Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules 64377 

As shown in Tables 5 and 6, the NOX

and VOC emission reductions through 

2018 are sufficient to provide at least 3 

percent emission reductions and thus 

we find that the contingency measures 

requirement are met for RFP. 

4. The Motor Vehicle Emissions Budgets 

(MVEBs) 

According to the transportation 

conformity rule, an RFP plan must 

establish MVEBs for transportation 

conformity purposes. See 40 CFR 

93.118(b)(1)(i). The MVEB is the 

mechanism to ensure that future 

transportation activities will not 

produce new air quality violations, 

worsen existing violations, delay 

reaching RFP milestones, or delay 

timely attainment of the NAAQS. A 

MVEB establishes the maximum amount 

of emissions allowed in the SIP for onroad motor vehicles. 

As part of the July 10, 2015, SIP 

revision submittal, the TCEQ included 

VOC and NOX MVEBs for 2017; these 

budgets are provided in Table 7. For the 

budgets to be approvable, they must 

meet, at a minimum, EPA’s adequacy 

criteria (40 CFR 93.118(e)(4)). The 

availability of these budgets was posted 

on our Web site on August 25, 2015, for 

the purpose of soliciting public 

comments on their adequacy. The 

comment period closed on September 

24, 2015, and we received no comments. 

On January 11, 2016, we published the 

Notice of Adequacy Determination for 

these MVEBs (81 FR 1184). As a result 

of such adequacy determination, these 

MVEBs must be used by state and 

Federal agencies in determining 

whether proposed transportation 

projects conform to the SIP as required 

by section 176(c) of the CAA. The 

adequacy determination represents a 

preliminary finding by EPA of the 

acceptability of the MVEBs. Today we 

are proposing that these MVEBs are 

fully consistent with RFP, as it sets the 

allowable on-road mobile emissions the 

DFW area can produce and continue to 

demonstrate RFP. 

TABLE 7—RFP MOTOR VEHICLE

EMISSIONS BUDGETS FOR DFW (tpd) 

Year NOX VOC 

2017 .................. 148.36 77.18 

III. Proposed Action 

The EPA is proposing to approve 

revisions to the Texas SIP to meet 

certain requirements under section 

182(b) of the CAA for the DFW 

Moderate nonattainment area under the 

2008 ozone standard that were 

submitted to EPA on July 10, 2015 and 

supplemented on April 22, 2016. We are 

proposing to approve the revised base 

year emission inventory, the RFP plan, 

the 2017 MVEBs; and RFP contingency 

measures. 

IV. 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, 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, 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 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, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: September 14, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2016–22564 Filed 9–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0812; FRL–9951–36– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Oklahoma; Infrastructure for the Lead, 

Ozone, Nitrogen Dioxide and Sulfur 

Dioxide National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Federal Clean Air 

Act (CAA or Act), the Environmental 

Protection Agency (EPA) is proposing to 

approve State Implementation Plan 

(SIP) submissions from the State of 

Oklahoma regarding the 2008 Lead (Pb), 

2008 Ozone, 2010 Nitrogen Dioxide 

(NO2), and 2010 Sulfur Dioxide (SO2) 

National Ambient Air Quality Standards 

(NAAQS or standards). The four 

submittals address how the existing SIP 

provides for implementation, 

maintenance, and enforcement of these 

four NAAQS (infrastructure SIP or iSIP). These i-SIPs ensure that the 

Oklahoma SIP is adequate to meet the 

State’s responsibilities under the Act, 

including the CAA requirements for 

interstate transport of Pb and NO2

emissions. 

DATES: Written comments must be 

received on or before October 20, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2012–0812, at http:// 


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1See EPA guidance documents: http://

www3.epa.gov/airquality/lead/pdfs/ 

20111014infrastructure.pdf and http://epa.gov/air/ 

urbanair/sipstatus/docs/Guidance_on_

Infrastructure_SIP_Elements_Multipollutant_

FINAL_Sept_2013.pdf. 

2On October 1, 2015, EPA strengthened the 

primary and secondary ozone standards to 70 parts 

per billion (80 FR 65292, October 26, 2015). The 

submittals under evaluation in this proposal do not 

address such standards. For more information on 

the 2015 ozone standards, please visit our Web site: 

https://www.epa.gov/ozone-pollution/2015- 

national-ambient-air-quality-standards-naaqsozone. 

3EPA also established requirements for the NO2

monitoring network that includes monitors at 

locations where maximum NO2 concentrations are 

expected to occur, including within 50 meters of 

major roadways, as well as monitors sited to 

measure the area-wide NO2 concentrations that 

occur more broadly across communities. 

4Additional information on: EPA’s approach for 

reviewing i-SIPs; the details of the SIP submittal 

and EPA’s evaluation; the effect of recent court 

decisions on i-SIPs; the statute and regulatory 

citations in the Oklahoma SIP specific to this 

review; the specific applicable CAA and EPA 

regulatory citations; Federal Register citations for 

Oklahoma SIP approvals; Oklahoma minor New 

Source Review program and EPA approval 

activities; and Oklahoma Prevention of Significant 

Deterioration (PSD) program can be found in the 

TSD. 

