processing of 

construction permits, EPA approves the 

increase. 

The May 25, 2011 submittal revised 

the definition of ‘‘air pollutant’’ in Part 

A of Regulation Number 3 to add PM2.5. 

Consistent with EPA’s 2008 PM2.5 New 

Source Review (NSR) Implementation 

Rule (73 FR 28321), the submittal 

revised the definition of ‘‘criteria 

pollutant’’ in Part A to include PM2.5

and to recognize sulfur dioxide and 

nitrogen oxides as precursors to PM2.5. 

With these changes, PM2.5 and its 

precursors are regulated under 

Colorado’s construction permit program 

in Part B of Regulation Number 3.1

The State correspondingly revised 

Part B to reflect regulation of PM2.5. In 

particular, Colorado added emission 

thresholds below which sources of 

PM2.5 are exempt from construction 

permit requirements. In areas which are 

nonattainment for any criteria pollutant, 

facilities with total annual uncontrolled 

emissions of PM2.5 less than one ton per 

year (tpy) are exempt; in areas that are 

in attainment for all criteria pollutants, 

facilities with total annual uncontrolled 

emissions of PM2.5 less than five tpy are 

exempt. These levels are identical to the 

existing PM10 permit thresholds. The 

State also retained the existing 

thresholds for the pollutants identified 

as PM2.5 precursors, sulfur dioxide and 

nitrogen oxides: five tpy in areas which 

are nonattainment for any criteria 

pollutants, and ten tpy in areas that are 

in attainment for all criteria pollutants. 

EPA proposes to approve these 

revisions to Parts A and B. In particular, 

we note that the revised construction 

permit program must be adequate to 

ensure that construction or modification 

of a stationary source will not interfere 

with attainment or maintenance of the 

PM2.5 standards. See 40 CFR 

51.160(a)(2). A technical support 

document provided in the docket for 

this rulemaking reviews monitored 

PM2.5 design values in Colorado since 

2001. As detailed in the document, with 

respect to the PM2.5 standards, air 

quality in Colorado is generally good. 

Based on the combination of this air 

quality data and the particular threshold 

levels selected by Colorado, EPA 

proposes to approve the thresholds. 

In addition, in paragraph III.D.2 of 

Part B, which contains reasonably 

available control technology (RACT) 

requirements for certain new or 

modified minor sources, Colorado 

added sources of volatile organic 

compounds (VOCs). This responded to 

Colorado’s previous removal of these 

sources, which would have relaxed the 

stringency of the SIP. As Colorado’s 

reinstatement of VOC sources restores 

this provision to its previous state, we 

propose to approve the change. 

The cover letter to Colorado’s May 25, 

2011 submittal identified the specific 

regulations the State requested that EPA 

approve into the SIP, including minor 

editorial changes in Parts A, B, and D of 

Regulation 3. These Parts of Colorado’s 

Regulation 3 address the State’s 

permitting and PSD program. However, 

editorial changes were also made to Part 

C of the regulation. Part C is the State’s 

Title V permitting program and is not 

part of the SIP. Since the State included 

these non-SIP regulatory changes in Part 

C, EPA is taking no action on them. 

IV. What action is EPA taking? 

We have evaluated Colorado’s June 

11, 2008, June 18, 2009 and May 25, 

2011 submittals regarding revisions to 

the State’s Regulation 3. We are 

proposing to approve the revisions. 

Specifically, we are proposing to 

approve the revision in the June 18, 

2009 submittal to Regulation 3, Part A, 

Section VI.D.1. to the extent it increases 

construction permit processing fees as 

set forth in Colorado Revised Statute 


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54816 Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 / Proposed Rules 

Section 27–7–114.7. All other fee 

increases are outside the scope of this 

SIP revision action. 

We also propose to approve the 

revisions to Parts A and B of Regulation 

3 in the May 25, 2011 submittal to 

approve the addition of PM2.5 to the 

definitions of ‘‘air pollutant’’ and 

‘‘criteria pollutant’’ in Part A, and the 

revisions of Part B to reflect Colorado’s 

regulation of PM2.5 in the State’s 

construction permit program, including 

PM2.5 thresholds. We also propose to 

approve Colorado’s reinstatement of 

VOC sources to RACT requirements in 

Part B. Finally, we propose to approve 

the minor editorial changes made 

throughout Regulation 3, Parts A, B, and 

D. 

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, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves state law as 

meeting federal requirements; this 

proposed action does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and, 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 28, 2013. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2013–21614 Filed 9–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0652; FRL–9900–73– 

Region6] 

Approval and Promulgation of 

Implementation Plans; Oklahoma; 

Revisions to Excess Emissions 

Requirements; Finding of Substantial 

Inadequacy: and Call for Oklahoma 

State Implementation Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing three 

actions concerning revisions to the 

Oklahoma State Implementation Plan 

(SIP) submitted by the State of 

Oklahoma on July 16, 2010 (the July 16, 

2010 SIP submittal). These actions 

address revisions to the Oklahoma 

Administrative Code (OAC), Title 252, 

Chapter 100, Subchapter 9—Excess 

Emission Reporting Requirements 

(Subchapter 9). In the first action, we 

are proposing approval of certain 

provisions of the July 16, 2010 SIP 

submittal which are consistent with the 

Clean Air Act (CAA or Act). In the 

second action, we are proposing a 

limited approval and limited 

disapproval of certain other provisions 

of the July 16, 2010 SIP submittal which 

will have the overall effect of 

strengthening the Oklahoma SIP, but a 

portion of which are inconsistent with 

the requirements of the CAA. In the 

third action, we are proposing a finding 

of substantial inadequacy and proposing 

a SIP call with a proposed submittal 

date for certain provisions of the July 

16, 2010 SIP submittal associated with 

the proposed limited approval and 

limited disapproval found to be 

inconsistent with CAA requirements, as 

set forth in the second action. If 

finalized, the SIP call associated with 

the proposed finding of substantial 

inadequacy will not, by itself, trigger a 

sanction clock for Oklahoma. This 

rulemaking is being taken in accordance 

with section 110 of the Act. 

DATES: Comments must be received on 

or before October 7, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2010–0652, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• U.S. EPA Region 6 ‘‘Contact Us’’ 

Web site: http://epa.gov/region6/

r6coment.htm. Please click on ‘‘6PD’’ 

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

• Email: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by email to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8:00 a.m. and 4:00 p.m. 

weekdays except for legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2010– 

0652. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 


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