Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations 67647 

Lead NAAQS’’, ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2008 

8-hour Ozone NAAQS’’, ‘‘110(a)(1) and 

(2) Infrastructure Requirements for the 

2010 NO2 NAAQS’’, ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2010 

SO2 NAAQS’’ and ‘‘Chapter 7A section 

754 of the North Carolina General 

Statues’’ at the end of the table to read 

as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision 

State 

effective 

date 

EPA 

Approval 

date 

Federal Register citation Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 

1997 8-hour Ozone 

NAAQS.

7/27/2015 11/3/2015 [Insert Federal Register citation].approving 110(a)(2)(E)(ii) as it relates to the Secretary 

of the DENR and his/her delegatee that approve 

permit or enforcement orders and appealed matters 

decided by ALJs. 

110(a)(1) and (2) Infrastructure Requirements for the 

1997 Annual PM2.5

NAAQS.

7/27/2015 11/3/2015 [Insert Federal Register citation].approving 110(a)(2)(E)(ii) as it relates to the Secretary 

of the DENR and his/her delegatee that approve 

permit or enforcement orders and appealed matters 

decided by ALJs. 

110(a)(1) and (2) Infrastructure Requirements for the 

2006 24-hour PM2.5

NAAQS.

7/27/2015 11/3/2015 [Insert Federal Register citation].approving 110(a)(2)(E)(ii) as it relates to the Secretary 

of the DENR and his/her delegatee that approve 

permit or enforcement orders and appealed matters 

decided by ALJs. 

110(a)(1) and (2) Infrastructure Requirements for the 

2008 Lead NAAQS.

7/27/2015 .................... ............................................ approving 110(a)(2)(E)(ii) as it relates to the Secretary 

of the DENR and his/her delegatee that approve 

permit or enforcement orders and appealed matters 

decided by ALJs. 

110(a)(1) and (2) Infrastructure Requirements for the 

2008 8-hour Ozone 

NAAQS.

7/27/2015 .................... ............................................ approving 110(a)(2)(E)(ii) as it relates to the Secretary 

of the DENR and his/her delegatee that approve 

permit or enforcement orders and appealed matters 

decided by ALJs. 

110(a)(1) and (2) Infrastructure Requirements for the 

2010 NO2 NAAQS.

7/27/2015 11/3/2015 [Insert Federal Register citation].approving 110(a)(2)(E)(ii) as it relates to the Secretary 

of the DENR and his/her delegatee that approve 

permit or enforcement orders and appealed matters 

decided by ALJs. 

110(a)(1) and (2) Infrastructure Requirements for the 

2010 SO2 NAAQS.

7/27/2015 11/3/2015 [Insert Federal Register citation].approving 110(a)(2)(E)(ii) as it relates to the Secretary 

of the DENR and his/her delegatee that approve 

permit or enforcement orders and appealed matters 

decided by ALJs. 

Chapter 7A section 754 of 

the North Carolina General Statues.

7/27/2015 11/3/2015 [Insert Federal Register citation].Specifically, the following paragraph of 7A–754 stating 

‘‘The Chief Administrative Law Judge and the administrative law judges shall comply with the Model 

Code of Judicial Conduct for State Administrative 

Law Judges, as adopted by the National Conference 

of Administrative Law Judges, Judicial Division, 

American Bar Association, (revised August 1998), as 

amended from time to time, except that the provisions of this section shall control as to the private 

practice of law in lieu of Canon 4G, and G.S. 126– 

13 shall control as to political activity in lieu of 

Canon 5.’’ is approved into the SIP. 

§ 52.1773 [Amended] 

■ 3. Amend § 52.1773 by removing 

paragraph (a), and redesignating 

paragraphs (b) and (c) as paragraphs (a) 

and (b), respectively. 