5The specific nonattainment area plan 

requirements of section 110(a)(2)(I) are subject to 

the timing requirements of section 172, not the 

timing requirement of section 110(a)(1). Thus, 

section 110(a)(2)(A) does not require that states 

submit regulations or emissions limits specifically 

for attaining the NAAQS. Those SIP provisions are 

due as part of each state’s attainment plan, and will 

be addressed separately from the requirements of 

section 110(a)(2)(A). In the context of an i-SIP, we 

are not evaluating the existing SIP provisions for 

this purpose. Instead, EPA is only evaluating 

whether the Oklahoma SIP has basic structural 

provisions for the implementation of the NAAQS. 

www.regulations.gov or via email to 

paige.carrie@epa.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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 Carrie Paige, (214) 665–6521, 

paige.carrie@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/commentingepa-dockets. 

Docket: The docket index and 

publicly available docket materials for 

this action are 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, 

paige.carrie@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with her or Bill Deese at 

214–665–7253. 

SUPPLEMENTARY INFORMATION: In this 

document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means 

the EPA. 

I. Background 

Pursuant to section 110(a)(1) of the 

CAA, states are required to submit SIPs 

that provide for the implementation, 

maintenance and enforcement of a new 

or revised NAAQS within 3 years 

following the promulgation of such new 

or revised NAAQS. Section 110(a)(2) 

lists specific requirements that SIPs 

must include to adequately address 

such new or revised NAAQS, as 

applicable.1

On March 27, 2008, following a 

periodic review of the NAAQS for 

ozone, EPA revised the primary and 

secondary 8-hour NAAQS for ozone: the 

level of the primary and secondary 

standards was revised to 0.075 parts per 

million (ppm), expressed to three 

decimal places, based on a 3-year 

average of the fourth-highest maximum 

8-hour average concentration (see 73 FR 

16436).2 Likewise, on November 12, 

2008, we revised the primary and 

secondary NAAQS for Pb to 0.15 

micrograms per cubic meter (see 73 FR 

66964). Similarly, on February 9, 2010, 

EPA revised the primary NAAQS for 

NO2 to establish a new 1-hour standard 

at a level of 100 parts per billion (ppb), 

based on the 3-year average of the 98th 

percentile of the yearly distribution of 1- 

hour daily maximum concentrations, to 

supplement the existing annual 

standard (see 75 FR 6474).3 Also, on 

June 22, 2010, we revised the primary 

NAAQS for SO2 to establish a new 1- 

hour standard at a level of 75 ppb, based 

on the 3-year average of the annual 99th 

percentile of 1-hour daily maximum 

concentrations (see 75 FR 35520.) We 

refer to each of these NAAQS by the 

year promulgated, e.g., ‘‘the 2008 ozone 

standard.’’ For more information on 

these standards, please visit https://

www.epa.gov/criteria-air-pollutants. 

Our technical evaluation of the 

Oklahoma submittals is provided in the 

Technical Support Document (TSD), 

which is in the docket for this 

rulemaking.4 With the exception of 

three sub-elements (or ‘‘prongs’’) that 

pertain to interstate transport and 

visibility protection, EPA is proposing 

to approve the Oklahoma i-SIP 

submittals for the 2008 Pb and ozone 

NAAQS, as well as the 2010 NO2 and 

SO2 NAAQS as meeting the 

requirements of an i-SIP. The exceptions 

are: Section 110(a)(2)(D)(i)(I), prongs 1 

and 2, which address the contribution to 

nonattainment and interfere with 

maintenance of the 2008 ozone and 

2010 SO2 NAAQS in other states; and 

section 110(a)(2)(D)(i)(II)—the prong 

that specifically addresses visibility 

protection for the 2010 SO2 NAAQS. We 

will take separate action on these three 

prongs for the 2008 ozone and 2010 SO2

NAAQS submittals. 

II. EPA’s Evaluation of the Oklahoma iSIP and Interstate Transport Submittals 

The State’s submittals on October 5, 

2012; February 28, 2014; and January 

28, 2015 demonstrate how the existing 

Oklahoma SIP meets the infrastructure 

requirements for the 2008 Pb and ozone 

NAAQS and the 2010 NO2 and SO2

NAAQS. A summary of our evaluation 

of the Oklahoma SIP for each applicable 

element of CAA section 110(a)(2)(A)-(M) 

follows. These SIP submissions became 

complete by operation of law on April 

5, 2013, August 28, 2014, and July 18, 

2015, respectively, pursuant to CAA 

section 110(k)(1)(B). 

(A) Emission limits and other control 

measures: CAA section 110(a)(2)(A) 

requires SIPs to include enforceable 

emission limits and other control 

measures, means or techniques, as well 

as schedules and timetables for 

compliance, as may be necessary or 

appropriate to meet the applicable 

requirements of the Act, and other 

related matters as needed to implement, 

maintain and enforce each of the 

NAAQS.5 The Oklahoma Clean Air Act 

(OCAA) provides the Oklahoma 

Department of Environmental Quality 

(ODEQ) with broad legal authority, to 

establish and implement air quality 

programs and enforce regulations it has 

promulgated. The ODEQ has authority 

to adopt emission standards and 

compliance schedules applicable to 

regulated entities; other measures 

necessary for attainment and 

maintenance of the NAAQS; enforce 

applicable laws, regulations, standards 


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6A copy of the 2016 Annual Air Monitoring 

Network Plan and EPA’s approval letter are 

included in the docket for this proposed 

rulemaking. 

