[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Rules and Regulations]
[Pages 37579-37587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16229]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0145; FRL-9996-93-Region 6]


Approval and Promulgation of Implementation Plans; Oklahoma

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the State Implementation Plan (SIP) for Oklahoma as 
proposed on March 22, 2018, and October 5, 2018. The revisions 
submitted by Oklahoma were contained in annual SIP updates for 2013, 
2014, 2015, and 2016, and incorporate the latest changes to the EPA 
regulations. The overall intended outcome of this rulemaking is to make 
the approved Oklahoma SIP consistent with current Federal and State 
requirements. We are taking this action in accordance with the federal 
Clean Air Act (CAA, the Act).

DATES: This rule is effective on September 3, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2017-0145. All documents in the docket are 
listed on the 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 https://www.regulations.gov or 
in hard copy at the EPA Region 6 Office, 1201 Elm Street, Dallas, Texas 
75270.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, EPA Region 6 Office, 
SO2 and Regional Haze Section (6ARSH), 1201 Elm Street, 
Dallas, TX 75270, 214-665-6691, shar.alan@epa.gov. To inspect the hard 
copy materials, please schedule an appointment with Mr. Alan Shar or 
Mr. Bill Deese at 214-665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' mean the EPA.
    Acronyms and Abbreviations. A number of acronyms and abbreviations 
are used in this preamble. While this may not be an exhaustive list, to 
ease the reading of this preamble and for reference purposes, the 
following terms and acronyms are defined:

ACI Air Curtain Incinerator
AQAC Air Quality Advisory Committee
BACT Best Available Control Technology
CAA Clean Air Act
CFR Code of Federal Regulations
CRA Congressional Review Act
EPA U.S. Environmental Protection Agency
FR Federal Register
NAAQSvNational Ambient Air Quality Standards
OAC Oklahoma Administrative Code
ODEQ Oklahoma Department of Environmental Quality
PSD Prevention of Significant Deterioration
SIP State Implementation Plan
SNPR Supplemental Notice of Proposed Rulemaking
TSD Technical Support Document

Table of Contents

I. Background
II. Public Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    The background for this action is discussed in detail in the March 
22, 2018 (83 FR 12514) Proposal.\1\ After the close of the comment 
period, the Oklahoma Department of Environmental Quality (ODEQ) 
submitted additional information by letter dated July 31, 2018 
(hereinafter ``ODEQ's July 31, 2018 Letter''),\2\ concerning the SIP 
rule revisions addressed in the March 22, 2018 Proposal. The 
information submitted by ODEQ was intended to clarify the rule 
revisions and their applicability as well as to further demonstrate how 
the revisions improve the Oklahoma SIP. On October 5, 2018, we 
published a Supplemental Notice of Proposed Rulemaking (SNPR) \3\ at 83 
FR 50312. The October 5, 2018 SNPR reopened the comment period based on 
the information submitted by Oklahoma and our analysis of it. We also 
withdrew the proposed action concerning Commercial and Industrial Solid 
Waste Incineration Units because the State did not submit it for 
approval as a SIP revision. The Proposal, the SNPR, the Technical 
Support Document (TSD),\4\ and Supplement 3 to the TSD \5\ provide a 
detailed description and rationale for EPA's proposal to approve into 
the Oklahoma SIP certain revisions to Oklahoma Administrative Code 
(OAC) Title 252 Department of Environmental Quality (ODEQ), Chapter 100 
Air Pollution Control (OAC:252:100) that Oklahoma submitted to the EPA 
on February 14, 2017. Specifically, the Proposal and the SNPR concern 
revisions to OAC:252:100 Subchapters 13 Open Burning, 17 Incinerators, 
25 Visible Emissions and Particulates, 31 Control of Emission of Sulfur 
Compounds, Appendix E Primary Ambient Air Quality Standards, and 
Appendix F Secondary Ambient Air Quality Standards. The criteria used 
to evaluate these SIP revisions are found primarily in section 110 of 
the Act.
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    \1\ See the Proposal, document ID No. EPA-R06-OAR-2017-0145-0001 
at Regulations.gov.
    \2\ ODEQ letter dated July 31, 2018 to EPA concerning March 22, 
2018 (83 FR 12514) Proposal, document ID No. EPA-R06-OAR-2017-0145-
0026 at Regulations.gov.
    \3\ See the SNPR, document ID No. EPA-R06-OAR-2017-0145-0023 at 
Regulations.gov.
    \4\ See the TSD, document ID No. EPA-R06-OAR-2017-0145-0002 at 
Regulations.gov.
    \5\ See Supplement 3 to the TSD, document ID No. EPA-R06-OAR-
2017-0145-0024 at Regulations.gov.
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II. Public Comments

