[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Rules and Regulations]
[Pages 53183-53189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22999]



[[Page 53183]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[EPA-R06-OAR-2008-0063; FRL-9985-49-Region 6]


National Emission Standards for Hazardous Air Pollutants; 
Delegation of Authority to Oklahoma

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; delegation of authority.

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SUMMARY: The Oklahoma Department of Environmental Quality (ODEQ) has 
submitted updated regulations for receiving delegation and approval of 
its program for the implementation and enforcement of certain National 
Emission Standards for Hazardous Air Pollutants (NESHAP) for all 
sources (both part 70 and non-part 70 sources), as provided for under 
previously approved delegation mechanisms. The updated state 
regulations incorporate by reference certain NESHAP promulgated by the 
EPA at parts 61 and 63, as they existed through September 1, 2016. The 
EPA is providing notice that it is taking final action to approve the 
delegation of certain NESHAP to ODEQ.

DATES: This rule is effective on November 21, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2008-0063. All documents in the docket are 
listed on the http://www.regulations.gov website. 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: Mr. Rick Barrett (6MM-AP), (214) 665-
7227; email: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. What does this action do?
III. What is the authority for delegation?
IV. What criteria must Oklahoma's program meet to be approved?
V. How did ODEQ meet the NESHAP program approval criteria?
VI. What is being delegated?
VII. What is not being delegated?
VIII. How will statutory and regulatory interpretations be made?
IX. What authority does the EPA have?
X. What information must ODEQ provide to the EPA?
XI. What is the EPA's oversight role?
XII. Should sources submit notices to the EPA or ODEQ?
XIII. How will unchanged authorities be delegated to ODEQ in the 
future?
XIV. Final Action
XV. Statutory and Executive Order Reviews

I. Background

    The background for this action is discussed in detail in our August 
10, 2018, proposal (83 FR 39641). In that document we proposed to 
approve a request from the Oklahoma Department of Environmental Quality 
(ODEQ) to update its existing NESHAP regulations for receiving 
delegation and approval of its program for the implementation and 
enforcement of certain National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for all sources (both part 70 and non-part 70 
sources), as provided for under previously approved delegation 
mechanisms. We received five anonymous public comments on the proposed 
rulemaking action. The comments are posted to the docket (EPA-R06-OAR-
2008-0063). None of the comments are relevant to our proposed 
rulemaking to approve ODEQ's request updating the delegation of certain 
NESHAP. Since these comments are not relevant to the specific action 
EPA proposed, the EPA will not be responding to these comments or 
making any changes to our proposed rulemaking because of these 
comments.

II. What does this action do?

    EPA is providing notice that it is taking final action to approve 
ODEQ's request updating the delegation of certain NESHAP. With this 
delegation, ODEQ has the primary responsibility to implement and 
enforce the delegated standards. See sections VII and VIII, below, for 
a discussion of which standards are being delegated and which are not 
being delegated.

III. What is the authority for delegation?

    Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorize 
the EPA to delegate authority for the implementation and enforcement of 
emission standards for hazardous air pollutants to a State or local 
agency that satisfies the statutory and regulatory requirements in 
subpart E. The hazardous air pollutant standards are codified at 40 CFR 
parts 61 and 63.

IV. What criteria must Oklahoma's program meet to be approved?

    Section 112(l)(5) of the CAA requires the EPA to disapprove any 
program submitted by a State for the delegation of NESHAP standards if 
the EPA determines that:
    (A) The authorities contained in the program are not adequate to 
assure compliance by the sources within the State with respect to each 
applicable standard, regulation, or requirement established under 
section 112;
    (B) adequate authority does not exist, or adequate resources are 
not available, to implement the program;
    (C) the schedule for implementing the program and assuring 
compliance by affected sources is not sufficiently expeditious; or
    (D) the program is otherwise not in compliance with the guidance 
issued by the EPA under section 112(l)(2) or is not likely to satisfy, 
in whole or in part, the objectives of the CAA.
    In carrying out its responsibilities under section 112(l), the EPA 
promulgated regulations at 40 CFR part 63, subpart E setting forth 
criteria for the approval of submitted programs. For example, in order 
to obtain approval of a program to implement and enforce Federal 
section 112 rules as promulgated without changes (straight delegation) 
for part 70 sources, a State must demonstrate that it meets the 
criteria of 40 CFR 63.91(d). 40 CFR 63.91(d)(3) provides that interim 
or final Title V program approval will satisfy the criteria of 40 CFR 
63.91(d).\1\
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    \1\ Some NESHAP standards do not require a source to obtain a 
title V permit (e.g., certain area sources that are exempt from the 
requirement to obtain a title V permit). For these non-title V 
sources, the EPA believes that the State must assure the EPA that it 
can implement and enforce the NESHAP for such sources. See 65 FR 
55810, 55813 (Sept. 14, 2000). EPA has previously approved 
Oklahoma's program to implement and enforce the NESHAP as they apply 
to non-part 70 sources. See 66 FR 1584 (Jan. 9, 2001).
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    The NESHAP delegation for Oklahoma, as it applies to both part 70 
and non-part 70 sources, was most recently approved on December 13, 
2005 (70 FR 73595).