7A copy of the ODEQ’s 5-year monitoring 

network assessment and EPA’s evaluation are 

included in the docket for this proposed 

rulemaking. 

8 see http://www.ODEQ.Oklahoma.gov/airquality/ 

monops/sites/mon_sites.html and http://

www17.ODEQ.Oklahoma.gov/tamis/ 

index.cfm?fuseaction=home.welcome. 

9See TSD, beginning on page 6. 

10EPA is not proposing to approve or disapprove 

the existing Oklahoma minor NSR program to the 

extent that it may be inconsistent with EPA’s 

regulations governing this program. EPA has 

maintained that the CAA does not require that new 

infrastructure SIP submissions correct any defects 

in existing EPA-approved provisions of minor NSR 

programs in order for EPA to approve the 

infrastructure SIP for element C (e.g., 76 FR 41076– 

41079). EPA believes that a number of states may 

have minor NSR provisions that are contrary to the 

existing EPA regulations for this program. The 

statutory requirements of section 110(a)(2)(C) 

provide for considerable flexibility in designing 

minor NSR programs. Citations for the Oklahoma 

NSR program are provided in our TSD for this 

action. 

11See 79 FR 66626, November 10, 2014 and the 

TSD for further discussion. 

12Both sources are located in the Tulsa area; see 

the FY2016 Oklahoma annual network monitoring 

plan in the docket for this rulemaking. 

13 77 FR 9532, February 17, 2012. 

and compliance schedules; and seek 

injunctive relief. The approved SIP for 

Oklahoma is documented at 40 CFR part 

52.1920, Subpart LL. Most of the State’s 

air quality rules and standards are 

codified at Title 252, Chapter 100 of the 

Oklahoma Administrative Code 

(denoted OAC 252:100). A detailed list 

of the applicable rules at OAC 252:100 

and elsewhere in the OAC, along with 

the citations for approval into the SIP, 

is provided in Table 1 of the TSD. 

(B) Ambient air quality monitoring/ 

data system: CAA section 110(a)(2)(B) 

requires SIPs to provide for 

establishment and implementation of 

ambient air quality monitors, collection 

and analysis of monitoring data, and 

providing such data to EPA upon 

request. The OCAA provides the 

authority allowing the ODEQ to collect 

air monitoring data, quality-assure the 

results, and report the data. The ODEQ 

maintains and operates a monitoring 

network to measure ambient levels of 

the pollutants in accordance with EPA 

regulations which specify siting and 

monitoring requirements. All 

monitoring data is measured using EPA 

approved methods and subject to EPA 

quality assurance requirements. The 

ODEQ submits all required data to EPA, 

following EPA regulations. The 

monitoring network was approved into 

the SIP and undergoes annual review by 

EPA.6 In addition, 40 CFR 58.10(d) 

requires that state assess their 

monitoring network every five years. 

The ODEQ submitted their 5-year 

monitoring network assessments to us 

on April 11, 2016. Our comments on the 

5-year assessment, dated July 22, 2016, 

are in the docket for this rulemaking.7

The ODEQ Web site identifies 

Oklahoma’s ambient monitor locations, 

and provides past and current 

concentrations of criteria pollutants 

measured by the State’s monitors.8

(C) Program for enforcement: CAA 

section 110(a)(2)(C) requires SIPs to 

include the following three elements: (1) 

A program providing for enforcement of 

the measures in paragraph A above; (2) 

a program for the regulation of the 

modification and construction of 

stationary sources as necessary to 

protect the applicable NAAQS (i.e., 

state-wide permitting of minor sources); 

and (3) a permit program to meet the 

major source permitting requirements of 

the CAA (for areas designated as 

attainment or unclassifiable for the 

NAAQS in question).9

(1) Enforcement of SIP Measures. As 

noted earlier in section 110(a)(2)(A), the 

ODEQ and its Executive Director have 

the authority to enforce the 

requirements of the OCAA and any 

regulations, permits, or final compliance 

orders. This statute also provides the 

ODEQ and its Executive Director with 

general enforcement powers. Among 

other things, they can investigate 

regulated entities; issue field citations 

and compliance orders; file lawsuits to 

compel compliance with the statutes 

and regulations; commence civil 

actions; pursue criminal prosecutions; 

collect criminal and civil penalties; 

enter into remediation agreements; and 

issue emergency orders to cease 

operations. The OCAA also provides 

additional enforcement authorities and 

funding mechanisms. 

(2) Minor New Source Review (NSR). 

The CAA requires the SIP to include 

measures to regulate construction and 

modification of stationary sources to 

protect the NAAQS. The Oklahoma 

minor NSR permitting requirements 

have been approved in the SIP.10

(3) Prevention of Significant 

Deterioration (PSD) permit program. 