    We received 19 comments on the March 22, 2018 (83 FR 12514) 
Proposal during the comment period that closed on April 23, 2018, and 
all comments are available in docket for this action. Eighteen of the 
19 comments were submitted anonymously and did not provide information 
relevant or specific to the provisions proposed for approval into the 
Oklahoma SIP. Upon review, the EPA determined that the 18 anonymous 
comments merit no further response or discussion.\6\ The remaining 
comment, submitted by the Sierra Club and the Center for Biological 
Diversity (commenters), included relevant comments on the March 22, 
2018 (83 FR

[[Page 37580]]

12514) Proposal.\7\ Primarily, the commenters assert that sections 
110(l) and 193 of the Act have not been satisfied, and that revisions 
to OAC:252:100 Subchapters 13, 17, 25, and 31 of the Oklahoma SIP 
should not be approved. A summary of those comments and our responses 
are found below. We did not receive comments on the October 5, 2018 (83 
FR 50312) SNPR during the additional comment period that closed on 
November 5, 2018.
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    \6\ See the EPA Response to Comments, Memorandum document ID No. 
EPA-R06-OAR-2017-0145-0025 at Regulations.gov.
    \7\ See document ID No. EPA-R06-OAR-2017-0145-0022 at 
Regulations.gov.
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    Comment 1: OAC 252:100, Subchapter 13--Open Burning. The commenters 
note that the revisions would exempt hydrocarbon waste flaring and the 
use of air curtain incinerators from the open burning time limitations 
in OAC 252:100:13-9(4) of the existing SIP. Commenters claim that these 
revisions allow flaring operations and air curtain incinerators to 
operate an average of 18 more hours per day than allowed under the 
existing SIP and thus allow dramatically increased emissions of 
particulate matter, hydrocarbons, carbon monoxide, nitrogen oxides, and 
possibly sulfur compounds, including sulfur dioxide. Commenters 
maintain that the revision constitutes a SIP relaxation requiring a CAA 
section 110(l) analysis (subject to public notice and opportunity for 
public comment) of the impacts of the revision on the NAAQS and PSD 
increments, and a determination that the SIP relaxation will not 
interfere with the attainment or maintenance of the NAAQS and PSD 
increments. Finally, commenters note that the EPA must ensure that the 
requirements in CAA section 193 (relating to equivalent emission 
reductions) are being met.
    Response: The February 14, 2017 submittal included revisions to OAC 
252:100-9(4) that exempt open burning allowed under OAC 252:100-13-
7(6)(B) (concerning hydrocarbon waste flaring) and OAC 252:100-13-8 
(concerning air curtain incinerators) from the time restrictions 
otherwise applicable to open burning. As noted in ODEQ's July 31, 2018 
Letter, the rule only requires that initial burning begin in the time 
frame of 3 hours after sunrise to 3 hours before sunset. Open burning 
is allowed outside of this timeframe so long as no additional fuel is 
added.
    The revisions to OAC 252:100-9(4) exempt hydrocarbon waste flaring 
under OAC 252:100-13-7(6)(B) from the time restrictions associated with 
open burning. Pages 1-2 of ODEQ's July 31, 2018 Letter read:

