Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Proposed Rules 2097 

levels of government. Accordingly, we 

conclude that the rule does not contain 

policies that have federalism 

implications as defined in the Executive 

Order and, consequently, a federalism 

summary impact statement is not 

required. 

VIII. Consultation and Coordination 

With Indian Tribal Governments 

We have analyzed this proposed rule 

in accordance with the principles set 

forth in Executive Order 13175. We 

have tentatively determined that the 

rule does not contain policies that 

would have a substantial direct effect on 

one or more Indian Tribes, on the 

relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. The 

Agency solicits comments from tribal 

officials on any potential impact on 

Indian Tribes from this proposed action. 

IX. Other Issues for Consideration 

This proposed rule would only delay 

the effective date of the portions of a 

final rule amending the ‘‘intended use’’ 

regulations for medical products 

(§§ 201.128 and 801.4), published in the 

Federal Register of January 9, 2017. 

Therefore, comments to this proposed 

rule should pertain to this delay of the 

effective date only with respect to such 

provisions. 

X. Request for Comments 

FDA is proposing to delay, until 

further notice, the effective date of the 

amendments to §§ 201.128 and 801.4 

that were published at 82 FR 2193 on 

January 9, 2017. FDA had previously 

delayed the effective date on February 7, 

2017 (82 FR 9501), and on March 20, 

2017 (82 FR 14319). FDA requests 

comment on this proposal to further 

delay the effective date of the 

amendments to §§ 201.128 and 801.4. 

Dated: January 10, 2018. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2018–00555 Filed 1–12–18; 8:45 am] 

BILLING CODE 4164–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2017–0697; FRL–9972–98– 

Region 1] 

Air Plan Approval; Connecticut; 

Revision of the Low Emission Vehicles 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of 

Connecticut on December 14, 2015. This 

SIP revision includes Connecticut’s 

revised regulation for new motor vehicle 

emission standards. Connecticut has 

updated its rule to be consistent with 

various updates made to California’s 

low emission vehicle (LEV) program. 

The Connecticut LEV regulations also 

include updates to the zero emission 

vehicle (ZEV) provision. Connecticut 

has adopted these revisions to reduce 

emissions of volatile organic 

compounds (VOC), particulate matter 

(PM), and nitrogen oxides (NOX) in 

accordance with the requirements of the 

Clean Air Act (CAA), as well as to 

reduce greenhouse gases. The intended 

effect of this action is to propose 

approval of Connecticut’s December 14, 

2015 SIP revision. This action is being 

taken under the CAA. 

DATES: Written comments must be 

received on or before February 15, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2017–0697 at 

www.regulations.gov, or via email to 

rackauskas.eric@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

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

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

www.epa.gov/dockets/commenting-epadockets. Publicly available docket 

materials are available at 

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: Eric 

Rackauskas, Air Quality Planning Unit, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square, Suite 100 (mail 

code: OEP05–2), Boston, MA 02109– 

3912, telephone number (617) 918– 

1628, fax number (617) 918–0628, email 

rackauskas.eric@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. Background and Purpose 

II. The California LEV Program 

III. Relevant EPA and CAA Requirements 

IV. Proposed Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background and Purpose 

On December 14, 2015, the 

Connecticut Department of Energy and 

Environmental Protection (DEEP) 

submitted a revision to its SIP 

consisting of the amended Section 22a– 

174–36b ‘‘Low Emission Vehicle II 

Program’’ (LEV II) and the newly 

adopted Section 22a–174–36c ‘‘Low 

Emission Vehicle III Program’’ (LEV III) 

of the Regulations of Connecticut State 

Agencies (RCSA). This SIP revision 

proposes to adopt regulations to mirror 

the California Air Resources Board 

(CARB) emission limits for new 

passenger cars, light-duty trucks, and 

medium-duty passenger vehicles sold, 

leased, imported, delivered, purchased, 

rented, acquired, or received in the State 

of Connecticut. Connecticut’s amended 

LEV II and adopted LEV III programs 

were submitted as part of an overall 

revision to their ‘‘infrastructure SIP’’ for 

the 2012 Fine Particle (PM2.5) National 


daltland on DSKBBV9HB2PROD with PROPOSALS
2098 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Proposed Rules 

Ambient Air Quality Standards 

(NAAQS), as required by section 

110(a)(1) and (2) of the CAA. 