[FR Doc. 2015–27881 Filed 11–2–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0034; FRL–9936–37– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Oklahoma 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Under the Federal Clean Air 

Act (CAA or Act) the Environmental 

Protection Agency (EPA) is approving 

revisions to the Oklahoma State 

Implementation Plan (SIP) submitted by 

the State of Oklahoma designee. The 

revisions are administrative in nature 

and modify redundant or erroneous text 

within the SIP. The revisions also 

incorporate new definitions and the 

current national ambient air quality 

standards (NAAQS) for four criteria 

pollutants; delete a subchapter that 

addresses motor vehicle pollution 

control devices; and add requirements 

for certain incinerators. 

DATES: This rule is effective on January 

4, 2016 without further notice, unless 

EPA receives relevant adverse comment 

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67648 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations 

1The TSD is provided in the docket for this 

rulemaking. 

2The cover letter for the January 18, 2013 

submittal lists revisions to subchapter 31, but no 

such revisions were provided in the submittal 

package; therefore, they are not before EPA for 

consideration. 

3Section 203 of the CAA prohibits tampering 

with any device or element of design installed on 

or in a motor vehicle or motor vehicle engine in 

compliance with motor vehicle emission standards. 

by December 3, 2015. If EPA receives 

such comment, EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that this 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2011–0034, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions. 

• Email: Carrie Paige at 

paige.carrie@epa.gov. 

• Mail: Guy Donaldson, Chief, Air 

Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2011– 

0034. 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 

the disclosure of which is restricted by 

statute. Do not submit information 

through www.regulations.gov or email, 

if you believe that it is CBI or otherwise 

protected from disclosure. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means that 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 along with any disk or CD– 

ROM submitted. 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 and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at 

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

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at 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: 

Carrie Paige, (214) 665–6521 or 

paige.carrie@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with her or Mr. Bill Deese 

at (214) 665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

Section 110 of the Act requires states 

to develop air pollution regulations and 

control strategies to ensure that air 

quality meets the EPA’s NAAQS. These 

ambient standards are established under 

section 109 of the Act and they 

currently address six criteria pollutants: 

Carbon monoxide, nitrogen dioxide, 

ozone, lead, particulate matter, and 

sulfur dioxide. The state’s air 

regulations are contained in its SIP, 

which is basically a clean air plan. Each 

state is responsible for developing SIPs 

to demonstrate how the NAAQS will be 

achieved, maintained, and enforced. 

The SIP must be submitted to EPA for 

approval and any changes a state makes 

to the approved SIP also must be 

submitted to the EPA for approval. 

The Secretary of the Oklahoma 

Department of Environmental Quality 

(ODEQ) submitted revisions for 

approval by EPA on July 16th and 

December 27th of 2010, February 6, 

2012, and January 18, 2013. The 

revisions address air pollution 

regulations and control strategies 

codified in the Oklahoma 

Administrative Code (OAC) under Title 

252 (DEQ), Chapter 100 (Air Pollution 

Control). Three of the four submittals 

include revisions that address air 

permitting and incorporate by reference 

applicable provisions of Title 40 of the 

Code of Federal Regulations (denoted 40 

CFR). These revisions can be evaluated 

independently (i.e., are severable) and 

will be evaluated in separate actions. 

Further, we are not acting on submitted 

revisions to the State’s NOx rules 

because these revisions can be evaluated 

independently and we will consider 

these rule revisions in a separate action. 

Table C–1 in the Technical Support 

Document (TSD) lists the four 

submittals and identifies which portions 

are evaluated in this rulemaking action 

and which will be evaluated in separate 

actions.1 The revisions under evaluation 

in Section II of this action apply to the 

following sections within Chapter 100: 

Subchapter 15 (Motor Vehicle Pollution 

Control Devices); subchapter 17 

(Incinerators); subchapter 19 (Control of 

Emission of Particulate Matter); 

subchapter 25 (Visible Emissions and 

Particulates); appendices A and B 

within subchapter 17; appendices C, D, 

and G within subchapter 19; and 

appendices E and F within subchapter 

3 (Air Quality Standards and 

Increments).2

The substantive revisions in the four 

submittals before us include 

incorporation of new definitions; 

updating the SIP with the current 

NAAQS for lead, ozone, nitrogen 

dioxide (NO2) and sulfur dioxide (SO2); 

and adding specific requirements for 

certain incinerators. The nonsubstantive revisions delete redundant 

definitions; move certain definitions 

into other locations within the SIP; and 

correct erroneous text. 