    As discussed in the Air Quality Advisory Council (AQAC) 
transcripts included in the SIP submittal, DEQ recognized the need 
to correct the omission of the exemption for hydrocarbon flaring, 
and a new version of Subchapter 13 with the exemption was taken to 
the AQAC in 2003 and 2004, and approved by the Environmental Quality 
Board (EQB) in 2004. There are many continuous processes that use 
flares as a control device, and for those processes that cannot be 
turned off, the flare must be used continuously. If the flare is 
turned off, it could cause an air quality issue or a safety hazard. 
Many of these flares are also included in facility permits with the 
requirement to be operated continuously to reduce emissions. Many of 
these same flares are also subject to regulation under federal New 
Source Performance Standards (NSPSs) or National Emission Standards 
for Hazardous Air Pollutants (NESHAPs), which require them to 
operate continuously. DEQ never intended hydrocarbon flaring to be 
subject to the operational time limitations in Subchapter 13, and 
enforcement of such limitations would conflict with the state and 
federal requirements discussed above. In addition, the proposed 
revision to Subchapter 13 would not result in any increase in 
emissions and would not interfere with any NAAQS or PSD increment.

    We agree with ODEQ's conclusion that time limits on the operation 
of hydrocarbon flares are inappropriate and, if actually implemented, 
could cause a life or safety hazard and result in an increase in 
emissions of hydrocarbons while the flare is not in use. As such, the 
removal of the operating time restriction would reduce emissions of 
VOCs, if one assumes the restrictions had been enforced. However, as 
ODEQ notes, the restriction on hydrocarbon flaring could not have been 
practically enforced without introducing life or safety hazards. As 
such, the time limits on the operation of hydrocarbon flares could not 
have been implemented and, in fact, have never been implemented because 
they are inconsistent with several state and federal requirements, as 
noted above. Removing the time restriction is not expected to result in 
any actual change in emissions, and, therefore, its removal will not 
increase emissions or interfere with attainment or PSD increments.
    The other exemption from the open burning time restriction included 
in the proposed SIP revision of OAC 252:100-13-9(4) concerns the use of 
air curtain incinerators (ACIs) under OAC 252:100-13-8. As noted in 
ODEQ's July 31, 2018 Letter, the use of ACIs under OAC 252:100-13-8 is 
limited to ``combustible material or refuse that is allowed to be 
burned under this Chapter (emphasis added).'' In addition, ODEQ's July 
31, 2018 Letter at page 2 notes:

    DEQ exempted open burning using an ACI from the time limitation 
because an ACI is a control device that reduces the pollution 
created by open burning. ACIs are also a safer means of reducing 
waste by lowering the risk of escaped fires and embers. As compared 
to open burning without ACIs, an ACI reduces air pollution by about 
90%, and specifically particulate matter by 97%, greatly reducing 
the probability of creating an air quality hazard or nuisance. One 
of the reasons DEQ eliminated the time restriction on the use of an 
ACI was to remove a barrier for anyone who could, to use an ACI. 
Please note the use of an ACI for any day where an Ozone or PM watch 
has been declared in a Metropolitan Statistical Area (MSA) or county 
is prohibited in OAC 252:100-13-9(5). It is also very important to 
note that the volume of materials being burned would not change 
based on this rule revision. However, the use of an ACI to burn that 
same volume, regardless of the time of day, would result in fewer 
emissions released to the environment. As such, the proposed 
revision to Subchapter 13 promotes a better pollution control 
measure which would neither result in any increase in emissions nor 
interfere with any NAAQS or PSD increment.

