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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Proposed Rules
IV. Proposed Action In this action, we are proposing to approve revisions to OAC 252:10039, Emission of VOCs in Nonattainment Areas and Former Nonattainment Areas, in Section 4 Exemptions, Section 16
Petroleum refinery process unit turnaround, Section 40 Cutback asphalt, and Section 41 Storage, loading and transport/delivery of VOCs as submitted to us by a letter dated May 20, 2020 Submittal. The submittal covers Oklahomas 2019 regulatory update. We are proposing to approve these revisions in accordance with section 110 of the Act.
V. Incorporation by Reference In this action, we are proposing to include in a final rule regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are proposing to incorporate by reference revisions to the Oklahoma regulations, as described in the Proposed Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulations.gov please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more information.

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VI. 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, the EPAs 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 consultation with tribal governments and discussions with the state of Oklahoma as part of this review. EPA also notes that the October 1, 2020
approval is the subject of a pending challenge in federal court. Pawnee v. Regan, No. 209635 10th Cir.. Pending completion of EPAs review, EPA is proceeding with this proposed action in accordance with the October 1, 2020 approval. EPAs final action on the approved revisions to the Oklahoma SIP that include revisions to OAC Title 252 Chapter 100 Subchapter 39 OAC 252:10039 Sections 4, 16, 40, and 41 will address the scope of the states program with respect to Indian country, and may make any appropriate adjustments, based on the status of our review at that time. If EPAs final action on Oklahomas SIP is taken before our review of the SAFETEA approval is complete, EPA may make further changes to the approval of Oklahomas program to reflect the outcome of the SAFETEA
review.

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of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Is not an Executive Order 13771 82
FR 9339, February 2, 2017 regulatory action because SIP approvals are exempted under Executive Order 12866;
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. 1044;
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 12d 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.
This proposal to approve revisions to the Oklahoma SIP that include amendments to OAC Title 252 Chapter 100 Subchapter 39 OAC 252:10039
Sections 4, 16, 40, and 41 will apply, if finalized as proposed, to certain areas of Indian country in Tulsa and Oklahoma counties as discussed in the preamble, and therefore has tribal implications as specified in E.O. 13175 65 FR 67249, November 9, 2000. However, this action will neither impose substantial direct compliance costs on federally recognized tribal governments, nor preempt tribal law. This action will not impose substantial direct compliance costs on federally recognized tribal governments because no actions will be required of tribal governments. This action will also not preempt tribal law as no Oklahoma tribe implements a regulatory program under the CAA, and thus does not have applicable or related
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tribal laws. Consistent with the EPA
Policy on Consultation and Coordination with Indian Tribes May 4, 2011, the EPA has offered consultation to tribal governments that may be affected by this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 15, 2021.
David Gray, Acting Regional Administrator, Region 6.
FR Doc. 202115396 Filed 72121; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR06OAR20210032; FRL868801
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Air Plan Approval; Oklahoma;
Interstate Visibility Transport Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

Pursuant to the Federal Clean Air Act CAA or the Act, the Environmental Protection Agency EPA
is proposing to approve elements of a State Implementation Plan SIP
submission from the State of Oklahoma for the 2015 Ozone National Ambient Air Quality Standard NAAQS, and proposing to disapprove elements of two SIP submissions for the 2010 sulfur dioxide SO2 and the 2012 fine particulate matter PM2.5 NAAQS.
These infrastructure SIP i-SIP
submissions address how the existing SIP provides for implementation, maintenance, and enforcement of these NAAQS. The i-SIP requirements are to ensure that the Oklahoma SIP is adequate to meet the states responsibilities under the CAA for these NAAQS. Specifically, this proposed rule addresses the interstate visibility transport requirements of the i-SIP for the 2010 SO2, 2012 PM2.5, and 2015
Ozone NAAQS under CAA section 110a2DiII. We are also proposing to find that the deficiencies in the Oklahoma SIP that form the basis of our proposed disapproval of the interstate visibility transport portions of the Oklahoma i-SIP submissions for the 2010 SO2 and 2012 PM2.5 NAAQS are SUMMARY:

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