[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)]
[Rules and Regulations]
[Pages 15713-15715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8440]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OK-12-1-7079a; FRL-5438-4]
Approval of Volatile Organic Compound Regulations for Oklahoma
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving the State Implementation Plan (SIP)
revision submitted by the State of Oklahoma for the purpose of removing
equivalent test method and alternative standard language from the
Oklahoma volatile organic compound regulations. The SIP revision was
submitted by the State in follow-up to an agreement between Oklahoma
and EPA in conjunction with the Tulsa ozone redesignation request
published in the Federal Register on January 31, 1991. The rationale
for the approval is set forth in this document; additional information
is available at the address indicated in the ADDRESSES section.
DATES: This final rule is effective on June 10, 1996 unless adverse or
critical comments are received by May 9, 1996. If the effective date is
delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas Diggs, Chief (6PD-L), Air Planning Section, at the EPA Regional
Office listed below. Copies of the documents relevant to this action
are available for public inspection during normal business hours at the
following locations. Interested persons wanting to examine these
documents should make an appointment with the appropriate office at
least 24 hours before the visiting day.
U.S. Environmental Protection Agency, Region 6, Multimedia Planning &
Permitting Division (6PD-L), 1445 Ross Avenue, Suite 700, Dallas, Texas
75202-2733.
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, S.W., Washington, DC 20460.
Oklahoma Department of Environmental Quality, Air Quality Program, 4545
North Lincoln Blvd., Suite 250, Oklahoma City, Oklahoma 73105-3483.
FOR FURTHER INFORMATION CONTACT: Mr. James F. Davis, Air Planning
Section (6PD-L), Multimedia Planning & Permitting Division, U.S.
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733, Telephone (214) 665-7584.
SUPPLEMENTARY INFORMATION:
I. Background
On May 16, 1994, the State of Oklahoma submitted to the EPA rules
for Oklahoma SIP revisions removing equivalent test method and
alternative standard language from the Oklahoma volatile organic
compound regulations. In addition to the State regulations, Oklahoma
submitted a summary and justification documenting the basis for this
SIP revision.
This particular revision is based on the September 28, 1990,
Memorandum of Understanding (MOU) between the State of Oklahoma and the
EPA. This MOU agreement was reached as a condition for the
redesignation of the Tulsa ozone nonattainment area to attainment.
Essentially, the MOU required the State to remove the State's
[[Page 15714]]
equivalency language in Oklahoma Air Pollution Control Regulation
(OAPCR) 3.7, Sections OAPCR 3.7.5-4(g)(7)(A)(i)(b), OAPCR 3.7.5-
4(g)(9)(A), OAPCR 3.7.5-4(i)(3)(B)(1), and OAPCR 3.7.5-4(i)(3)(B)(3),
and to submit any alternative process or test method to the EPA as a
revision to the Federally approved SIP.
II. Analysis
The State's submittal shows that the State has removed its
equivalency language in OAPCR 3.7, Sections OAPCR 3.7.5-
4(g)(7)(A)(i)(b), OAPCR 3.7.5-4(g)(9)(A), OAPCR 3.7.5-4(i)(3)(B)(1),
and OAPCR 3.7.5-4(i)(3)(B)(3). In Section OAPCR 3.7.5-4(g)(7)(A)(i)(b)
under ``Alternative Standards,'' the word ``process'' was revised to
``equipment.'' In OAPCR 3.7.5-4(g)(9)(A), the phrase ``or other
equivalent methods'' was deleted from the section on specified test
methods for coatings of parts and products. In OAPCR 3.7.5-
4(i)(3)(B)(1), and OAPCR 3.7.5-4(i)(3)(B)(3), ``or an equivalent method
as determined by the Commissioner'' was deleted under testing
requirements of vapor recovery systems.
III. Final Action
In this action, the EPA is approving the SIP revision submitted by
the State of Oklahoma to remove equivalent test method and alternative
standard language from the State's SIP.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial revision and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. Thus, today's direct
final action will be effective June 10, 1996 unless, by May 9, 1996,
adverse or critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective June 10, 1996.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to a SIP shall be considered separately
in light of specific technical, economic, and environmental factors and
in relation to relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, the EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations that are
less than 50,000.
SIP revision approvals under section 110 and subchapter I, part D,
of the Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the EPA
certifies that this proposed rule would not have a significant impact
on any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the Act, preparation of a regulatory
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of State actions. The Act forbids the EPA to base its
actions concerning SIP's on such grounds. Union Electric Co. v.
U.S.E.P.A., 427 U.S. 246, 256-266 (S. Ct. 1976); 42 U.S.C. section
7410(a)(2).
Under section 202 of the Unfunded Mandates Reform Act of 1995
(Unfunded Mandates Act), signed into law on March 22, 1995, the EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, the EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires the EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated today does
not include a Federal mandate that may result in estimated costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
preexisting requirements under State or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
Under section 307(b)(1) of the CAA, 42 U.S.C. 7607(b), petitions
for judicial review of this action must be filed in the United States
Court of Appeals for the appropriate circuit by June 10, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2))
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Volatile organic compounds.
Note: Incorporation by reference of the SIP for the State of
Oklahoma was approved by the Director of the Federal Register on
July 1, 1982.
Dated: February 8, 1996.
Jane N. Saginaw,
Regional Administrator (6A).
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart LL--Oklahoma
2. Section 52.1920 is amended by adding paragraph (c)(47) to read
as follows:
Sec. 52.1920 Identification of plan.
* * * * *
(c) * * *
(47) A revision to the Oklahoma SIP to include revisions to
Oklahoma Air Pollution Control Regulation 3.7--Control of Emissions of
Organic Materials, adopted by the State on
[[Page 15715]]
October 2, 1990, effective May 11, 1991 and submitted by the Governor
on May 16, 1994.
(i) Incorporation by reference.
(A) Revisions to Oklahoma Air Pollution Control Regulations 3.7,
Sections 3.7.5-4(g)(7)(A)(i)(b), 3.7.5-4(g)(9)(A), 3.7.5-4(i)(3)(B)(1),
and 3.7.5-4(i)(3)(B)(3) effective May 11, 1991.
(ii) Additional material.
(A) State SIP revision entitled, ``Oklahoma Alternative Standards
SIP Revision,'' which includes a completeness determination, SIP
narrative, hearing records and other documentation relevant to the
development of this SIP.
[FR Doc. 96-8440 Filed 4-8-96; 8:45 am]
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