    The EPA finds ODEQ's conclusion that the volume of material being 
burned would not change based on this rule revision is reasonable. In 
considering the allowed open burning activities listed in OAC 252:100-
13-7, there is no reason to believe that removal of barriers to air 
curtain incinerators will result in more material being burned. For 
example, the EPA sees no reason, and the commenter provided no reason 
to expect, that more land would need clearing--an activity for which 
open burning is allowed under OAC 252:100-13-7(4)--due to the lifting 
of the time restrictions otherwise applicable to open burning for this 
activity. Instead, it is expected that if more air curtain incinerators 
are used relative to open burning, the air curtains would provide more 
efficient combustion and, as a result, less pollution. We also note 
that open burning of refuse and other combustible material may occur 
only if the burning is conducted so that the contaminants do not 
adversely affect the ambient air quality of a city or town. See OAC 
252:100-13-9 (3). Open burning of refuse and other combustible material 
may occur only if no public nuisance is or will be created, and the 
burning is controlled so that a visibility hazard is not created on any 
roadway, rail track or air field as a result of the air contaminants 
being emitted. See OAC 252:100-13-9(1) and (2), respectively. Also, use 
of an ACI is prohibited for any day where an Ozone or PM watch has been 
declared by ODEQ in a Metropolitan Statistical Area (MSA) or county. 
See OAC 252:100-13-9(5). Furthermore, persons who conduct open burning 
in accordance with the provisions of Subchapter 13 are not exempt or 
excused from the

[[Page 37581]]

consequences, damages, or injuries that may result from such conduct, 
nor are they exempt or excused from complying with all applicable laws, 
ordinances, rules, and orders. See OAC 252:100-13-11.
    Finally, we note that the requirements of CAA section 193 are 
inapplicable to the proposed revision to the Oklahoma SIP discussed 
above. In confirmation of the statement in ODEQ's July 31, 2018 Letter 
that ``Oklahoma has never relied upon Subchapter 13 as a control 
measure for any nonattainment plans adopted before November 15, 1990,'' 
we searched the EPA's Greenbook site for the Designated Area Design 
Values for NAAQS of 1987 PM10, 1971 SO2, 1978 Pb, 
1971 CO, and 1971 NO2, and did not find information 
concerning any pre-November 15, 1990 nonattainment plan in place for 
these criteria pollutants in Oklahoma. See the chart \8\ on page 5 of 
Supplement 3 to TSD. We believe that the additional information 
provided in ODEQ's July 31, 2018 Letter and presented above supports 
approval of the revisions to OAC 252:100-13-9(4) and that such 
revisions would not interfere with any applicable requirement 
concerning attainment or any other applicable requirement of the Clean 
Air Act.
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    \8\ https://www3.epa.gov/airquality/greenbook/ndtc.html (URL 
dated May 15, 2018).
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    With respect to commenters concern regarding the opportunity for 
public comment on our analysis, we note that ODEQ's July 31, 2018 
Letter was made available to the public as part of the October 5, 2018 
SNPR. See document ID Nos. EPA-R06-OAR-2017-0145-0026 and EPA-R06-OAR-
2017-0145-0023, respectively, at www.regulations.gov. The public was 
provided an opportunity to comment on the contents of ODEQ's letter and 
our analysis of it. Additionally, our Supplement 3 to TSD, prepared in 
conjunction with our publication of the supplemental notice, was also 
made available in the docket on October 5, 2018. See document ID. No. 
EPA-R06-OAR-2017-0145-0024. In the SNPR, the EPA notes that it is 
``reopening the comment period based on information submitted by 
Oklahoma in a letter dated July 31, 2018, and our analysis of it.'' (83 
FR 50312, October 5, 2018). Thus, through the supplemental notice, the 
EPA provided a fulsome opportunity for public comment on the additional 
information relevant to EPA's CAA section 110(l) analysis. The EPA did 
not receive comments on its October 5, 2018 supplemental notice action. 
For the reasons explained above, no changes have been made to the 
proposed approval of this rule revision as a result of this comment.
    Comment 2: OAC 252:100-17--Incinerators. Commenters note that the 
revisions would exclude New Source Performance Standard (NSPS) subpart 
AAAA \9\ and subpart CCCC \10\ sources from the incinerator 
requirements in OAC 252:100-17 (Subchapter 17) of the existing SIP. 
Commenters assert that neither the EPA nor Oklahoma provided any 
analysis to show that the NSPS requirements are as stringent as the 
Oklahoma Subchapter 17 requirements. Commenters note that Subchapter 17 
imposes particulate matter limits that do not include any exemptions 
for startup and shutdown, while the emission limits in NSPS subpart 
AAAA do not apply during startup, shutdown or malfunction (40 CFR 
60.1220). Commenters claim this SIP revision requires a CAA section 
110(l) analysis to ensure any emission increases resulting from the 
revision would not adversely impact compliance with the NAAQS or PSD 
increments. The commenter also asserts that the EPA has not compared 
the emission limits in NSPS subparts AAAA and CCCC to Subchapter 17 to 
ensure that the SIP revision will not result in relaxing emission 
limits that apply to these sources under the current SIP, including the 
particulate matter requirements for fuel-burning units pursuant to OAC 
252:100-17-1.3 and 252:100-19 of the existing SIP that apply to 
incinerators that also generate useful heat energy.
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    \9\ 40 CFR part 60, subpart AAAA--Standards of Performance for 
Small Municipal Waste Combustion Units for Which Construction is 
Commenced After August 30, 1999 or for Which Modification or 
Reconstruction is Commenced After June 6, 2001.
    \10\ 40 CFR part 60, subpart CCCC--Standards of Performance for 
Commercial and Industrial Solid Waste Incineration Units.
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    Response: As the commenters correctly note, the February 14, 2017 
submittal includes a revision to OAC 252:100-17-2 which adds NSPS 
subpart AAAA and NSPS subpart CCCC to the list of sources exempt from 
the requirements applicable to general purpose incinerators. As stated 
on page 2 of ODEQ's July 31, 2018 Letter,