The criteria used to evaluate these SIP 

revisions are found primarily in section 

110 of the CAA. Section 110(l) requires 

that a SIP revision submitted to EPA be 

adopted after reasonable notice and 

public hearing and also requires that 

EPA not approve a SIP revision if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement of the CAA. Our TSD 

contains a detailed evaluation of the 

revisions, describing how each revision 

meets the requirements for SIP 

approval. 

II. EPA’s Evaluation of the Revisions 

A synopsis of the submitted revisions 

and our evaluation follows. 

A. Subchapter 15, Motor Vehicle 

Pollution Control Devices 

The ODEQ removes subchapter 15 in 

its entirety. Subchapter 15 is duplicative 

of section 203 of the CAA. Subchapter 

15 was not ever required to be in the 

Oklahoma SIP and did not supersede or 

otherwise modify requirements for 

pollution control devices on motor 

vehicles.3 In addition, subchapter 15 

was not used as a source of emission 

reductions and did not contribute 

toward attainment in Oklahoma (see 45 

FR 79051, November 28, 1980). The 

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Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations 67649 

4On October 1, 2015, the EPA announced its 

decision to strengthen the ozone NAAQS, which 

does not obstruct our action here. See [http://www3.

epa.gov/airquality/ozonepollution/actions.html#

sep2015]. Because Oklahoma elects to have its SIP 

refer to specific iterations of the NAAQS, it will 

need to revise it from time to time to reflect the 

current NAAQS. 

State’s annual motor vehicle inspection 

and emission anti-tampering rules 

remain in the SIP (see 61 FR 7709, 

February 29, 1996). Removal of 

subchapter 15 from the SIP does not 

constitute loss in emission reductions 

because such rules are in place and 

enforceable at the federal level. 

B. Subchapter 17, Incinerators 

Part 1 clarifies that incinerators used 

to generate useful heat energy are 

subject to all applicable requirements of 

subchapter 17. Part 3 adds specificity by 

identifying the applicable sources; 

clarifying existing definitions and 

requirements; expanding incinerator 

design requirements to include 

operation requirements; and adding 

definitions for ‘‘Particulate matter’’ and 

‘‘Secondary combustion chamber.’’ 

Other revisions to parts 1 and 3 are nonsubstantive and delete redundant text. 

A new part 4 addresses biomedical 

waste incinerators. The new terms and 

definitions, design and operation, and 

emission limits are consistent with 

EPA’s Standards of Performance for 

New Stationary Sources: Hospital/ 

Medical/Infectious Waste Incinerators 

(see 74 FR 51368, October 6, 2009 and 

40 CFR 60.51c), and EPA’s Standards Of 

Performance for Incinerators at 40 CFR 

60, Subpart E. 

The ODEQ removes appendix B, 

renames appendix A, and moves the 

appendix B formulas into A. A 

typographical error was corrected. There 

were no changes to the allowable 

emission rates. 

C. Subchapter 19, Control of Emissions 

of Particulate Matter 

The ODEQ submits new definitions 

for ‘‘Condensable particulate matter,’’ 

‘‘Filterable particulate matter,’’ and 

‘‘Total particulate matter.’’ They are 

consistent with the definitions 

addressing particulate matter at 40 CFR 

51.100. Other revisions to this 

subchapter clarify that the particulate 

matter (PM) emission rates in this 

subchapter refer to condensable and 

filterable PM. 