V. How did ODEQ meet the NESHAP program approval criteria?

    As to the NESHAP standards in 40 CFR parts 61 and 63, as part of 
its Title V submission ODEQ stated that it intended to use the 
mechanism of incorporation by reference to adopt unchanged Federal 
section 112 into its regulations. This commitment applied to both 
existing and future standards as

[[Page 53184]]

they applied to part 70 sources. EPA's final interim approval of 
Oklahoma's Title V operating permits program delegated the authority to 
implement certain NESHAP, effective March 6, 1996 (61 FR 4220, February 
5, 1996). On December 5, 2001, EPA promulgated final full approval of 
the State's operating permits program, effective November 30, 2001 (66 
FR 63170). These interim and final Title V program approvals satisfy 
the up-front approval criteria of 40 CFR 63.91(d). Under 40 CFR 
63.91(d)(2), once a State has satisfied up-front approval criteria, it 
needs only to reference the previous demonstration and reaffirm that it 
still meets the criteria for any subsequent submittals for delegation 
of the section 112 standards. ODEQ has affirmed that it still meets the 
up-front approval criteria. With respect to non-part 70 sources, the 
EPA has previously approved delegation of NESHAP authorities to ODEQ 
after finding adequate authorities to implement and enforce the NESHAP 
for such sources. See 66 FR 1584 (January 9, 2001).

VI. What is being delegated?

    By letter dated June 25, 2018, the EPA received a request from ODEQ 
to update its existing NESHAP delegation.\2\ With certain exceptions 
noted in section VII below, Oklahoma's request included NESHAP in 40 
CFR part 61 and 40 CFR part 63. ODEQ's request included newly 
incorporated NESHAP promulgated by the EPA and amendments to existing 
standards currently delegated, as they existed though September 1, 
2016. This action is being taken in reponse to ODEQ's request noted 
above.
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    \2\ ODEQ's June 25, 2018 letter rescinds its previous three 
letters, dated January 11, 2008; August 23, 2012; and October 16, 
2017, requesting EPA approval to update Oklahoma's NESHAP 
delegation.. As such, the EPA's proposed rulemaking (80 FR 9678, 
February 24, 2015) associated with ODEQ's January 11, 2008 letter is 
hereby withdrawn.
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VII. What is not being delegated?

    All authorities not affirmatively and expressly delegated by this 
action are not delegated. These include the following part 61 and 63 
authorities listed below:
     40 CFR part 61, subpart B (National Emission Standards for 
Radon Emissions from Underground Uranium Mines);
     40 CFR part 61, subpart H (National Emission Standards for 
Emissions of Radionuclides Other Than Radon From Department of Energy 
Facilities);
     40 CFR part 61, subpart I (National Emission Standards for 
Radionuclide Emissions from Federal Facilities Other Than Nuclear 
Regulatory Commission Licensees and Not Covered by Subpart H);
     40 CFR part 61, subpart K (National Emission Standards for 
Radionuclide Emissions from Elemental Phosphorus Plants);
     40 CFR part 61, subpart Q (National Emission Standards for 
Radon Emissions from Department of Energy facilities);
     40 CFR part 61, subpart R (National Emission Standards for 
Radon Emissions from Phosphogypsum Stacks);
     40 CFR part 61, subpart T (National Emission Standards for 
Radon Emissions from the Disposal of Uranium Mill Tailings);
     40 CFR part 61, subpart W (National Emission Standards for 
Radon Emissions from Operating Mill Tailings); and
     40 CFR part 63, subpart J (National Emission Standards for 
Polyvinyl Choride and Copolymers Production).
    In addition, the EPA regulations provide that we cannot delegate to 
a State any of the Category II Subpart A authorities set forth in 40 
CFR 63.91(g)(2). These include the following provisions: Sec.  63.6(g), 
Approval of Alternative Non-Opacity Standards; Sec.  63.6(h)(9), 
Approval of Alternative Opacity Standards; Sec.  63.7(e)(2)(ii) and 
(f), Approval of Major Alternatives to Test Methods; Sec.  63.8(f), 
Approval of Major Alternatives to Monitoring; and Sec.  63.10(f), 
Approval of Major Alternatives to Recordkeeping and Reporting. Also, 
some part 61 and part 63 standards have certain provisions that cannot 
be delegated to the States. Furthermore, no authorities are delegated 
that require rulemaking in the Federal Register to implement, or where 
Federal overview is the only way to ensure national consistency in the 
application of the standards or requirements of CAA section 112. 
Finally, this action does not delegate any authority under section 
112(r), the accidental release program.
    All inquiries and requests concerning implementation and 
enforcement of the excluded standards in the State of Oklahoma should 
be directed to the EPA Region 6 Office.
    In addition, this delegation to ODEQ to implement and enforce 
certain NESHAP does not extend to sources or activities located in 
Indian country, as defined in 18 U.S.C. 1151. Oklahoma is not seeking 
delegation for such areas, and neither the EPA nor ODEQ is aware of any 
existing facilities in Indian country subject to the NESHAP being 
delegated. ODEQ may submit a request to expand this program to non-
reservation areas of Indian country in the future, at which time the 
EPA would evaluate the request through the appropriate process.