Oklahoma’s PSD program covers all 

NSR regulated pollutants, as well as the 

NAAQS subject to our review contained 

herein, and has been approved by EPA 

into the SIP.11

(D)(i) Interstate Pollution Transport: 

There are four requirements the SIP 

must include relating to interstate 

transport. The SIP must prohibit 

emissions within Oklahoma from 

contributing significantly to the 

nonattainment of the NAAQS in other 

states, and from interfering with the 

maintenance of the NAAQS in other 

states (section 110(a)(2)(D)(i)(I)). The SIP 

must also prohibit emissions within 

Oklahoma both from interfering with 

measures required to prevent significant 

deterioration in other states and from 

interfering with measures required to 

protect visibility in other states (section 

110(a)(2)(D)(i)(II)). 

Lead: We propose to approve the 

portion of the submittal that addresses 

the requirement that emissions within 

Oklahoma are prohibited from 

contributing to nonattainment of the Pb 

NAAQS in other states, and from 

interfering with maintenance of the Pb 

NAAQS in other states. The physical 

properties of Pb, which is a basic metal 

element and very dense, prevent Pb 

emissions from experiencing a 

significant degree of travel in the 

ambient air. No complex chemistry is 

needed to form Pb or Pb compounds in 

the ambient air, thus, ambient 

concentrations of Pb are typically 

highest near Pb sources. There are no 

areas within the State of Oklahoma 

designated as nonattainment with 

respect to the 2008 lead NAAQS. The 

ODEQ 2016 ambient monitoring plan 

provided information on lead sources: 

there are two significant sources of Pb 

emissions within the state that emit Pb 

in amounts equal to or exceeding 0.5 

tons per year and no sources within two 

miles of a neighboring state line.12

We are also proposing to approve the 

portion pertaining to the prevention of 

significant deterioration in other states 

for lead, as Oklahoma has an approved 

PSD program. The program regulates all 

NSR pollutants, (including greenhouse 

gas or GHG), which prevents significant 

deterioration in nearby States. In 

addition, as described earlier in this 

section, significant impacts from Pb 

emissions from stationary sources are 

limited to short distances from such 

sources, so visibility is not effected by 

lead emissions. Thus, we propose to 

approve the portion of the Oklahoma 

SIP related to the protection of visibility 

in other states for the Pb NAAQS. 

Nitrogen Dioxide: We propose to 

approve the portion of the submittal 

which addresses the prevention of 

emissions which significantly 

contribute to the nonattainment of the 

NO2 NAAQS in other states and 

interfere with the maintenance of the 

NO2 NAAQS in other states. On 

February 17, 2012, EPA designated the 

entire country as ‘‘unclassifiable/ 

attainment’’ for the 2010 NO2 NAAQS.13

As listed in our NO2 Design Values 

report, only one maintenance area exists 

for the prior annual NO2 NAAQS (Los 


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14See https://www.epa.gov/air-trends/air-qualitydesign-values#Design Value Reports and the docket 

for this rulemaking. 

Angeles, California).14 With no 

nonattainment or maintenance areas in 

surrounding states, Oklahoma does not 

significantly contribute to 

nonattainment or maintenance of these 

NAAQS in any of the contiguous states. 

Furthermore, during the three most 

recent design value periods (2011 

through 2013, 2012 through 2014, and 

2013 through 2015) we found no 

monitors violating the 2010 NO2

NAAQS in the US. 

We are also proposing to approve the 

portion of the submittal related to the 

prevention of significant deterioration 

in other states, as Oklahoma has an 

approved PSD program. The program 

regulates all NSR pollutants, including 

GHG, which prevents significant 

deterioration in nearby states. In 

addition, on December 28, 2011 we 

finalized a FIP that in combination with 

the controls required by the portion of 

the Oklahoma Regional Haze (RH) 

submittal approved in the same 

rulemaking, would serve to prevent 

sources in Oklahoma from emitting 

pollutants in amounts that would 

interfere with efforts to protect visibility 

in other states (see 76 FR 81728). On 

March 7, 2014, we withdrew the FIP 

and finalized our approval of the 

revised Oklahoma RH plan and 

interstate transport affecting visibility. 

Thus, the Oklahoma SIP includes 

provisions that satisfy the CAA 

interstate pollution abatement 

requirements of section 

110(a)(2)(D)(i)(II) for the 2010 NO2

NAAQS. 

Ozone: At this time we are not taking 

action on the infrastructure submittal 

regarding the prevention of emissions 

which significantly contribute to 

nonattainment of the ozone NAAQS in 

other states, and interference with the 

maintenance of the ozone NAAQS in 

other states. We plan to act on this subelement in a separate action. 

We are proposing to approve the 

portion of the submittal addressing the 

prevention of significant deterioration 

in other states, as Oklahoma has an 

approved PSD program. The program 

regulates all NSR pollutants (including 

GHG), which prevents significant 

deterioration in nearby states. In 

addition and as discussed earlier in this 

rulemaking, on March 7, 2014, we 

finalized our determination that 

Oklahoma’s Regional Haze 

Implementation Plan Revision meets the 

CAA provisions concerning noninterference with programs to protect 

visibility in other states, consistent with 

section 110(a)(2)(D)(i)(II) of the CAA 

(see 79 FR 12944). Thus, the Oklahoma 

SIP includes provisions that satisfy the 

CAA interstate pollution abatement 

requirements of section 

110(a)(2)(D)(i)(II) for the 2008 ozone 

NAAQS. 