The submitted revisions also address 

appendices C, D and G within 

subchapter 19. The revisions are 

confined to retitling the appendices, 

such that each now includes 

‘‘particulate matter’’ in its title. 

D. Subchapter 25, Visible Emissions and 

Particulates 

The submitted revisions include a 

non-substantive edit to style and the 

correction of an error in a citation at 

100–25–3(b)(3). These revisions to 

subchapter 25 provide consistency and 

accuracy. 

E. Appendix E (Primary Ambient Air 

Quality Standards) and Appendix F 

(Secondary Ambient Air Quality 

Standards) 

The ODEQ revised appendices E and 

F for the 2008 NAAQS for ozone 4 and 

lead and the 2010 NAAQS for NO2 and 

SO2.

F. Consistency With Section 110(l) of the 

CAA 

The submitted revisions addressed in 

today’s rulemaking provide consistency 

with the NAAQS and EPA’s rules 

regarding incinerators, and provide 

clarity and accuracy, thus improving the 

Oklahoma SIP. These revisions will not 

interfere with any applicable 

requirement regarding attainment or any 

other applicable requirement of the 

CAA and are consistent with section 

110(l) of the Act. 

III. Final Action 

The EPA is approving all or parts of 

four Oklahoma SIP submittals. 

Specifically, we are approving the 

portions of the July 16, 2010 submittal 

that revise appendices C, D, E, F and G 

and subchapters 19 and 25. We are also 

approving in whole the December 27, 

2010 submittal that revises subchapter 

15 and appendices E and F. We are also 

approving the portion of the February 6, 

2012 submittal that revises appendix E. 

We are also approving the portion of the 

January 18, 2013 submittal that revises 

subchapter 17 and appendices A and B. 

The EPA is approving these SIP 

revisions in accordance with the 

requirements of the CAA. 

The EPA is publishing this rule 

without prior proposal because we view 

this as a non-controversial amendment 

and anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if relevant adverse 

comments are received. This rule will 

be effective on January 4, 2016 without 

further notice unless we receive adverse 

comment by December 3, 2015. If we 

receive adverse comments, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. We will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so now. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

IV. Incorporation by Reference 

In this rule, we are finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.4, we are finalizing the 

incorporation by reference of the 

revisions to the Oklahoma regulations as 

described in the preceding Final Action 

section. We have made, and will 

continue to make, these documents 

generally available electronically 

through www.regulation.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, 

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 

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67650 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved to 

apply on any Indian reservation land or 

in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 4, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: October 20, 2015. 

Ron Curry, 

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. In § 52.1920, the table in paragraph 

(c) under the heading entitled ‘‘Chapter 

100 (OAC 252:100). Air Pollution 

Control’’ is amended by: 

■ a. Removing the heading entitled 

‘‘Subchapter 15. Motor Vehicle 

Pollution Control Devices’’ and the 

entries under this heading; 

■ b. Revising entries for ‘‘252:100–17– 

1’’ and ‘‘252:100–17–1.1’’; 

■ c. Removing the entry for ‘‘252:100– 

17–1.2’’; 

■ d. Adding an entry for ‘‘252:100–17– 

1.3’’ in numerical order; 

■ e. Revising entries for ‘‘252:100–17– 

2’’, ‘‘252:100–17–2.1’’, ‘‘252:100–17– 

2.2’’, ‘‘252:100–17–4’’, ‘‘252:100–17–5’’, 

‘‘252:100–17–5.1’’, and ‘‘252:100–17–7’’; 

■ f. Adding the heading entitled ‘‘Part 4. 