VIII. How will statutory and regulatory interpretations be made?

    In approving the NESHAP delegation, ODEQ will obtain concurrence 
from the EPA on any matter involving the interpretation of section 112 
of the CAA or 40 CFR parts 61 and 63 to the extent that implementation 
or enforcement of these provisions have not been covered by prior EPA 
determinations or guidance.

IX. What authority does the EPA have?

    We retain the right, as provided by CAA section 112(l)(7) and 40 
CFR 63.90(d)(2), to enforce any applicable emission standard or 
requirement established under section 112. In addition, the EPA may 
enforce any federally approved State rule, requirement, or program 
under 40 CFR 63.90(e) and 63.91(c)(1)(i). The EPA also has the 
authority to make certain decisions under the General Provisions 
(subpart A) of parts 61 and 63. We are delegating to the ODEQ some of 
these authorities, and retaining others, as explained in sections VI 
and VII above. In addition, the EPA may review and disapprove State 
determinations and subsequently require corrections. See 40 CFR 
63.91(g)(1)(ii). EPA also has the authority to review ODEQ's 
implementation and enforcement of approved rules or programs and to 
withdraw approval if we find inadequate implementation or enforcement. 
See 40 CFR 63.96.
    Furthermore, we retain any authority in an individual emission 
standard that may not be delegated according to provisions of the 
standard. Also, listed in footnote 2 of the part 63 delegation table at 
the end of this rule are the authorities that cannot be delegated to 
any State or local agency which we therefore retain.
    Finally, we retain the authorities stated in the original 
delegation agreement. See ``Provisions for the Implementation and 
Enforcement of NSPS and NESHAP in Oklahoma,'' effective March 25, 1982, 
a copy of which is included in the docket for this action.

X. What information must ODEQ provide to the EPA?

    ODEQ must provide any additional compliance related information to 
EPA, Region 6, Office of Enforcement and Compliance Assurance within 45 
days of a request under 40 CFR 63.96(a). In receiving delegation for 
specific General

[[Page 53185]]

Provisions authorities, ODEQ must submit to EPA Region 6 on a semi-
annual basis, copies of determinations issued under these authorities. 
See 40 CFR 63.91(g)(1)(ii). For part 63 standards, these determinations 
include: Sec.  63.1, Applicability Determinations; Sec.  63.6(e), 
Operation and Maintenance Requirements--Responsibility for Determining 
Compliance; Sec.  63.6(f), Compliance with Non-Opacity Standards--
Responsibility for Determining Compliance; Sec.  63.6(h), Compliance 
with Opacity and Visible Emissions Standards--Responsibility for 
Determining Compliance; Sec.  63.7(c)(2)(i) and (d), Approval of Site-
Specific Test Plans; Sec.  63.7(e)(2)(i), Approval of Minor 
Alternatives to Test Methods; Sec.  63.7(e)(2)(ii) and (f), Approval of 
Intermediate Alternatives to Test Methods; Sec.  63.7(e)(iii), Approval 
of Shorter Sampling Times and Volumes When Necessitated by Process 
Variables or Other Factors; Sec.  63.7(e)(2)(iv), (h)(2) and (3), 
Waiver of Performance Testing; Sec.  63.8(c)(1) and (e)(1), Approval of 
Site-Specific Performance Evaluation (Monitoring) Test Plans; Sec.  
63.8(f), Approval of Minor Alternatives to Monitoring; Sec.  63.8(f), 
Approval of Intermediate Alternatives to Monitoring; Sec. Sec.  63.9 
and 63.10, Approval of Adjustments to Time Periods for Submitting 
Reports; Sec.  63.10(f), Approval of Minor Alternatives to 
Recordkeeping and Reporting; and Sec.  63.7(a)(4), Extension of 
Performance Test Deadline.

XI. What is the EPA's oversight role?

    The EPA oversees ODEQ's decisions to ensure the delegated 
authorities are being adequately implemented and enforced. We will 
integrate oversight of the delegated authorities into the existing 
mechanisms and resources for oversight currently in place. If, during 
oversight, we determine that ODEQ made decisions that decreased the 
stringency of the delegated standards, then ODEQ shall be required to 
take corrective actions and the source(s) affected by the decisions 
will be notified, as required by 40 CFR 63.91(g)(1)(ii) and (b). Our 
oversight authorities allow us to initiate withdrawal of the program or 
rule if the corrective actions taken are insufficient. See 51 FR 20648 
(June 6, 1986).