Sulfur Dioxide: At this time we are 

not taking action on the infrastructure 

submittal regarding the prevention of 

emissions which significantly 

contribute to nonattainment of the SO2

NAAQS in other states, and interference 

with the maintenance of the SO2

NAAQS in other states (prongs 1 and 2). 

We are also not taking action on the 

portion of the submittal addressing 

visibility protection (prong 4). We plan 

to act on these three sub-elements in a 

separate action. 

We are proposing to approve only the 

sub-element addressing the prevention 

of significant deterioration in other 

states, as Oklahoma has an approved 

PSD program. The program regulates all 

NSR pollutants (including GHG), which 

prevents significant deterioration in 

nearby states. 

(D)(ii)Interstate Pollution Abatement 

and International Air Pollution: 

Pursuant to section 110(a)(2)(D)(ii)), 

states must comply with the 

requirements listed in sections 115 and 

126 of the CAA which were designed to 

aid in the abatement of interstate and 

international pollution. Section 126(a) 

requires new or modified sources to 

notify neighboring states of potential 

impacts from the source. Oklahoma’s 

PSD program contains the element 

pertaining to notification of neighboring 

states of the issuance of PSD permits. 

Section 115 relates to international 

pollution abatement. There are no 

findings by EPA that air emissions 

originating in Oklahoma affect other 

countries. Thus, the Oklahoma SIP 

satisfies the requirements of section 

110(a)(2)(D)(ii) for the four NAAQS 

discussed herein. 

(E) Adequate authority, resources, 

implementation, and oversight: The SIP 

must provide for the following: (1) 

Necessary assurances that the state (and 

other entities within the state 

responsible for implementing the SIP) 

will have adequate personnel, funding, 

and authority under state or local law to 

implement the SIP, and that there are no 

legal impediments to such 

implementation; (2) compliance with 

requirements relating to state boards as 

explained in section 128 of the CAA; 

and (3) necessary assurances that the 

state has responsibility for ensuring 

adequate implementation of any plan 

provision for which it relies on local 

governments or other entities to carry 

out that portion of the plan. 

Sections 110(a)(2)(A) and (C), 

discussed earlier in this rulemaking, 

also require that the state have adequate 

authority to implement and enforce the 

SIP without legal impediments. The 

State’s submittals describe the 

Oklahoma statutes and SIP regulations 

governing the various functions of 

personnel within the ODEQ, including 

the administrative, technical support, 

planning, enforcement, and permitting 

functions of the program. See the TSD 

for further detail. 

With respect to funding, the OCAA 

and the SIP provide the ODEQ with 

authority to hire and compensate 

employees; accept and administer grants 

or other funds; require the ODEQ to 

establish an emissions fee schedule for 

sources in order to fund the reasonable 

costs of administering various air 

pollution control programs; and 

authorizes the ODEQ to collect 

additional fees necessary to cover 

reasonable costs associated with 

processing air permit applications. The 

EPA conducts periodic program reviews 

to ensure that the state has adequate 

resources and funding to, among other 

things, implement and enforce the SIP. 

As required by the CAA, the 

Oklahoma statutes and the SIP stipulate 

that any board or body that approves 

permits or enforcement orders must 

have at least a majority of members who 

represent the public interest and do not 

derive any ‘‘significant portion’’ of their 

income from persons subject to permits 

and enforcement orders; and the 

members of the board or body, or the 

head of an agency with similar powers, 

are required to adequately disclose any 

potential conflicts of interest. 

Oklahoma has not delegated authority 

to implement any of the provisions of its 

plan to local governmental entities—the 

ODEQ acts as the primary air pollution 

control agency. 

(F) Stationary source monitoring 

system: The SIP must provide for the 

establishment of a system to monitor 

emissions from stationary sources and 

to submit periodic emission reports. It 

must require the installation, 

maintenance, and replacement of 

equipment, and the implementation of 

other necessary steps, by owners or 

operators of stationary sources, to 

monitor emissions from sources. The 

SIP shall also require periodic reports 

on the nature and amounts of emissions 

and emissions-related data from 

sources, and require that the state 

correlate the source reports with 

emission limitations or standards 

established under the CAA. These 

reports must be made available for 

public inspection at reasonable times. 


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15A list of such rules and SIP approval dates are 

provided in Table 4 of the TSD. 

The OCAA and SIP require stationary 

sources to monitor or test emissions and 

to file reports containing information 

relating to the nature and amount of 

emissions. There also are SIP-approved 

State regulations pertaining to sampling 

and testing and requirements for 

reporting of emissions inventories. In 

addition, SIP-approved rules establish 

general requirements for maintaining 

records and reporting emissions.15 The 

ODEQ uses this information, in addition 

to information obtained from other 

sources, to track progress towards 

maintaining the NAAQS, developing 

control and maintenance strategies, 

identifying sources and general 

emission levels, and determining 

compliance with SIP-approved 

regulations and additional EPA 

requirements. The SIP requires this 

information be made available to the 

public. Provisions concerning the 

handling of confidential data and 

proprietary business information are 

included in the SIP-approved 

regulations. These rules specifically 

exclude from confidential treatment any 

records concerning the nature and 

amount of emissions reported by 

sources. 

