Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Rules and Regulations 74921 

Executive Orders 12866, 12988, and 

13132. This rule is not a significant 

regulatory action as defined in 

Executive Order 12866. The rule has 

been reviewed in accordance with 

Executive Order 12988. This rule 

preempts state laws that are inconsistent 

with its provisions. Before a judicial 

action may be brought concerning this 

rule or action taken under this rule, all 

administrative remedies must be 

exhausted. This regulation will not have 

a substantial direct effect on the states, 

on the relationship between the national 

government and the states, or on 

distribution of power and 

responsibilities among the various 

levels of Government. Therefore, in 

accordance with E.O. 13132, it is 

determined this regulation does not 

have sufficient Federalism implications 

to warrant the preparation of a 

Federalism Assessment. 

List of Subjects in 29 CFR Part 20 

Administrative wage garnishment, 

Debt collection, Labor. 

Signed at Washington, DC, on this 17th day 

of October, 2016. 

Thomas E. Perez, 

U.S. Secretary of Labor. 

PART 20—FEDERAL CLAIMS 

COLLECTION 

■ Accordingly, the interim rule 

amending 29 CFR part 20 which was 

published at 80 FR 60797 on October 8, 

2015, is adopted as a final rule without 

change. 

[FR Doc. 2016–26093 Filed 10–27–16; 8:45 am] 

BILLING CODE 4510–7C–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0263; FRL–9953–46– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Oklahoma; 

Disapproval of Prevention of 

Significant Deterioration for Particulate 

Matter Less Than 2.5 Micrometers— 

Significant Impact Levels and 

Significant Monitoring Concentration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is disapproving the 

severable portions of the February 6, 

2012, Oklahoma State Implementation 

Plan (SIP) submittal which establish 

certain de minimis thresholds for 

particulate matter less than 2.5 

micrometers in diameter (PM2.5) in the 

Prevention of Significant Deterioration 

(PSD) permitting requirements. 

Specifically, we are disapproving 

provisions that adopt and implement 

the PM2.5 significant impact levels (SILs) 

and significant monitoring 

concentration (SMC); both of which 

were vacated by a federal court and 

subsequently removed from federal PSD 

regulations. We are disapproving the 

submitted provisions as inconsistent 

with federal laws and regulations for the 

permitting of PM2.5. The EPA is 

finalizing this disapproval under section 

110 and part C of the Clean Air Act 

(CAA). 

DATES: This rule is effective on 

November 28, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2012–0263. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Adina Wiley, (214) 665–2115, 

wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

I. Background 

The background for this action is 

discussed in detail in our August 11, 

2016, proposed disapproval at 81 FR 

53098. In that document, we proposed 

to disapprove the severable portions of 

the February 6, 2012, Oklahoma SIP 

submittal which establish the voluntary 

PM2.5 SILs provision and SMC. We 

presented our preliminary 

determination that these submitted 

revisions to the Oklahoma SIP must be 

disapproved because they establish 

permitting SIP requirements that are 

inconsistent with the federal statutory 

and regulatory permitting requirements 

for PM2.5. We did not receive any 

comments regarding our proposed 

disapproval 

II. Final Action 

We are disapproving the following 

severable portions of the February 6, 

2012, Oklahoma SIP submittal 

establishing the voluntary PM2.5 SILs 

provision and SMC. We are taking this 

final action under section 110 and part 

C of the CAA. 

• Substantive revisions to the 

Oklahoma SIP at OAC 252:100–8– 

33(c)(1)(C) establishing the PM2.5 SMC 

as submitted on February 6, 2012; and 

• Substantive revisions to the 

Oklahoma PSD program in OAC 

252:100–8–35(a)(2) establishing the 

PM2.5 PSD SILs provision as submitted 

on February 6, 2012. 