XII. Should sources submit notices to the EPA or ODEQ?

    For the delegated NESHAP standards and authorities covered by this 
action, sources would submit all of the information required pursuant 
to the general provisions and the relevant subpart(s) of the delegated 
NESHAP (40 CFR parts 61 and 63) directly to the ODEQ at the following 
address: State of Oklahoma, Department of Environmental Quality, Air 
Quality Division, P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677. 
The ODEQ is the primary point of contact with respect to delegated 
NESHAP. Sources do not need to send a copy to the EPA. The EPA Region 6 
waives the requirement that notifications and reports for delegated 
standards be submitted to EPA in addition to ODEQ in accordance with 40 
CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii).\3\ For those standards and 
authorties not delegated as discussed above, sources must continue to 
submit all appropriate information to the EPA.
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    \3\ This waiver only extends to the submission of copies of 
notifications and reports; the EPA does not waive the requirements 
in delegated standards that require notifications and reports be 
submitted to an electronic database (e.g., 40 CFR part 63, subpart 
HHHHHHH).
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XIII. How will unchanged authorities be delegated to ODEQ in the 
future?

    As stated in previous NESHAP delegation actions, the EPA has 
approved Oklahoma's mechanism of incorporation by reference of NESHAP 
standards into ODEQ regulations, as they apply to both part 70 and non-
part 70 sources. See, e.g., 61 FR 4224 (February 5, 1996) and 66 FR 
1584 (January 9, 2001). Consistent with the EPA regulations and 
guidance,\4\ ODEQ may request future updates to Oklahoma's NESHAP 
delegation by submitting a letter to the EPA that appropriately 
identifies the specific NESHAP which have been incorporated by 
reference into state regulations, reaffirms that it still meets up-
front approval delegation criteria for part 70 sources, and 
demonstrates that ODEQ maintains adequate authorites and resources to 
implement and enforce the delegated NESHAP requirements for all 
sources. We will respond in writing to the request stating that the 
request for delegation is either granted or denied. A Federal Register 
action will be published to inform the public and affected sources of 
the updated delegation, indicate where source notifications and reports 
should be sent, and amend the relevant portions of the Code of Federal 
Regulations identifying which NESHAP standards have been delegated to 
the ODEQ. We have not been using this informational notice process but 
intend to from now on upon receipt of the next NESHAP delegation 
request from ODEQ.\5\
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    \4\ See Harardous Air Pollutants: Amendments to the Approval of 
State Programs and Delegation of Federal Authorities, Final Rule (65 
FR 55810, September 14, 2000); and ``Straight Delegation Issues 
Concerning Sections 111 and 112 Requirements and Title V,'' by John 
S. Seitz, Director of Air Qualirty Planning and Standards, EPA, 
dated December 10, 1993.
    \5\ A request from ODEQ that raises an issue not previously 
subject to comment, presents new data, requires EPA to examine its 
interpretion of the applicable law, or where EPA wishes to re-
examine its present position on a matter will be processed through 
notice and comment rulemaking in the Federal Register.
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XIV. Final Action

    EPA is taking final action to approve an update to the Oklahoma 
NESHAP delegation that would provide the ODEQ with the authority to 
implement and enforce certain newly incorporated NESHAP promulgated by 
the EPA, and amendments to existing standards currently delegated, as 
they existed though September 1, 2016. As requested in ODEQ's June 25, 
2018 letter, this final delegation to ODEQ does not extend to sources 
or activities located in Indian country, as defined in 18 U.S.C. 1151.

XV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator has the authority to approve 
section 112(l) submissions that comply with the provisions of the Act 
and applicable Federal regulations. In reviewing section 112(l) 
submissions, the EPA's role is to approve state choices, provided that 
they meet the criteria and objectives of the CAA and of the EPA's 
implementing regulations. Accordingly, this final action merely 
approves the State's request as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this final 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, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 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

[[Page 53186]]

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).

List of Subjects

40 CFR Part 61

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Arsenic, Benzene, Beryllium, Hazardous 
substances, Mercury, Intergovernmental relations, Reporting and 
recordkeeping requirements, Vinyl chloride.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

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

    Dated: October 16, 2018.
Wren Stenger,
Director, Multimedia Division, Region 6.
    For the reasons stated in the preamble, 40 CFR parts 61 and 63 are 
amended as follows:

PART 61--NATIONAL EMISSON STANDARDS FOR HAZARDOUS AIR POLLUTANTS

0
1. The authority citation for part 61 continues to read as follows:

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

Subpart A--General Provisions

0
2. Section 61.04 is amended by revising paragraphs (b)(38) and 
(c)(6)(iv) to read as follows:


Sec.  61.04  Address.