(G) Emergency authority: The SIP 

must provide the ODEQ with authority 

to restrain any source from causing 

imminent and substantial endangerment 

to public health or welfare or the 

environment. The SIP must include an 

adequate contingency plan to 

implement the ODEQ’s emergency 

authority. 

The OCAA provides the ODEQ with 

authority to address environmental 

emergencies. The ODEQ has an 

‘‘Emergency Episode Plan,’’ which 

includes contingency measures and 

these provisions are in the SIP (see 56 

FR 5656, February 12, 1991). The ODEQ 

has general emergency powers to 

address any possible dangerous air 

pollution episode if necessary to protect 

the environment and public health. 

(H) Future SIP revisions: States must 

have the authority to revise their SIPs in 

response to changes in the NAAQS, 

availability of improved methods for 

attaining the NAAQS, or in response to 

an EPA finding that the SIP is 

substantially inadequate to attain the 

NAAQS. The OCAA authorizes the 

ODEQ to revise the Oklahoma SIP as 

necessary, to account for revisions to an 

existing NAAQS, establishment of a 

new NAAQS, to attain and maintain a 

NAAQS, to abate air pollution, to adopt 

more effective methods of attaining a 

NAAQS, and to respond to EPA SIP 

calls concerning NAAQS adoption or 

implementation. 

(I) Nonattainment areas: Section 

110(a)(2)(I) of the Act requires that in 

the case of a plan or plan revision for 

areas designated as nonattainment, 

states must meet applicable 

requirements of part D of the CAA, 

relating to SIP requirements for 

designated nonattainment areas. There 

are no areas designated as 

nonattainment in Oklahoma. In 

addition, as noted earlier, EPA believes 

that nonattainment area requirements 

should be treated separately from the 

infrastructure SIP requirements. The 

specific SIP submissions for designated 

nonattainment areas, as required under 

CAA title I, part D, are subject to 

different submission schedules than 

those for section 110 infrastructure 

elements. Instead, EPA will take action 

on any part D attainment plan SIP 

submissions through a separate 

rulemaking process governed by the 

requirements for nonattainment areas, 

as described in part D. 

(J) Consultation with government 

officials, public notification, PSD and 

visibility protection: The SIP must meet 

the following three CAA requirements: 

(1) Section 121, relating to interagency 

consultation; (2) section 127 relating to 

public notification of NAAQS 

exceedances and related issues; and, (3) 

prevention of significant deterioration of 

air quality and visibility protection. 

(1) Interagency consultation: As 

required by the OCAA and the 

Oklahoma SIP, there must be a public 

hearing before the adoption of any 

regulations or emission control 

requirements, and all interested persons 

must be given a reasonable opportunity 

to review the action that is being 

proposed and to submit data or 

arguments, and to examine the 

testimony of witnesses from the hearing. 

In addition, the OCAA provides the 

ODEQ the power and duty to advise, 

consult and cooperate with other 

agencies of the State, towns, cities, 

counties, industries, other states, and 

the federal government regarding the 

prevention and control of new and 

existing air contamination sources in 

the State. Furthermore, the Oklahoma 

PSD SIP rules mandate that the ODEQ 

shall provide for public participation 

and notification regarding permitting 

applications to any other state or local 

air pollution control agencies, local 

government officials of the city or 

county where the source will be located, 

tribal authorities, and Federal Land 

Managers (FLMs) whose lands may be 

affected by emissions from the source or 

modification. Additionally, the State’s 

PSD SIP rules require the ODEQ to 

consult with FLMs regarding permit 

applications for sources with the 

potential to impact Class I Federal 

Areas. The SIP also includes a 

commitment to consult continually with 

the FLMs on the review and 

implementation of the visibility 

program, and the State recognizes the 

expertise of the FLMs in monitoring and 

new source review applicability 

analyses for visibility and has agreed to 

notify the FLMs of any advance 

notification or early consultation with a 

major new or modifying source prior to 

the submission of a permit application. 

(2) Public Notification: The ODEQ 

regularly notifies the public of instances 

or areas in which any NAAQS are 

exceeded. Included in the SIP are the 

rules for ODEQ to advise the public of 

the health hazard associated with such 

exceedances, enhance public awareness 

of measures that can prevent such 

exceedances, and inform the public on 

how it can participate in regulatory and 

other efforts to improve air quality. In 

addition, as described in the discussion 

of section 110(a)(2)(B) earlier in this 

rulemaking, the ODEQ air monitoring 

Web site provides quality data for each 

of the monitoring stations in Oklahoma; 

this data is provided instantaneously for 

certain pollutants, such as ozone. The 

Web site also provides information on 

the health effects of all six criteria 

pollutants. 

