81838 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 

EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS—Continued 

State citation Title/subject 

State approval/effective 

date 

EPA approval date Explanation 

*******

§ 52.1634 [Amended] 

■ 3. Section 52.1634 is amended by 

removing paragraphs (d) and (e). 

[FR Doc. 2011–33280 Filed 12–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0314; FRL–9613–2] 

Approval and Promulgation of 

Implementation Plans; Oklahoma; 

Interstate Transport of Pollution 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving severable 

portions of State Implementation Plan 

(SIP) revisions submitted by Oklahoma 

to address Clean Air Act (CAA) 

requirements that prohibit air emissions 

which will contribute significantly to 

nonattainment in, or interfere with 

maintenance by, any other State for the 

1997 fine particulate matter (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS or standards) and the 2006 24- 

hour PM2.5 NAAQS. EPA is also 

approving the severable portion of a SIP 

revision submitted by the State of 

Oklahoma to address the CAA 

requirement that prohibits air emissions 

which will contribute significantly to 

nonattainment in any other State for the 

1997 8-hour ozone National Ambient 

Air Quality Standards (NAAQS or 

standards). EPA is taking no action at 

this time on the severable portion of the 

SIP revision submitted to address the 

CAA requirement that prohibits air 

emissions which will interfere with 

maintenance of the 1997 ozone NAAQS 

in any other State. This action is being 

taken under section 110 of the CAA. 

DATES: This final rule is effective on 

January 30, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2007–0314. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 Freedom of 

Information Act Review Room between 

the hours of 8:30 a.m. and 4:30 p.m. 

weekdays except for legal holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

(214) 665–7253 to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The state submittal is also available 

for public inspection during official 

business hours, by appointment, at the 

Oklahoma Department of Environmental 

Quality, 707 North Robinson, P.O. Box 

1677, Oklahoma City, Oklahoma 73101– 

1677. 

FOR FURTHER INFORMATION CONTACT: Carl 

Young, Air Planning Section (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–6645; email address 

young.carl@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

Outline 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

The background for today’s action is 

discussed in detail in our October 17, 

2011, proposal (76 FR 64065). In that 

notice, we addressed severable portions 

of SIP revisions submitted by the state 

of Oklahoma to address the requirement 

in section 110(a)(2)(D)(i)(I) of the Clean 

Air Act that all SIPs contain adequate 

provisions to prohibit emissions that 

significantly contribute to 

nonattainment of the NAAQS in another 

state and to prohibit emissions that 

interfere with maintenance of the 

NAAQS in another state. 42 U.S.C. 

7410(a)(2)(D)(i)(I). Specifically, we 

proposed to (1) disapprove, or in the 

alternative, approve the severable 

portion of the May 1, 2007, SIP 

submittal asserting that Oklahoma does 

not interfere with maintenance of the 

1997 8-hour ozone NAAQS in other 

states, (2) approve the severable portion 

of the May 1, 2007, SIP submittal 

asserting that Oklahoma emissions do 

not contribute significantly to 

nonattainment of the 1997 8-hour ozone 

NAAQS in other states, and (3) approve 

the severable portions of the May 1, 

2007, and April 5, 2011, SIP submittals 

asserting that Oklahoma emissions do 

not contribute significantly to 

nonattainment in, or interfere with 

maintenance of the 1997 and 2006 PM2.5

NAAQS in other states. 

We received comments on our 

proposal from (1) the Oklahoma 

Department of Environmental Quality, 

(2) Western Farmers Electric 

Cooperative and Oklahoma Gas and 

Electric Company, and (3) the Oklahoma 

Attorney General. The comments are 

available for review in the electronic 

docket for this rulemaking at the 

regulations.gov Web site (Docket No. 

EPA–R06–OAR–2007–0314). All the 

comments addressed our proposal to 

disapprove, or in the alternative, 

approve the severable portion of the 

May 1, 2007, SIP submittal 

demonstrating Oklahoma does not 

interfere with maintenance of the 1997 

8-hour ozone NAAQS in other states. 

We are not taking any final action at this 

time on that severable portion of our 

October 17, 2011 proposal. Therefore, 

we are also not addressing at this time 

the comments we received regarding 

that severable portion of the proposal. 

We intend to respond to comments and 

take a final action in a future 

rulemaking. 

We did not receive any adverse 

comments regarding our proposal to 

approve the severable portions of the 

SIP submittals demonstrating that 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 81839 

Oklahoma emissions (1) do not 

contribute significantly to 

nonattainment of the 1997 ozone 

NAAQS in other states, and (2) do not 

contribute significantly to 

nonattainment, or interfere with 

maintenance of the 1997 and 2006 PM2.5

NAAQS in other states. 