Biomedical Waste Incinerators’’ and 

entries for ‘‘252:100–17–8’’, ‘‘252:100– 

17–9’’, ‘‘252:100–17–10’’, and ‘‘252:100– 

17–11’’ in numerical order; 

■ g. Revising entries for ‘‘252:100–19– 

1.1’’ and ‘‘252:100–19–11’’; 

■ h. Revising the entry for ‘‘252:100–25– 

3’’; 

■ i. Revising the entry for ‘‘252:100, 

Appendix A’’; 

■ j. Removing the entry for ‘‘252:100, 

Appendix B’’; and 

■ k. Revising entries for ‘‘252:100, 

Appendix C’’, ‘‘252:100, Appendix D’’, 

‘‘252:100, Appendix E’’, ‘‘252:100, 

Appendix F’’, and ‘‘252:100, Appendix 

G’’. 

The revisions and additions read as 

follows: 

§ 52.1920 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED OKLAHOMA REGULATIONS

State citation Title/Subject State effective 

date EPA Approval date Explanation 

*******

CHAPTER 100 (OAC 252:100). AIR POLLUTION CONTROL 

*******

Subchapter 17. Incinerators 

Part 1. General Provisions 

252:100–17–1 ................................ Purpose .......................................... 7/11/2010 11/3/2015 

[Insert Federal Register citation] 

252:100–17–1.1 ............................. Reference to 40 CFR .................... 7/11/2010 11/3/2015 

[Insert Federal Register citation] 

252:100–17–1.3 ............................. Incinerators and fuel-burning 

equipment or units.

7/11/2010 11/3/2015 

[Insert Federal Register citation] 

Part 3. Incinerators 

252:100–17–2 ................................ Applicability .................................... 7/11/2010 11/3/2015 

[Insert Federal Register citation] 

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Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations 67651 

EPA APPROVED OKLAHOMA REGULATIONS—Continued 

State citation Title/Subject State effective 

date EPA Approval date Explanation 

252:100–17–2.1 ............................. Exemptions .................................... 7/11/2010 11/3/2015 

[Insert Federal Register citation] 

252:100–17–2.2 ............................. Definitions ...................................... 7/11/2010 11/3/2015 

[Insert Federal Register citation] 

*******

252:100–17–4 ................................ Particulate matter ........................... 7/11/2010 11/3/2015 

[Insert Federal Register citation] 

252:100–17–5 ................................ Incinerator design and operation 

requirements.

7/11/2010 11/3/2015 

[Insert Federal Register citation] 

252:100–17–5.1 ............................. Alternative incinerator design requirements.7/11/2010 11/3/2015 

[Insert Federal Register citation] 

252:100–17–7 ................................ Test methods ................................. 7/11/2010 11/3/2015 

[Insert Federal Register citation] 

Part 4. Biomedical Waste Incinerators 

252:100–17–8 ................................ Applicability .................................... 7/1/2011 11/3/2015 

[Insert Federal Register citation] 

252:100–17–9 ................................ Definitions ...................................... 7/1/2011 11/3/2015 

[Insert Federal Register citation] 

252:100–17–10 .............................. Design and operation .................... 7/1/2011 11/3/2015 

[Insert Federal Register citation] 

252:100–17–11 .............................. Emission limits ............................... 7/1/2011 11/3/2015 

[Insert Federal Register citation] 

Subchapter 19. Control of Emission of Particulate Matter 

*******

252:100–19–1.1 ............................. Definitions ...................................... 7/1/2009 11/3/2015 

[Insert Federal Register citation] 

* * * * * * * 

252:100–19–11 .............................. Allowable particulate matter emission rates from combined wood 

fuel and fossil fuel fired steam 

generating units.

7/1/2009 11/3/2015 

[Insert Federal Register citation] 

* * * * * * * 

Subchapter 25. Visible Emissions and Particulates 

*******

252:100–25–3 ................................ Opacity limit ................................... 7/1/2009 11/3/2015 

[Insert Federal Register citation] 

* * * * * * * 

Appendices for OAC 252: Chapter 100 

252:100, Appendix A ..................... Allowable Particulate Matter Emission Rate for Incinerators.7/11/2010 11/3/2015 

[Insert Federal Register citation] 

252:100, Appendix C ..................... Allowable Particulate Matter Emission Rates for Indirectly Fired 

Fuel-Burning Units.