(3) PSD and Visibility Protection: The 

PSD requirements for this element are 

the same as those addressed under 

110(a)(2)(C) earlier in this rulemaking— 

the State has a SIP-approved PSD 

program, so this requirement has been 

met. The Oklahoma SIP requirements 

relating to visibility and regional haze 

are not affected when EPA establishes or 

revises a NAAQS. Therefore, EPA 

believes that there are no new visibility 

protection requirements due to the 

revision of the Pb and ozone NAAQS in 

2008, and the NO2 and SO2 NAAQS in 

2010, and consequently there are no 

newly applicable visibility protection 

obligations here. 

(K) Air quality and modeling/data: 

The SIP must provide for performing air 

quality modeling, as prescribed by EPA, 

to predict the effects on ambient air 

quality of any emissions of any NAAQS 

pollutant, and for submission of such 

data to EPA upon request. 

The ODEQ has the authority and duty 

under the OCAA to conduct air quality 

research and assessments, including the 

causes, effects, prevention, control and 

abatement of air pollution. Past 

modeling and emissions reductions 

measures have been submitted by the 

State and approved into the SIP. 

Additionally, the ODEQ has the ability 


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to perform modeling for the NAAQS on 

a case-by-case permit basis consistent 

with their SIP-approved PSD rules and 

EPA guidance. Furthermore, the OCAA 

empowers the ODEQ to cooperate with 

the federal government and others 

concerning matters of common interest 

in the field of air quality control, 

thereby allowing the agency to make 

such submissions to the EPA. 

(L) Permitting Fees: The SIP must 

require each major stationary source to 

pay permitting fees to the permitting 

authority as a condition of any permit 

required under the CAA. The fees cover 

the cost of reviewing and acting upon 

any application for such a permit, and, 

if the permit is issued, the costs of 

implementing and enforcing the terms 

of the permit. The fee requirement 

applies until such a time when a fee 

program is established by the state 

pursuant to Title V of the CAA, and is 

submitted to and is approved by EPA. 

The State has met this requirement as it 

has a fully developed fee system in 

place and approved in the SIP. See also 

the discussion of section 110(a)(2)(E) 

earlier in this rulemaking action. 

(M) Consultation/participation by 

affected local entities: The SIP must 

provide for consultation and 

participation by local political 

subdivisions affected by the SIP. 

See the discussion of section 

110(a)(2)(J)(1) and (2) earlier in this 

rulemaking for a description of the SIP’s 

public participation process, the 

authority to advise and consult, and the 

PSD SIP public participation 

requirements. Additionally, the OCAA 

requires cooperative action between 

itself and other agencies of the State, 

towns, cities, counties, industry, other 

states, affected groups, and the federal 

government in the prevention and 

control of air pollution. 

III. Proposed Action 

EPA is proposing to approve in part 

the October 5, 2012, February 28, 2014 

and January 28, 2015, infrastructure SIP 

submissions from Oklahoma, which 

address the requirements of CAA 

sections 110(a)(1) and (2) as applicable 

to the 2008 Pb, 2008 ozone, 2010 NO2, 

and 2010 SO2 NAAQS. Table 1 outlines 

the specific actions we are proposing to 

take. 

TABLE 1—PROPOSED ACTION ON OKLAHOMA INFRASTRUCTURE SIP SUBMITTALS FOR VARIOUS NAAQS 

110(a)(2) Element 2008 

ozone 

2008 

Pb 

2010 

NO2

2010 

SO2

(A): Emission limits and other control measures ................................................................................................. PR PR PR PR 

(B): Ambient air quality monitoring and data system ........................................................................................... PR PR PR PR 

(C)(i): Enforcement of SIP measures ................................................................................................................... PR PR PR PR 

(C)(ii): PSD program for major sources and major modifications ........................................................................ PR PR PR PR 

(C)(iii): Permitting program for minor sources and minor modifications .............................................................. PR PR PR PR 

(D)(i)(I): Contribute to nonattainment/interfere with maintenance of NAAQS (requirements 1 and 2) ................ SA PR PR SA 

(D)(i)(II): PSD (requirement 3) .............................................................................................................................. PR PR PR PR 

(D)(i)(II): Visibility Protection (requirement 4) ....................................................................................................... PR PR PR SA 

(D)(ii): Interstate and International Pollution Abatement ...................................................................................... PR PR PR PR 

(E)(i): Adequate resources ................................................................................................................................... PR PR PR PR 

(E)(ii): State boards .............................................................................................................................................. PR PR PR PR 

(E)(iii): Necessary assurances with respect to local agencies ............................................................................. PR PR PR PR 

(F): Stationary source monitoring system ............................................................................................................ PR PR PR PR 

(G): Emergency power ......................................................................................................................................... PR PR PR PR 

(H): Future SIP revisions ...................................................................................................................................... PR PR PR PR 

(I): Nonattainment area plan or plan revisions under part D ............................................................................... NG NG NG NG 

(J)(i): Consultation with government officials ....................................................................................................... PR PR PR PR 

(J)(ii): Public notification ....................................................................................................................................... PR PR PR PR 

(J)(iii): PSD ........................................................................................................................................................... PR PR PR PR 

(J)(iv): Visibility protection ..................................................................................................................................... PR PR PR PR 

(K): Air quality modeling and data ........................................................................................................................ PR PR PR PR 

(L): Permitting fees ............................................................................................................................................... PR PR PR PR 

(M): Consultation and participation by affected local entities .............................................................................. PR PR PR PR 

Key to Table 1: 

NG—Element is not germane to infrastructure SIPs. 