EPA previously approved RCSA 

Section 22a–174–36b (LEV II) into the 

Connecticut SIP on March 17, 2015 (80 

FR 13768). The SIP revision approved 

on March 17, 2015, adopted the 

California LEV II program, which was 

effective in Connecticut on December 4, 

2004, and subsequently amended on 

December 22, 2005, August 4, 2009, and 

September 10, 2012. The previously 

SIP-approved LEV II program also 

included all elements of the ZEV 

program, commencing with 2008 model 

year vehicles. The current version of 

Connecticut’s LEV II program 

regulation, which is being proposed for 

approval, was amended with an 

effective date of August 1, 2013. The 

revised Connecticut LEV II program, 

submitted as part of Connecticut’s 

December 14, 2015 SIP revision, 

contains minor updates that place an 

end date to LEV II program standards of 

model year 2014, for vehicles bought in 

Connecticut. Any 2015 and subsequent 

model year vehicle is regulated by the 

more stringent RCSA Section 22(a)– 

174–36c (LEV III), also effective in CT 

on August 1, 2013. 

Connecticut’s revised regulations also 

include updates to the California ZEV 

program. In 2003, CARB finalized 

modifications to the ZEV program that 

better aligned the requirements with the 

status of then-available technology 

development. The updated CARB 

regulations require that 10% of vehicles 

be ZEVs starting in 2005, and allow 

manufacturers to earn and bank credits 

for those types of vehicles produced 

before 2005. The program also includes 

an ‘‘alternative compliance path’’ that 

allowed advanced technology partial 

ZEVs (AT PZEVs) (e.g. gasoline electric 

hybrids) to be used to meet ZEV 

program requirements, provided that 

manufacturers meet a requirement that 

a portion of the motor vehicle fleet be 

fueled by hydrogen fuel cells. The 

modifications to the ZEV program also 

broadened the scope of vehicles that 

qualified for meeting a portion of the 

ZEV sales requirement. 

Additionally, Connecticut’s LEV III 

regulation includes the California 

updates to the State’s greenhouse gas 

(GHG) program. This update applies to 

all passenger cars, light-duty trucks, and 

medium-duty vehicles for 2017 and 

subsequent model years. Connecticut 

previously adopted a GHG provision as 

part of its LEV II regulation, which 

applies to model year 2009–2016 

vehicles. The updated Connecticut GHG 

language mirrors the California GHG 

regulation. 

II. The California LEV Program 

CARB adopted the first generation of 

LEV regulations (LEV I) in 1990, which 

impacted vehicles through the 2003 

model year. CARB adopted California’s 

second generation LEV regulation (LEV 

II) following a November 1998 hearing. 

Subsequent to the adoption of the 

California LEV II program in February 

2000, EPA adopted separate Federal 

standards known as the Tier 2 

regulations (February 10, 2000; 65 FR 

6698). In December 2000, CARB 

modified the California LEV II program 

to take advantage of some elements of 

the Federal Tier 2 regulations to ensure 

that only the cleanest vehicle models 

would continue to be sold in California. 

EPA granted California a waiver for its 

LEV II program on April 22, 2003 (68 FR 

19811). In 2012, CARB ‘packaged’ the 

third generation LEV program (LEV III) 

with updated GHG emission standards 

and ZEV requirements as part of 

California’s Advanced Clean Cars (ACC) 

program. EPA granted California a 

waiver for the ACC program on January 

9, 2013 (78 FR 2112). 

The LEV II and LEV III regulations 

expanded the scope of LEV I regulations 

by setting strict fleet-average emission 

standards for light-duty, medium-duty 

(including sport utility vehicles) and 

heavy-duty vehicles. The standards for 

LEV II began with the 2004 model year 

and increased in stringency with each 

vehicle model year. The LEV III 

standards began in 2015 and continue to 

increase emission stringency with each 

progressive vehicle model year through 

2025 and beyond. 