    It has always been DEQ's intention that Part 3 of Subchapter 17 
apply to general purpose incinerators that are not otherwise covered 
by a more specific and applicable state or federal regulation. The 
addition of NSPS Subpart AAAA and CCCC to the list of exemptions is 
intended to ensure that small municipal waste combustion units and 
commercial and industrial solid waste incinerators are appropriately 
required to follow the NSPS specific to that type of unit, rather 
than the generic opacity and particulate matter regulations in OAC 
252:100-17-3 and 100-17-4.

    As an initial matter, the EPA believes it is reasonable for 
Oklahoma make efforts to remove requirements that overlap with Federal 
requirements when consistent with the Act. Further, as noted on page 3 
of ODEQ's July 31, 2018 Letter,

    Oklahoma currently has no incinerators subject to the small 
municipal waste combustion rule of NSPS Subpart AAAA. The facilities 
subject to NSPS Subpart CCCC in Oklahoma are subject due to the 
presence of an ACI and are required to have a Title V permit. 
Emission inventories are required annually per OAC 252:100-5 and 
include state rule OAC 252:100-9 emission reporting. There is no 
regulatory or emissions reporting gap created by exempting these 
units from Subchapter 17.

    So, with regard to incinerators subject to NSPS subpart AAAA, there 
will be no increase in emissions due to exempting sources subject to 
this standard, as there are no known sources currently subject to NSPS 
subpart AAAA in Oklahoma. In addition, and as discussed below, any 
increase in emissions due to exempting subpart CCCC sources will be de 
minimus.
    An inquiry for sources subject to NSPS subpart CCCC requirements in 
Oklahoma reveals that such sources have an estimated or reported total 
annual PM10 emissions of 2.337 tons (based on 2017 emission 
inventory data and permitted rate). To the extent that revisions to OAC 
252:100-17 might have resulted in any increased emissions from this 
source category when compared to the total state-wide national emission 
inventory of 10,693.06 tons of PM10, the resulting ratio is 
so small (2.337/10,693.06 = 0.000219, or less than three-one hundredth 
of one percent) that it is reasonable to conclude that such a de 
minimus amount would not interfere with the attainment or maintenance 
of the NAAQS, PSD increment, or any other applicable requirement of the 
Act relating to SIPs.\11\ The commenter also specifically noted that 
emissions during startup and shutdown are exempt under NSPS subpart 
AAAA, but since there are no NSPS subpart AAAA sources in Oklahoma, 
this is not a concern with respect to CAA section 110(l).
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    \11\ All air quality control regions in Oklahoma are currently 
designated as unclassifiable/attainment for PM2.5. See 40 
CFR 81.337.
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    NSPS subpart AAAA and CCCC sources previously subject to the 
General Purpose requirements of OAC 252:100-17, Part 3 would be subject 
to the emission requirements in the applicable federal NSPS rather than 
the