7/1/2009 11/3/2015 

[Insert Federal Register citation] 

252:100, Appendix D ..................... Allowable Particulate Matter Emission Rates for Indirectly Fired 

Wood Fuel-Burning Units.

7/1/2009 11/3/2015 

[Insert Federal Register citation] 

252:100, Appendix E ..................... Primary Ambient Air Quality Standards.7/1/2011 11/3/2015 

[Insert Federal Register citation] 

252:100, Appendix F ...................... Secondary Ambient Air Quality 

Standards.

7/1/2010 11/3/2015 

[Insert Federal Register citation] 

252:100, Appendix G ..................... Allowable Particulate Matter Emission Rates for Directly Fired 

Fuel-Burning Units and Industrial 

Process.

7/1/2009 11/3/2015 

[Insert Federal Register citation] 

* * * * * * * 

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67652 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations 

1 73 FR 16436. This final rule reduced the ozone 

NAAQS from 0.08 parts per million (ppm) to 0.075 

ppm. 

2 75 FR 6474. This final rule revised the primary 

NO2 NAAQS from an annual arithmetic average to 

a one-hour NO2 NAAQS of 100 parts per billion 

(ppb) and left unchanged EPA’s secondary annual 

NO2 NAAQS. The form of the 1-hour standard is the 

3-year average of the 98th percentile of the yearly 

distribution of 1-hour daily maximum NO2

concentrations. 

3This final rule revoked EPA’s annual and 24- 

hour SO2 NAAQS and a 1-hour NAAQS of 75 ppb. 

The form of the 1-hour standard is the 3-year 

average of the 99th percentile of the yearly 

distribution of 1-hour daily maximum SO2

concentrations. 

* * * * * 

[FR Doc. 2015–27918 Filed 11–2–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2014–0812; FRL–9935–82– 

Region 9] 

Partial Approval and Partial 

Disapproval of Air Quality State 

Implementation Plans; Nevada; 

Infrastructure Requirements for Ozone, 

NO2 and SO2

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Environmental Protection 

Agency (EPA) is approving in part and 

disapproving in part State 

Implementation Plan (SIP) revisions 

submitted by the State of Nevada 

pursuant to the requirements of the 

Clean Air Act (CAA) for the 2008 ozone 

national ambient air quality standards 

(NAAQS), the 2010 nitrogen dioxide 

(NO2) NAAQS and the 2010 sulfur 

dioxide (SO2) NAAQS. The CAA 

requires that each state adopt and 

submit a SIP for the implementation, 

maintenance, and enforcement of each 

NAAQS promulgated by the EPA, and 

that EPA act on such SIPs. Nevada has 

met most of the applicable 

requirements. Where EPA is 

disapproving, in part, Nevada’s SIP 

revisions, the deficiencies have already 

been addressed by a federal 

implementation plan (FIP). 

DATES: This final rule is effective on 

December 3, 2015. 

ADDRESSES: EPA has established a 

docket for this action, identified by 

Docket ID Number EPA–R09–OAR– 

2014–0812. The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. 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 in 

either location (e.g., confidential 

business information (CBI)). To inspect 

the hard copy materials, please schedule 

an appointment during normal business 

hours with the contact listed directly 

below. 

FOR FURTHER INFORMATION CONTACT: Tom 

Kelly, Air Planning Office (AIR–2), U.S. 

Environmental Protection Agency, 

Region IX, (415) 972–3856, 

kelly.thomasp@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. EPA’s Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Section 110(a)(1) of the CAA requires 

each state to submit to EPA, within 

three years (or such shorter period as 

the Administrator may prescribe) after 

the promulgation of a primary or 

secondary NAAQS or any revision 

thereof, a SIP that provides for the 

‘‘implementation, maintenance, and 

enforcement’’ of such NAAQS. EPA 

refers to these specific submissions as 

‘‘infrastructure’’ SIPs because they are 

intended to address basic structural SIP 

requirements for new or revised 

NAAQS. 