* * * * *
    (b) * * *
    (38) State of Oklahoma, Oklahoma Department of Environmental 
Quality, Air Quality Division, P.O. Box 1677, Oklahoma City, OK 73101-
1677. For a list of delegated standards for Oklahoma see paragraph 
(c)(6) of this section.
* * * * *
    (c) * * *
    (6) * * *
    (iv) Oklahoma. The Oklahoma Department of Environmental Quality 
(ODED) has been delegated the following part 61 standards promulgated 
by EPA, as amended in the Federal Register through September 1, 2016. 
The (X) symbol is used to indicate each subpart that has been 
delegated.

   Delegation Status for National Emission Standards for Hazardous Air
               Pollutants (Part 61 Standards) for Oklahoma
                       [Excluding Indian Country]
------------------------------------------------------------------------
            Subpart                  Source category         ODEQ \1\
------------------------------------------------------------------------
A..............................  General Provisions....               X
B..............................  Radon Emissions From    ...............
                                  Underground Uranium
                                  Mines.
C..............................  Beryllium.............               X
D..............................  Beryllium Rocket Motor               X
                                  Firing.
E..............................  Mercury...............               X
F..............................  Vinyl Chloride........               X
G..............................  (Reserved)............  ...............
H..............................  Emissions of            ...............
                                  Radionuclides Other
                                  Than Radon From
                                  Department of Energy
                                  Facilities.
I..............................  Radionuclide Emissions  ...............
                                  From Federal
                                  Facilities Other Than
                                  Nuclear Regulatory
                                  Commission Licensees
                                  and Not Covered by
                                  Subpart H.
J..............................  Equipment Leaks                      X
                                  (Fugitive Emission
                                  Sources) of Benzene.
K..............................  Radionuclide Emissions  ...............
                                  From Elemental
                                  Phosphorus Plants.
L..............................  Benzene Emissions From               X
                                  Coke By-Product
                                  Recovery Plants.
M..............................  Asbestos..............               X
N..............................  Inorganic Arsenic                    X
                                  Emissions From Glass
                                  Manufacturing Plants.
O..............................  Inorganic Arsenic                    X
                                  Emissions From
                                  Primary Copper
                                  Smelters.
P..............................  Inorganic Arsenic                    X
                                  Emissions From
                                  Arsenic Trioxide and
                                  Metallic Arsenic
                                  Production Facilities.
Q..............................  Radon Emissions From    ...............
                                  Department of Energy
                                  Facilities.
R..............................  Radon Emissions From    ...............
                                  Phosphogypsum Stacks.
S..............................  (Reserved)............  ...............
T..............................  Radon Emissions From    ...............
                                  the Disposal of
                                  Uranium Mill Tailings.
U..............................  (Reserved)............  ...............
V..............................  Equipment Leaks                      X
                                  (Fugitives Emission
                                  Sources).
W..............................  Radon Emissions From    ...............
                                  Operating Mill
                                  Tailings.
X..............................  (Reserved)............  ...............
Y..............................  Benzene Emissions From               X
                                  Benzene Storage
                                  Vessels.
Z-AA...........................  (Reserved)............  ...............
BB.............................  Benzene Emissions From               X
                                  Benzene Transfer
                                  Operations.
CC-EE..........................  (Reserved)............  ...............
FF.............................  Benzene Waste                        X
                                  Operations.
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
  (ODEQ).


[[Page 53187]]

* * * * *

PART 63--NATIONAL EMISSON STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
 3. The authority citation for part 63 continues to read as follows:

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

Subpart E--Approval of State Programs and Delegation of Federal 
Authorities

0
 4. Section 63.99 is amended by revising paragraph (a)(37)(i) to read 
as follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (37) * * *
    (i) The following table lists the specific part 63 standards that 
have been delegated unchanged to the Oklahoma Department of 
Environmental Quality for all sources. The ``X'' symbol is used to 
indicate each subpart that has been delegated. The delegations are 
subject to all of the conditions and limitations set forth in Federal 
law, regulations, policy, guidance, and determinations. Some 
authorities cannot be delegated and are retained by EPA. These include 
certain General Provisions authorities and specific parts of some 
standards. Any amendments made to these rules after September 1, 2016 
are not delegated.