An automobile manufacturer must 

show that the overall vehicle fleet for a 

given model year meets the specified 

phase-in requirements according to the 

fleet average non-methane hydrocarbon 

requirement for that year. The fleet 

average non-methane hydrocarbon 

emission limits are progressively lower 

with each model year. The program also 

requires auto manufacturers to include 

a ‘‘smog index’’ label on each vehicle 

sold, which is intended to inform 

consumers about the amount of 

pollution produced by that vehicle 

relative to other vehicles. 

In addition to meeting the LEV II and 

LEV III requirements, large or 

intermediate volume manufacturers 

must ensure that a certain percentage of 

the passenger cars and light-duty trucks 

that they market in California are ZEVs. 

This is referred to as the ZEV mandate. 

California has modified the ZEV 

mandate several times since it took 

effect. One modification allowed an 

alternative compliance program (ACP) 

to provide auto manufacturers with 

several options to meet the ZEV 

mandate. The ACP established ZEV 

credit multipliers to allow auto 

manufacturers to take credit for meeting 

the ZEV mandate by selling more partial 

ZEVs (PZEVs) and AT PZEVs than they 

are otherwise required to sell. On 

December 28, 2006, EPA granted 

California’s request for a waiver of 

Federal preemption to enforce 

provisions of the ZEV regulations 

through the 2011 vehicle model year. In 

a letter dated June 27, 2012, CARB 

requested that EPA grant a waiver of 

preemption that allowed updated ZEV 

regulations as part of the ACC program. 

These updated ZEV regulations will 

require manufacturers to produce 

increasing numbers of ZEVs and plug-in 

hybrid electric vehicles in 2018 and 

subsequent years. EPA granted this 

waiver on January 9, 2013 (78 FR 2112). 

On October 15, 2005, California 

amended its LEV II program to include 

GHG emission standards for passenger 

cars, light-duty trucks, and mediumduty passenger vehicles. On December 

21, 2005, California requested that EPA 

grant a waiver of preemption under 

CAA section 209(b) for its GHG 

regulations. On June 30, 2009, EPA 

granted CARB’s request for a waiver of 

CAA preemption to enforce its GHG 

emission standards for new model year 

2009 and subsequent model year motor 

vehicles (July 8, 2009; 74 FR 32744– 

32784). Approval for updated and 

extended GHG emissions standards was 

granted by EPA as part of the January 9, 

2013 ACC waiver (78 FR 2112), which 

includes regulations that incrementally 

reduce GHG emissions though 2025 and 

beyond. 

III. Relevant EPA and CAA 

Requirements 

Section 209(a) of the CAA prohibits 

states from adopting or enforcing 

standards relating to the control of 

emissions from new motor vehicles or 

new motor vehicle engines. However, 

under section 209(b) of the CAA, EPA 

shall grant a waiver of the section 209(a) 

prohibition to the State of California if 

EPA makes specified findings, thereby 

allowing California to adopt its own 

motor vehicle emission standards. 

Furthermore, other states may adopt 

California’s motor vehicle emission 

standards under section 177 of the CAA. 

For additional information regarding 

California’s motor vehicle emission 

standards and adoption by other states, 

please see EPA’s ‘‘California Waivers 

and Authorizations’’ web page at URL 

address: www.epa.gov/otaq/cafr.htm. 

This website also lists relevant Federal 

Register notices that have been issued 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Proposed Rules 2099 

1See EPA’s October 29, 2007 letter to 

Manufacturers regarding ‘‘Sales of Californiacertified 2008–2010 Model Year Vehicles (CrossBorder Sales Policy),’’ with attachments. https://

iaspub.epa.gov/otaqpub/display_file.jsp?docid=

16888&flag=1. 

by EPA in response to California waiver 

and authorization requests. 

A. Waiver Process 

The CAA allows California to seek a 

waiver of the preemption which 

prohibits states from enacting emission 

standards for new motor vehicles. EPA 

must grant this waiver before 

California’s rules may be enforced. 

When California files a waiver request, 

EPA publishes a notice for public 

hearing and written comment in the 

Federal Register. The written comment 

period remains open for a period of time 

after the public hearing. Once the 

comment period expires, EPA reviews 

the comments and the Administrator 

determines whether the requirements 

for obtaining a waiver have been met. 