[[Page 37582]]

particulate matter emission limits provided by OAC 252:100, Appendix 
A.\12\ Comparatively, the type of pollutants and the control 
requirements in 40 CFR part 60, subparts AAAA and CCCC are more robust 
and provide for better air quality protection than the out of date 
empirical formula found in Appendix A of the 1972 Oklahoma SIP. We 
believe it is reasonable for Oklahoma to remove old and duplicative 
requirements. Finally, according to the 2016 State's Air Data Report, 
Oklahoma has better ambient air quality than required under the 
PM2.5 NAAQS, for both the primary and secondary, and the 
PM10 NAAQS. See the charts on page 5 of Supplement 3 to 
TSD.\13\
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    \12\ Appendix A in the Oklahoma SIP is part of an arcane 
Regulation 5 which uses a process weight formula to calculate a 
corresponding particulate emission rate based on its capacity.
    \13\ See http://www.deq.state.ok.us/AQDnew/airreport2016/PM25.html (URL dated May 1, 2018) and http://www.deq.state.ok.us/AQDnew/airreport2016/PM10.html (URL dated May 1, 2018).
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    We note that under the Oklahoma SIP, should a source become subject 
to NSPS subpart AAAA or subpart CCCC in the future, new source review 
(NSR) permitting requirements would be triggered which require emission 
limitations for all periods of normal operation, including periods of 
startup and shutdown. In addition, 40 CFR 60.2145(a)(1) of NSPS subpart 
CCCC states that the emission standards and operating requirements set 
forth in this subpart apply at all times. Furthermore, affected sources 
subject to NSPS subparts AAAA or CCCC in the future would trigger 
Oklahoma NSR SIP and Title V requirements that ensure emissions from 
such sources do not interfere with attainment or any other applicable 
requirement of the CAA. Stationary sources subject to NSPS subparts 
AAAA or CCCC must obtain an air permit that includes operational 
conditions and limitations necessary to assure compliance with all 
applicable requirements, including the NAAQS. See OAC 252:100-8-3 and 
OAC 252:100-8-6(a) of the Oklahoma SIP. See also OAC 252:100-4 of the 
Oklahoma SIP. The federal NSPS requirements in combination with the NSR 
SIP requirements will ensure that any emission increases due to 
exempting NSPS subpart AAAA and CCCC sources from the requirements of 
OAC 252:100-17, Part 3 will be de minimus and will not interfere with 
any applicable requirement concerning attainment or any other 
applicable requirement of the Act.
    In addition, we are only approving into the SIP, the revision to 
OAC 252-100-17-2 discussed above. We have not proposed action related 
to the provisions of OAC 252:100-17, Part 9 Commercial and Industrial 
Solid Waste Incineration Units--specifically OAC 252:100-17-60 thru 17-
76--as discussed in the March 22, 2018 (83 FR 12515) notice and the 
SNPR. These provisions were not submitted to the EPA for SIP approval 
as part of the February 14, 2017 SIP submittal and include provisions 
that pertain to CAA sections 111(d) and 129, instead, which will be 
acted upon separately in the future.\14\ Therefore, no changes have 
been made to the proposed approval of the rule revision as a result of 
this comment.
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    \14\ OAC 252:100-17-60 thru 17-76 are not directly related to 
CAA section 110 (State implementation Plans for NAAQS) and pertain 
to CAA sections 111(d) (Standards of performance for existing 
sources; remaining useful life of source) and 129 (Solid waste 
combustion) standards. These Subchapter 17 revisions were submitted 
by the Oklahoma Department of Environmental Quality to EPA, by 
letter dated September 15, 2017, as an update to Oklahoma's Air 
Quality State Plan for Commercial and Industrial Solid Waste 
Incinerators (CISWI) units, under CAA sections 111(d) and 129. 
Pursuant to those statutory provisions and EPA's implementing 
regulations related thereto, EPA will be evaluating and acting upon 