       Delegation Status for Part 63 Standards--State of Oklahoma
                       [Excluding Indian Country]
------------------------------------------------------------------------
            Subpart                  Source category         ODEQ 1 2
------------------------------------------------------------------------
A..............................  General Provisions....               X
F..............................  Hazardous Organic                    X
                                  NESHAP (HON)--
                                  Synthetic Organic
                                  Chemical
                                  Manufacturing
                                  Industry (SOCMI).
G..............................  HON--SOCMI Process                   X
                                  Vents, Storage
                                  Vessels, Transfer
                                  Operations and
                                  Wastewater.
H..............................  HON--Equipment Leaks..               X
I..............................  HON--Certain Processes               X
                                  Negotiated Equipment
                                  Leak Regulation.
J..............................  Polyvinyl Chloride and             \3\
                                  Copolymers Production.
K..............................  (Reserved)............  ...............
L..............................  Coke Oven Batteries...               X
M..............................  Perchloroethylene Dry                X
                                  Cleaning.
N..............................  Chromium                             X
                                  Electroplating and
                                  Chromium Anodizing
                                  Tanks.
O..............................  Ethylene Oxide                       X
                                  Sterilizers.
P..............................  (Reserved)............  ...............
Q..............................  Industrial Process                   X
                                  Cooling Towers.
R..............................  Gasoline Distribution.               X
S..............................  Pulp and Paper                       X
                                  Industry.
T..............................  Halogenated Solvent                  X
                                  Cleaning.
U..............................  Group I Polymers and                 X
                                  Resins.
V..............................  (Reserved)............  ...............
W..............................  Epoxy Resins                         X
                                  Production and Non-
                                  Nylon Polyamides
                                  Production.
X..............................  Secondary Lead                       X
                                  Smelting.
Y..............................  Marine Tank Vessel                   X
                                  Loading.
Z..............................  (Reserved)............  ...............
AA.............................  Phosphoric Acid                      X
                                  Manufacturing Plants.
BB.............................  Phosphate Fertilizers                X
                                  Production Plants.
CC.............................  Petroleum Refineries..               X
DD.............................  Off-Site Waste and                   X
                                  Recovery Operations.
EE.............................  Magnetic Tape                        X
                                  Manufacturing.
FF.............................  (Reserved)............  ...............
GG.............................  Aerospace                            X
                                  Manufacturing and
                                  Rework Facilities.
HH.............................  Oil and Natural Gas                  X
                                  Production Facilities.
II.............................  Shipbuilding and Ship                X
                                  Repair Facilities.
JJ.............................  Wood Furniture                       X
                                  Manufacturing
                                  Operations.
KK.............................  Printing and                         X
                                  Publishing Industry.
LL.............................  Primary Aluminum                     X
                                  Reduction Plants.
MM.............................  Chemical Recovery                    X
                                  Combustion Sources at
                                  Kraft, Soda, Sulfide,
                                  and Stand-Alone
                                  Semichemical Pulp
                                  Mills.
NN.............................  Wool Fiberglass                      X
                                  Manufacturing at Area
                                  Sources.
OO.............................  Tanks-Level 1.........               X
PP.............................  Containers............               X
QQ.............................  Surface Impoundments..               X
RR.............................  Individual Drain                     X
                                  Systems.
SS.............................  Closed Vent Systems,                 X
                                  Control Devices,
                                  Recovery Devices and
                                  Routing to a Fuel Gas
                                  System or a Process.
TT.............................  Equipment Leaks--                    X
                                  Control Level 1.
UU.............................  Equipment Leaks--                    X
                                  Control Level 2
                                  Standards.
VV.............................  Oil--Water Separators                X
                                  and Organic--Water
                                  Separators.
WW.............................  Storage Vessels                      X
                                  (Tanks)--Control
                                  Level 2.
XX.............................  Ethylene Manufacturing               X
                                  Process Units Heat
                                  Exchange Systems and
                                  Waste Operations.
YY.............................  Generic Maximum                      X
                                  Achievable Control
                                  Technology Standards.
ZZ-BBB.........................  (Reserved)............  ...............
CCC............................  Steel Pickling--HCI                  X
                                  Process Facilities
                                  and Hydrochloric Acid
                                  Regeneration.

[[Page 53188]]