According to CAA section 209—State 

Standards, EPA shall grant a waiver 

unless the Administrator finds that 

California: 

—Was arbitrary and capricious in its 

finding that its standards are in the 

aggregate at least as protective of 

public health and welfare as 

applicable Federal standards; 

—Does not need such standards to meet 

compelling and extraordinary 

conditions; or 

—Proposes standards and 

accompanying enforcement 

procedures that are not consistent 

with section 202(a) of the CAA. 

The most recent EPA waiver relevant 

to EPA’s proposed approval of 

Connecticut’s LEV program is 

‘‘California State Motor Vehicle 

Pollution Control Standards; Notice of 

Decision Granting a Waiver of Clean Air 

Act Preemption for California’s 

Advanced Clean Car Program and a 

Within the Scope confirmation for 

California’s Zero Emissions Vehicle 

Amendments for 2017 and Earlier 

Model Years’’ (January 9, 2013; 78 FR 

2112–2145). This final rulemaking 

allows California to strengthen 

standards for LEV regulations and GHG 

emissions from passenger cars, lightduty trucks and medium-duty vehicles. 

It also allows for continuing ZEV 

regulations by requiring more ZEV 

manufacturing and sales through 2025 

and subsequent years. 

B. State Adoption of California 

Standards 

Section 177 of the CAA allows other 

states to adopt and enforce California’s 

standards for the control of emissions 

from new motor vehicles, provided that, 

among other things, such state standards 

are identical to the California standards 

for which a waiver has been granted 

under CAA section 209(b). In addition, 

the state must adopt such standards at 

least two years prior to the 

commencement of the model year to 

which the standards will apply. EPA 

issued guidance (CISD–07–16) 1

regarding its cross-border sales policy 

for California-certified vehicles. This 

guidance includes a list and map of 

states that have adopted California 

standards, specific to the 2008–2010 

model years. All SIP revisions 

submitted to EPA for approval must also 

meet the requirements of CAA section 

110(l). 

The provisions of section 177 of the 

CAA require Connecticut to amend the 

Connecticut LEV program at such time 

as the State of California amends its 

California LEV program. Connecticut 

has demonstrated its commitment to 

maintain a LEV program through the 

continued adoption of regulatory 

amendments to Connecticut’s initial 

LEV program. 

In addition, Connecticut’s December 

14, 2015 SIP submittal meets the 

requirements of section 110(l) of the 

CAA because the SIP revision would not 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

applicable requirement of the CAA. This 

SIP revision sets new requirements, the 

California LEV III standards, that are 

more stringent than the California LEV 

I and LEV II standards previously 

approved into the Connecticut SIP, and 

expands program coverage to model 

year vehicles not covered by the 

California LEV I and LEV II standards, 

and by extension, not previously 

included in the Connecticut SIP. 

Though the SIP revision places an end 

date to model year cars covered under 

the LEV II program, it also adopts the 

more stringent LEV III program to apply 

to model years immediately following 

the LEV II regulated vehicles. 

Connecticut’s SIP revision also includes 

increasingly stringent GHG emissions 

and LEV sales requirements that are not 

currently part of the Connecticut SIP. 

IV. Proposed Action 

EPA is proposing to approve, and 

incorporate into the Connecticut SIP, 

Connecticut’s revised RCSA Section 

22a–174–36b (LEV II) and adopted 

RCSA Section 22a–174–36c (LEV III), 

effective in the State of Connecticut on 

August 1, 2015, and submitted to EPA 

on December 14, 2015. The new and 

revised regulations include: Ending the 

California LEV II program with model 

year 2014 vehicles and adopting the 

California LEV III program for model 

year 2015 and subsequent model year 

vehicles, the updated California GHG 

provisions, and the updated ZEV 

provisions. EPA is proposing to approve 

Connecticut’s revised RCSA Section 

22a–174–36b and adopted RCSA 

Section 22a–174–36c into the 

Connecticut SIP because EPA has found 

that the requirements are consistent 

with the CAA. 