the September 15, 2017 Submittal in a separate action.
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    Comment 3: OAC 252:100- 25--Visible Emissions and Particulates. The 
commenters state that the EPA is proposing to remove the requirement 
for the EPA and ODEQ to jointly approve alternative monitoring 
requirements and instead allow only ODEQ to make such determinations on 
a case-by-case basis, thereby essentially allowing changes to the 
opacity monitoring requirements of the SIP without going through the 
SIP revision process. The commenters claim that the provision in the 
currently existing SIP, requiring both EPA and ODEQ approval, ensures 
that EPA would evaluate the alternative opacity monitoring requirements 
to make certain that the alternative monitoring does not represent a 
relaxation of the SIP limits. Citing to 40 CFR 51.212(c), the 
commenters note that the SIP requirements for source testing provide 
that a state may use test methods in Appendix M of 40 CFR part 51 or 
Appendix A of 40 CFR part 60; or the state may use an alternative 
opacity monitoring method that is not identified in those two 
Appendices following review and approval of that method by the EPA. 
Commenters conclude that to the extent ODEQ uses an alternative 
monitoring method not identified in the above-referenced Appendices, it 
must obtain EPA's approval.
    Response: OAC 252:100-25-5 imposes continuous opacity monitoring 
requirements on sources subject to 40 CFR part 51, appendix P and is, 
therefore, governed by the requirements in appendix P. The February 14, 
2017 submittal includes a revision to OAC 252:100-25-5(c) which 
eliminates the words ``and EPA'' from the rule's requirement concerning 
the case-by-case approval of alternative monitoring requirements 
different from the provisions of parts 1 through 5 of 40 CFR part 60, 
appendix P if continuous monitoring cannot be implemented by a source 
due to physical plant limitations or extreme economic reasons. Thus, 
OAC 252:100-25-5(c) concerns the installation and operation of emission 
monitoring systems as required by 40 CFR 51.214 and not the 
requirements related to enforceable test methods or alternative test 
methods as provided in 40 CFR 51.212 and cited to by the commenters. 
More specifically, 40 CFR 51.214(c) requires that the type of sources 
set forth in 40 CFR part 51, appendix P meet the applicable 
requirements therein. In turn, appendix P states that SIPs may include 
provisions that provide for approval, on a case-by-case basis, of 
alternative monitoring requirements if the installation of a continuous 
monitoring system cannot be implemented by a source due to physical 
limitations or extreme economic reasons. See 40 CFR part 51, appendix 
P, part 6.0, Special Consideration. Importantly, there is no 
requirement that the state obtain EPA's approval when making such 
determinations. The state rulemaking record for the changes to OAC 
252:100-25-5(c) support ODEQ's position that the provisions therein are 
based on the special consideration language of part 6 of 40 CFR part 
51, appendix P, which describes the powers and duties of the state and 
alternatives to monitoring for sources with certain conditions. See 
pages 16-17 of the Transcript of Proceedings of the Air Quality Council 
Meeting, dated November 14, 2014, included in the February 14, 2017 
submittal.\15\ Based upon Oklahoma's statements as well as the 
discussion above, no changes are made to the proposed approval of this 
rule revision as a result of this comment, and we are approving the 
submitted revision to OAC 252:100-25 into the Oklahoma SIP.
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    \15\ See document ID No. EPA-R06-OAR-2017-0145-0003 at 
Regulations.gov.
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    Comment 4: OAC 252:100-31--Control of Emission of Sulfur Compounds. 
The commenter notes that the revisions would eliminate the 
SO2 ambient standards (exposure limits) in the existing SIP 
at OAC 252:100-31-12 (renumbered OAC 252:100-31-7). The