The EPA is disapproving the revisions 

listed because the submitted provisions 

are inconsistent with the federal 

statutory and regulatory permitting 

requirements for PM2.5. Upon the 

effective date of this final disapproval, 

owners or operators of a proposed 

source or modification will continue to 

satisfy the source impact analysis 

provisions for PM2.5 as required under 

the Oklahoma SIP at OAC 252:100–8– 

35(a)(1). Additionally, the State of 

Oklahoma will continue to have the 

necessary authority to require 

monitoring of PM2.5 under the 

Oklahoma SIP at OAC 252:100–8– 

35.1(b)(3), consistent with the 

provisions of 40 CFR 52.21(m). This 

final disapproval does not require the 

EPA to promulgate a Federal 

Implementation Plan, because the 

Oklahoma PSD SIP program continues 

to satisfy the Federal PSD SIP 

requirements for PM2.5 monitoring and 

source impact analysis. We are 

finalizing this disapproval under section 

110 and part C of the Act; as such, the 

EPA will not impose sanctions as a 

result of this final disapproval. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA. There is no burden imposed under 

the PRA because this action disapproves 

submitted revisions that are no longer 

consistent with federal laws and 

regulations for the regulation and 

permitting of PM2.5. 


ehiers on DSK5VPTVN1PROD with RULES
74922 Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Rules and Regulations 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities. This action disapproves 

submitted revisions that are no longer 

consistent with federal laws and 

regulations for the regulation and 

permitting of PM2.5, and therefore will 

have no impact on small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

This action disapproves submitted 

revisions that are no longer consistent 

with federal laws and regulations for the 

regulation and permitting of PM2.5, and 

therefore will have no impact on small 

governments. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This action disapproves 

provisions of state law that are no longer 

consistent with federal law for the 

regulation and permitting of PM2.5; there 

are no requirements or responsibilities 

added or removed from Indian Tribal 

Governments. Thus, Executive Order 

13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it disapproves state permitting 

provisions that are inconsistent with 

federal laws and regulations for the 

regulation and permitting of PM2.5. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations. This action is not subject 

to Executive Order 12898 because it 

disapproves state permitting provisions 

that are inconsistent with federal laws 

and regulations for the regulation and 

permitting of PM2.5. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

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

L. Judicial Review 

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

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 27, 

2016. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action 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 CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: October 21, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart LL—Oklahoma 

■ 2. Section 52.1922 is revised to read 

as follows: 

§ 52.1922 Approval status. 

(a) With the exceptions set forth in 

this subpart, the Administrator approves 

Oklahoma’s State Implementation Plan 

under section 110 of the Clean Air Act 

for the attainment and maintenance of 

the national standards. 

(b) The EPA is disapproving the 

following severable portions of the 

February 6, 2012, Oklahoma SIP 

submittal: 

(1) Revisions establishing Minor New 

Source Review Greenhouse Gas (GHG) 

permitting requirements at OAC 

252:100–7–2.1 as submitted on February 

6, 2012. 

(2) Revisions to the Oklahoma 

Prevention of Significant Deterioration 

(PSD) program in OAC 252:100–8–31 

establishing PSD permitting 

requirements for sources that are 

classified as major and thus required to 

obtain a PSD permit based solely on 

their potential GHG emissions (‘‘Step 2 

sources’’) at paragraph (E) of the 

definition of ‘‘subject to regulation’’ as 

submitted on February 6, 2012. 

(3) Revisions to the Oklahoma PSD 

Program at OAC 252:100–8–33(c)(1)(C) 

establishing the PM2.5 Significant 

Monitoring Concentration as submitted 

on February 6, 2012. 

(4) Revisions to the Oklahoma PSD 

Program in OAC 252:100–8–35(a)(2) 

establishing the PM2.5 PSD Significant 

Impact Levels as submitted on February 

6, 2012. 

(c) The EPA is disapproving the 

revisions to the Oklahoma State 

Implementation Plan definitions of 

‘‘carbon dioxide equivalent emissions’’ 

at OAC 252:100–1–3 and ‘‘subject to 

regulation’’ at OAC 252:100–8–31 to 

implement the Greenhouse Gas Biomass 

Deferral as submitted on January 18, 

2013. 

[FR Doc. 2016–25982 Filed 10–27–16; 8:45 am] 

BILLING CODE 6560–50–P 


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