In addition, EPA is proposing to 

remove 40 CFR 52.381, which was 

promulgated on January 24, 1995 (60 FR 

4737). This section states that 

Connecticut must comply with the 

requirements of 40 CFR 51.120, which 

are to implement the Ozone Transport 

Commission (OTC) LEV program. As 

noted above, Connecticut subsequently 

adopted the California LEV and LEV II 

programs. Furthermore, today’s 

proposed approval of Connecticut’s 

revised LEV II and adopted LEV III 

programs, if finalized, will add 

California’s even more stringent 

standards into Connecticut’s SIP. Thus, 

Connecticut has satisfied 40 CFR 

52.381, and therefore, EPA is proposing 

to remove 40 CFR 52.381 from the Code 

of Federal Regulations. In addition, on 

March 11, 1997, the U.S. Court of 

Appeals for the District of Columbia 

Circuit vacated the provisions of 40 

CFR. 51.120. See Virginia v. EPA, 108 

F.3d 1397. Because of the vacatur, EPA 

concludes that 40 CFR 52.381 is, in any 

event, obsolete. 

EPA is soliciting public comments on 

the issues discussed in this notice or on 

other relevant matters. These comments 

will be considered before taking final 

action. Interested parties may 

participate in the Federal rulemaking 

procedure by submitting written 

comments to this proposed rule by 

following the instructions listed in the 

ADDRESSES section of this Federal 

Register. 

V. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

Connecticut’s regulations cited in 

Section IV of this proposed rulemaking. 

The EPA has made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and at the 

appropriate EPA. 


daltland on DSKBBV9HB2PROD with PROPOSALS
2100 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Proposed Rules 

VI. 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 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 proposed 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 proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders12866 (58 FR 51735, 

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

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

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, 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: January 2, 2018. 

Ken Moraff, 

Acting Regional Administrator, EPA New 

England. 

[FR Doc. 2018–00477 Filed 1–12–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 257 

[EPA–HQ–OLEM–2017–0613; FRL–9972– 

95–OLEM] 

Oklahoma: Approval of State Coal 

Combustion Residuals State Permit 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability; request 

for comment. 

SUMMARY: Pursuant to the Resource 

Conservation and Recovery Act (RCRA 

or Act), the Environmental Protection 

Agency (EPA) is proposing to approve 

the application submitted by the 

Oklahoma Department of Environmental 

Quality to allow the Oklahoma Coal 

Combustion Residuals (CCR) state 

permit program to operate in lieu of the 

Federal CCR program. EPA has 

preliminarily determined that 

Oklahoma’s program meets the standard 

for approval under RCRA. Once 

approved, the State program 

requirements and resulting permit 

provisions will be subject to EPA’s 

inspection and enforcement authorities 

under RCRA and other applicable 

statutory and regulatory provisions as 

discussed below. This notice also 

announces that EPA is seeking comment 

on this proposal during a 45-day public 

comment period, and is providing an 

opportunity to request a public hearing 

within the first 15 days of this comment 

period. 

DATES: Comments must be received on 

or before March 2, 2018. In addition, a 

public hearing request must be 

submitted on or before January 31, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OLEM–2017–0613, at https://

www.regulations.gov or by mail to: EPA 

Docket Center, Environmental 

Protection Agency, Mail Code 28221T, 

1200 Pennsylvania Ave. NW, 

Washington, DC 20460. Follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

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

other file sharing system). For the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Mary Jackson, Office of Resource 

Conservation and Recovery, 

Environmental Protection Agency; 

telephone number: (703) 308–8453; 

email address: jackson.mary@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means the EPA. 

I. General Information 

A. Overview of Proposed Actions 

EPA is proposing to approve 

Oklahoma’s CCR state permit program 

application, pursuant to RCRA 

4005(d)(1)(B). Oklahoma’s proposed 

program would allow the Oklahoma 

Department of Environmental Quality 

(ODEQ) to enforce rules promulgated 

under its solid waste statute related to 

CCR activities in non-Indian Country, as 

well as to handle permit applications 

and to enforce permit violations. If 

approved, Oklahoma’s CCR permit 

program will operate in lieu of the 

Federal CCR program, codified at 40 

CFR part 257, subpart D. 

This notice also announces that EPA 

is seeking comment on this proposal, 

and providing an opportunity to request 

a public hearing on whether the State’s 

program is at least as protective as the 

federal program. If there is significant 

interest shown in holding a public 


daltland on DSKBBV9HB2PROD with PROPOSALS