EPA issued a revised NAAQS for 

ozone on March 28, 2010, for NO2 on 

February 9, 2010, and for SO2 on June 

22, 2010.123 These NAAQS revisions 

triggered requirements for states to 

submit an infrastructure SIP to address 

the applicable requirements of section 

110(a)(2) within three years. The 

Nevada Department of Environmental 

Protection (NDEP) has submitted several 

infrastructure SIP submittals in 

response to EPA’s promulgation of these 

NAAQS, including: 

Ozone 

• The Nevada Division of 

Environmental Protection Portion of the 

Nevada State Implementation Plan for 

the 2008 Ozone NAAQS: Demonstration 

of Adequacy April 10, 2013; 

• State Implementation Plan Revision 

to Meet the Ozone Infrastructure SIP 

Requirements of the Clean Air Act 

§ 110(a)(2), Clark County, Nevada, 

February, 2013; 

• The Washoe County Portion of the 

Nevada State Implementation Plan for 

the 2008 Ozone NAAQS: Demonstration 

of Adequacy, February 28, 2013. 

NO2

• NDEP letter to EPA, dated May 9, 

2013 and Washoe County letter, dated 

April 26, 2013, containing the Approved 

Minutes of the February 28, 2013 public 

hearing and the Certificate of Adoption; 

• The Nevada Division of 

Environmental Protection Portion of the 

Nevada State Implementation Plan for 

the 2010 Nitrogen Dioxide Primary 

NAAQS: Demonstration of Adequacy 

and appendices, January 18, 2013; 

• State Implementation Plan Revision 

to Meet the Nitrogen Dioxide 

Infrastructure SIP Requirements of the 

Clean Air Act § 110(a)(2), and 

attachments Clark County, Nevada, 

December, 2012; 

• The Washoe County Portion of the 

Nevada State Implementation Plan to 

Meet the Nitrogen Dioxide Primary 

NAAQS; Final Submittal, March 15, 

2013. 

SO2

• The Nevada Division of 

Environmental Protection Portion of the 

Nevada State Implementation Plan for 

the 2010 Sulfur Dioxide Primary 

NAAQS, and appendices, June 3, 2013; 

• State Implementation Plan Revision 

to Meet the Sulfur Dioxide 

Infrastructure SIP Requirements of the 

Clean Air Act § 110(a)(2), and 

attachments Clark County, Nevada, 

May, 2013; 

• The Washoe County Portion of the 

Nevada State Implementation Plan to 

Meet the Sulfur Dioxide Infrastructure 

SIP Requirements of Clean Air Act 

§ 110(a)(2), and attachments, March 28, 

2013. 

We refer to these submittals 

collectively as ‘‘Nevada’s Infrastructure 

Submittals.’’ 

On May 20, 2015 (80 FR 28893), EPA 

proposed to approve in part, and 

disapprove in part, these SIP revisions 

addressing the infrastructure 

requirements of CAA section 110(a)(1) 

and (2) for the 2008 ozone, the 2010 

NO2, and the 2010 SO2 NAAQS. Except 

for the interstate transport elements of 

110(a)(2)(D)(i)(I) for the 2008 ozone and 

2010 SO2 NAAQS, we are taking final 

action on all the Nevada Infrastructure 

Submittals since they collectively 

address the applicable infrastructure SIP 

requirements. 

Nevada’s submittals also requested 

that EPA reclassify the Nevada Intrastate 

Air Quality Control Region from priority 

IA to priority III for SO2 emergency 

episodes and remove historic, outdated 

language at 40 CFR 52.1475 from the 

state’s approved SIP. Our Notice of 

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