 
DDD............................  Mineral Wool                         X
                                  Production.
EEE............................  Hazardous Waste                      X
                                  Combustors.
FFF............................  (Reserved)............  ...............
GGG............................  Pharmaceuticals                      X
                                  Production.
HHH............................  Natural Gas                          X
                                  Transmission and
                                  Storage Facilities.
III............................  Flexible Polyurethane                X
                                  Foam Production.
JJJ............................  Group IV Polymers and                X
                                  Resins.
KKK............................  (Reserved)............  ...............
LLL............................  Portland Cement                      X
                                  Manufacturing.
MMM............................  Pesticide Active                     X
                                  Ingredient Production.
NNN............................  Wool Fiberglass                      X
                                  Manufacturing.
OOO............................  Amino/Phenolic Resins.               X
PPP............................  Polyether Polyols                    X
                                  Production.
QQQ............................  Primary Copper                       X
                                  Smelting.
RRR............................  Secondary Aluminum                   X
                                  Production.
SSS............................  (Reserved)............  ...............
TTT............................  Primary Lead Smelting.               X
UUU............................  Petroleum Refineries--               X
                                  Catalytic Cracking
                                  Units, Catalytic
                                  Reforming Units and
                                  Sulfur Recovery
                                  Plants.
VVV............................  Publicly Owned                       X
                                  Treatment Works
                                  (POTW).
WWW............................  (Reserved)............  ...............
XXX............................  Ferroalloys                          X
                                  Production:
                                  Ferromanganese and
                                  Silicomanganese.
AAAA...........................  Municipal Solid Waste                X
                                  Landfills.
CCCC...........................  Nutritional Yeast                    X
                                  Manufacturing.
DDDD...........................  Plywood and Composite            \4\ X
                                  Wood Products.
EEEE...........................  Organic Liquids                      X
                                  Distribution.
FFFF...........................  Misc. Organic Chemical               X
                                  Production and
                                  Processes (MON).
GGGG...........................  Solvent Extraction for               X
                                  Vegetable Oil
                                  Production.
HHHH...........................  Wet Formed Fiberglass                X
                                  Mat Production.
IIII...........................  Auto & Light Duty                    X
                                  Truck (Surface
                                  Coating).
JJJJ...........................  Paper and other Web                  X
                                  (Surface Coating).
KKKK...........................  Metal Can (Surface                   X
                                  Coating).
MMMM...........................  Misc. Metal Parts and                X
                                  Products (Surface
                                  Coating).
NNNN...........................  Surface Coating of                   X
                                  Large Appliances.
OOOO...........................  Fabric Printing                      X
                                  Coating and Dyeing.
PPPP...........................  Plastic Parts (Surface               X
                                  Coating).
QQQQ...........................  Surface Coating of                   X
                                  Wood Building
                                  Products.
RRRR...........................  Surface Coating of                   X
                                  Metal Furniture.
SSSS...........................  Surface Coating for                  X
                                  Metal Coil.
TTTT...........................  Leather Finishing                    X
                                  Operations.
UUUU...........................  Cellulose Production                 X
                                  Manufacture.
VVVV...........................  Boat Manufacturing....               X
WWWW...........................  Reinforced Plastic                   X
                                  Composites Production.
XXXX...........................  Tire Manufacturing....               X
YYYY...........................  Combustion Turbines...               X
ZZZZ...........................  Reciprocating Internal               X
                                  Combustion Engines
                                  (RICE).
AAAAA..........................  Lime Manufacturing                   X
                                  Plants.
BBBBB..........................  Semiconductor                        X
                                  Manufacturing.
CCCCC..........................  Coke Ovens: Pushing,                 X
                                  Quenching and Battery
                                  Stacks.
DDDDD..........................  Industrial/Commercial/           \5\ X
                                  Institutional Boilers
                                  and Process Heaters
                                  Major Sources.
EEEEE..........................  Iron Foundries........               X
FFFFF..........................  Integrated Iron and                  X
                                  Steel.
GGGGG..........................  Site Remediation......               X
HHHHH..........................  Miscellaneous Coating                X
                                  Manufacturing.
IIIII..........................  Mercury Cell Chlor-                  X
                                  Alkali Plants.
JJJJJ..........................  Brick and Structural             \6\ X
                                  Clay Products
                                  Manufacturing.
KKKKK..........................  Clay Ceramics                    \6\ X
                                  Manufacturing.
LLLLL..........................  Asphalt Roofing and                  X
                                  Processing.
MMMMM..........................  Flexible Polyurethane                X
                                  Foam Fabrication
                                  Operation.
NNNNN..........................  Hydrochloric Acid                    X
                                  Production, Fumed
                                  Silica Production.
OOOOO..........................  (Reserved)............  ...............
PPPPP..........................  Engine Test Facilities               X
QQQQQ..........................  Friction Products                    X
                                  Manufacturing.
RRRRR..........................  Taconite Iron Ore                    X
                                  Processing.
SSSSS..........................  Refractory Products                  X
                                  Manufacture.
TTTTT..........................  Primary Magnesium                    X
                                  Refining.
UUUUU..........................  Coal and Oil-Fired               \7\ X
                                  Electric Utility
                                  Steam Generating
                                  Units.
VVVVV..........................  (Reserved)............  ...............
WWWWW..........................  Hospital Ethylene                    X
                                  Oxide Sterilizers.
XXXXX..........................  (Reserved)............  ...............
YYYYY..........................  Electric Arc Furnace                 X
                                  Steelmaking Area
                                  Sources.