PR—Proposing to approve in this action. 

SA—Acting on this infrastructure requirement in a separate rulemaking. 

Based upon review of these 

infrastructure SIP submissions and 

relevant statutory and regulatory 

authorities and provisions referenced in 

these submissions or referenced in the 

Oklahoma SIP, we believe Oklahoma 

has the infrastructure in place to 

address all applicable required elements 

of sections 110(a)(1) and (2) (except as 

noted in Table 1) to ensure that the 2008 

Pb, 2008 Ozone, 2010 NO2, and 2010 

SO2 NAAQS are implemented in the 

State. 

IV. 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 


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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). 

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 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, Incorporation by 

reference, Intergovernmental relations, 

Interstate transport of pollution, Lead, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

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

Dated: September 13, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2016–22560 Filed 9–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 455 

Office of Inspector General 

42 CFR Part 1007 

RIN 0936–AA07 

Medicaid; Revisions to State Medicaid 

Fraud Control Unit Rules 

AGENCIES: Office of Inspector General 

(OIG) and Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

amend the regulation governing State 

Medicaid Fraud Control Units (MFCUs 

or Units). The proposed rule would 

incorporate statutory changes affecting 

the MFCUs as well as policy and 

practice changes that have occurred 

since the regulation was initially issued 

in 1978. These changes include a 

codification of OIG’s delegated 

authority, MFCU authority, functions, 

and responsibilities; disallowances; and 

issues related to organization, 

prosecutorial authority, staffing, 

recertification, and the MFCUs’ 

relationship with Medicaid agencies. 

DATES: To ensure consideration, 

comments must be delivered to the 

address provided below by no later than 

5 p.m. Eastern Standard Time on 

November 21, 2016. 

ADDRESSES: In commenting, please 

reference file code OIG–406–P. Because 

of staff and resource limitations, we 

cannot accept comments by facsimile 

(FAX) transmission. However, you may 

submit comments using one of two ways 

(no duplicates, please): 

1. Electronically. We strongly 

encourage you to submit your comments 

via the Internet. You may submit 

electronically through the Federal 

eRulemaking Portal at http://

www.regulations.gov. (Attachments 

should be in Microsoft Word, if 

possible.) 

2. By regular, express, or overnight 

mail. Because of potential delays in our 

receipt and processing of mail, we 

encourage respondents to submit 

comments electronically to ensure 

timely receipt. However, you may mail 

your printed or written submissions to 

the following address: 

Patrice Drew, Office of Inspector 

General, Department of Health and 

Human Services, Attention: OIG–406– 

P, Cohen Building, 330 Independence 

Avenue SW, Room 5269, Washington, 

DC 20201. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. Comments 

received after the end of the comment 

period may not be considered. 

Inspection of Public Comments: All 

comments received before the end of the 

comment period will be posted on 

http://www.regulations.gov for public 

viewing. Hard copies will also be 

available for public inspection at the 

Office of Inspector General, Department 

of Health and Human Services, Cohen 

Building, 330 Independence Avenue 

SW, Washington, DC 20201, Monday 

through Friday from 10 a.m. to 4 p.m. 

To schedule an appointment to view 

public comments, phone (202) 619– 

1368. 

FOR FURTHER INFORMATION CONTACT: 

Susan Burbach, (202) 708–9789 or 

Richard Stern, (202) 205–0572, Office of 

Inspector General, for questions relating 

to the proposed rule. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

A. Need for Regulatory Action 

We propose to amend this regulation 

for two reasons. First, we want to 

incorporate into the rule the statutory 

changes that have occurred since the 

1977 enactment of the MedicareMedicaid Anti-Fraud and Abuse 

Amendments (Pub. L. 95–142), which 

amended section 1903(a) of the Social 

Security Act (the Act) to provide for 

Federal participation in the costs 

attributable to establishing and 

operating a State Medicaid Fraud 

Control Unit (MFCU or Unit). Second, 

we want to align the rule with practices 

and policies that have developed and 

evolved since the initial version of the 

rule was issued in 1978, 43 FR 32078 

(July 24, 1978), codified at 42 CFR part 

1007. Because of the extensive nature of 

our proposal, we have republished the 

entirety of part 1007 and incorporated 

our proposed changes as part of that 

publication. However, for some sections 

within part 1007, we are not proposing 

substantive changes. 

B. Legal Authority 

The legal authority for this regulatory 

action is found in the Act as follows: 

1007: SSA §§ 1902(a)(61), 1903(a)(6), 

1903(b)(3), 1903(q), and 1102. 455: SSA 

§§ 1902(a)(4), 1903(i)(2), 1909. 

C. Summary of Major Provisions 

(1) Statutory Changes. We propose to 

incorporate statutory changes that have 

occurred since 1977, including (1) 


sradovich on DSK3GMQ082PROD with PROPOSALS