II. Final Action 

We are approving the severable 

portion of the Oklahoma SIP revision 

submitted on May 1, 2007, to address 

the significant contribution to 

nonattainment requirement for the 1997 

8-hour ozone NAAQS. We are also 

approving the severable portions of the 

SIP revisions submitted on May 1, 2007, 

and April 5, 2011, to address the 

significant contribution to 

nonattainment or interference with 

maintenance requirements for the 1997 

PM2.5 NAAQS and the 2006 PM2.5

NAAQS. This action is being taken 

under section 110 of the CAA. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air 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 Clean Air Act. Accordingly, this 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive 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 Clean Air Act; 

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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 27, 

2012. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposed of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Air pollution control, Environmental 

protection, Incorporation by reference, 

Intergovernmental relations, Nitrogen 

oxides, Ozone, Particulate matter, Sulfur 

dioxide. 

Dated: December 16, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart LL—Oklahoma 

■ 2. The first table in § 52.1920(e) 

entitled ‘‘EPA–Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Oklahoma SIP’’ is 

amended by adding entries for 

‘‘Interstate transport for the 1997 ozone 

NAAQS (contribute to nonattainment)’’, 

‘‘Interstate transport for the 1997 PM2.5

NAAQS (contribute to nonattainment or 

interfere with maintenance)’’, and 

‘‘Interstate transport for the 2006 PM2.5

NAAQS (contribute to nonattainment or 

interfere with maintenance)’’ at the end. 

The additions read as follows: 

§ 52.1920 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE OKLAHOMA SIP 

Name of SIP provision Applicable geographic 

or nonattainment area 

State submittal 

date EPA approval date Explanation 

*******

Interstate transport for the 1997 ozone NAAQS 

(contribute to nonattainment).

Statewide ..................... 5/1/2007 12/29/11 [Insert FR 

page number where 

document begins].


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81840 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 

EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE OKLAHOMA SIP—Continued 

Name of SIP provision Applicable geographic 

or nonattainment area 

State submittal 

date EPA approval date Explanation 

Interstate transport for the 1997 PM2.5 NAAQS 

(contribute to nonattainment or interfere with 

maintenance).

Statewide ..................... 5/1/2007 12/29/11 [Insert FR 

page number where 

document begins].

Interstate transport for the 2006 PM2.5 NAAQS 

(contribute to nonattainment or interfere with 

maintenance).

Statewide ..................... 4/5/2011 12/29/11 [Insert FR 

page number where 

document begins].

[FR Doc. 2011–33282 Filed 12–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–R04–SFUND–2011–0574; FRL–9612– 

5] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Hipps Road Landfill Superfund 

Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 4 is publishing a 

direct final Notice of Deletion of the 

Hipps Road Landfill Superfund Site 

(Site), located in Jacksonville, Florida, 

from the National Priorities List (NPL). 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

Florida, through the Florida Department 

of Environmental Protection, because 

EPA has determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance, and fiveyear reviews have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective February 27, 2012 unless EPA 

receives adverse comments by January 

30, 2012. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final deletion 

in the Federal Register informing the 

public that the deletion will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–R04– 

SFUND–2011–0574, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• Email: miller.scott@epa.gov 

• Fax: (404) 562–8896 

• Mail: Scott Miller, Remedial Project 

Manager, Superfund Remedial Branch, 

Section C, Superfund Division, U.S. 

EPA Region 4, 61 Forsyth Street SW., 

Atlanta, GA 30303. 

• Hand delivery: Same address as 

listed above. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID no. EPA–R04–SFUND–2011– 

0574. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or email. The 

http://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 http:// 

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. 

Docket: All documents in the docket 

are listed in the http:// 

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 statue. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

U.S. EPA Record Center, 61 Forsyth 

Street SW., Atlanta, GA 30303; Hours: 

8 a.m. to 4 p.m., Monday through 

Friday. Jacksonville Public Library, 

6886 103rd Street, Jacksonville, FL 

32210; Monday–Thursday: 10 a.m.–9 

p.m., Friday & Saturday: 10 a.m.–6 p.m. 

Sunday: 1 p.m.–6 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Scott Miller, Remedial Project Manager, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, GA 30303, (404) 562–9120, 

email: miller.scott@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action 

I. Introduction 

EPA Region 4 is publishing this direct 

final Notice of Deletion of the Hipps 

Road Landfill (Site), from the National 

Priorities List (NPL). The NPL 

constitutes Appendix B of 40 CFR part 

300, which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP), which EPA 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) of 1980, as amended. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 


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