[[Page 53189]]

 
ZZZZZ..........................  Iron and Steel                       X
                                  Foundries Area
                                  Sources.
AAAAAA.........................  (Reserved)............  ...............
BBBBBB.........................  Gasoline Distribution                X
                                  Bulk Terminals, Bulk
                                  Plants, and Pipeline
                                  Facilities.
CCCCCC.........................  Gasoline Dispensing                  X
                                  Facilities.
DDDDDD.........................  Polyvinyl Chloride and               X
                                  Copolymers Production
                                  Area Sources.
EEEEEE.........................  Primary Copper                       X
                                  Smelting Area Sources.
FFFFFF.........................  Secondary Copper                     X
                                  Smelting Area Sources.
GGGGGG.........................  Primary Nonferrous                   X
                                  Metals Area Source:
                                  Zinc, Cadmium, and
                                  Beryllium.
HHHHHH.........................  Paint Stripping and                  X
                                  Miscellaneous Surface
                                  Coating Operations at
                                  Area Sources.
IIIIII.........................  (Reserved)............  ...............
JJJJJJ.........................  Industrial,                          X
                                  Commercial, and
                                  Institutional Boilers
                                  Area Sources.
KKKKKK.........................  (Reserved)............  ...............
LLLLLL.........................  Acrylic and Modacrylic               X
                                  Fibers Production
                                  Area Sources.
MMMMMM.........................  Carbon Black                         X
                                  Production Area
                                  Sources.
NNNNNN.........................  Chemical Manufacturing               X
                                  Area Sources:
                                  Chromium Compounds.
OOOOOO.........................  Flexible Polyurethane                X
                                  Foam Production and
                                  Fabrication Area
                                  Sources.
PPPPPP.........................  Lead Acid Battery                    X
                                  Manufacturing Area
                                  Sources.
QQQQQQ.........................  Wood Preserving Area                 X
                                  Sources.
RRRRRR.........................  Clay Ceramics                        X
                                  Manufacturing Area
                                  Sources.
SSSSSS.........................  Glass Manufacturing                  X
                                  Area Sources.
TTTTTT.........................  Secondary Nonferrous                 X
                                  Metals Processing
                                  Area Sources.
UUUUUU.........................  (Reserved)............  ...............
VVVVVV.........................  Chemical Manufacturing               X
                                  Area Sources.
WWWWWW.........................  Plating and Polishing                X
                                  Operations Area
                                  Sources.
XXXXXX.........................  Metal Fabrication and                X
                                  Finishing Area
                                  Sources.
YYYYYY.........................  Ferroalloys Production               X
                                  Facilities Area
                                  Sources.
ZZZZZZ.........................  Aluminum, Copper, and                X
                                  Other Nonferrous
                                  Foundries Area
                                  Sources.
AAAAAAA........................  Asphalt Processing and               X
                                  Asphalt Roofing
                                  Manufacturing Area
                                  Sources.
BBBBBBB........................  Chemical Preparation                 X
                                  Industry Area Sources.
CCCCCCC........................  Paints and Allied                    X
                                  Products
                                  Manufacturing Area
                                  Sources.
DDDDDDD........................  Prepared Feeds Areas                 X
                                  Sources.
EEEEEEE........................  Gold Mine Ore                        X
                                  Processing and
                                  Production Area
                                  Sources.
FFFFFFF-GGGGGGG................  (Reserved)............  ...............
HHHHHHH........................  Polyvinyl Chloride and               X
                                  Copolymers Production
                                  Major Sources.
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
  (ODEQ).
\2\ Authorities which may not be delegated include: Sec.   63.6(g),
  Approval of Alternative Non-Opacity Emission Standards; Sec.
  63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
  63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test
  Methods; Sec.   63.8(f), Approval of Major Alternatives to Monitoring;
  Sec.   63.10(f), Approval of Major Alternatives to Recordkeeping and
  Reporting; and all authorities identified in the subparts (e.g., under
  ``Delegation of Authority'') that cannot be delegated.
\3\ The ODEQ has adopted this subpart unchanged and applied for
  delegation of the standard. The subpart was vacated and remanded to
  EPA by the United States Court of Appeals for the District of Columbia
  Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d
  1232 (DC Cir. 2004). Because of the DC Court's holding, this subpart
  is not delegated to ODEQ at this time.
\4\ This subpart was issued a partial vacatur by the United States Court
  of Appeals for the District of Columbia Circuit. See 72 FR 61060
  (October 29, 2007).
\5\ Final rule. See 76 FR 15608 (March 21, 2011), as amended at 78 FR
  7138 (January 31, 2013); 80 FR 72807 (November 20, 2015).
\6\ Final promulgated rule adopted by the EPA. See 80 FR 65470 (October
  26, 2015). Note that Part 63 Subpart KKKKK was amended to correct
  minor typographical errors at 80 FR 75817 (December 4, 2015).
\7\ Final Rule. See 77 FR 9304 (February 16, 2012), as amended 81 FR
  20172 (April 6, 2016). Final Supplemental Finding that it is
  appropriate and necessary to regulate HAP emissions from Coal- and Oil-
  fired EUSGU Units. See 81 FR 24420 (April 25, 2016).

* * * * *
[FR Doc. 2018-22999 Filed 10-19-18; 8:45 am]
 BILLING CODE 6560-50-P