[[Page 37583]]

commenters claim that, contrary to ODEQ's assertion, the removed 
standards can still be considered protective of the current (2010) 
SO2 NAAQS. More specifically, the commenters note that the 
averaging times and calculation methodologies underlying the existing 
SO2 SIP ambient (exposure) standards are significantly 
different than the 2010 SO2 NAAQS averaging times and 
methodologies. Due to the form of the SO2 standards in the 
existing SIP being significantly different (5-minute) than the form of 
the 2010 (1-hour) SO2 NAAQS and the its application to 
existing equipment, the commenters assert that OAC 252:100-31-12 in the 
existing SIP may provide protections in addition to those provided by 
the 2010 SO2 NAAQS. The commenters questioned the CAA 
section 110(l) noninterference demonstration submitted by ODEQ as well 
as the EPA's proposed finding that the CAA section 110(l) requirements 
have been met. In addition, the commenters assert that removal of the 
SO2 standards from the SIP could lead to increased emissions 
and relaxation of limits previously taken by some sources in order to 
meet these SIP requirements. The commenters note that such emission 
increases would need to be evaluated under CAA section 110(l) and 
determined not to adversely impact the NAAQS or PSD increments. In 
addition, they assert that the EPA must determine that other 
requirements in 40 CFR 51.166(a) and 40 U.S.C. 7410 and 7471 have been 
met. Finally, the commenters assert that record should include an 
analysis demonstrating that the requirements of CAA section 193 and 40 
CFR 51.165(a)(2) have been met.
    Response: As the commenters note, the February 14, 2017 submittal 
includes a revision to OAC 252:100-31 which removes SO2 
ambient standards (exposure limits) in the existing SIP at OAC 252:100-
31-12 (renumbered OAC 252:100-31-7).\16\ Oklahoma's SIP submittal also 
includes a CAA section 110(l) Noninterference Demonstration. The 
purpose of a CAA section 110(l) demonstration is to ensure that the 
proposed SIP revision does not interfere with any applicable 
requirement concerning attainment of the NAAQS or any other applicable 
requirement of the CAA. See 42 U.S.C. 7410(l). The revision which must 
be evaluated under CAA section 110(l) (to determine if it interferes 
with attainment or maintenance of the NAAQS or any other CAA 
requirement) is the removal of the SO2 state standards in 
the existing SIP at OAC 252:100-31-12 (renumbered OAC 252:100-31-7).
---------------------------------------------------------------------------

    \16\ As noted in Supplement 3 to the TSD included in the docket 
for this action, the replaced SO2 standards are state 
standards (i.e., not required by the EPA SIP regulations) that have 
been approved into the Oklahoma SIP. See document ID No. EPA-R06-
OAR-2017-0145-0002 at Regulations.gov.
---------------------------------------------------------------------------

    As noted on pages 3-4 of ODEQ's July 31, 2018 Letter:

    ``Because the state standards have been replaced with the 
national standards, provisions are in place to prevent Oklahoma 
sources' emissions from interfering with the 2010 1-hour NAAQS. . . 
. And, if one of the permits, due to the removal of these [state] 
standards, had resulted in significant increases in emissions from a 
major stationary source, the permit would have required a Prevention 
of Significant Deterioration (PSD) review. Additionally, the Data 
Requirements Rule (DRR) in 40 CFR part 51 has resulted in additional 
SO2 monitors and modeling in Oklahoma. This modeling 
shows the areas around the DRR sources to be in attainment of the 
2010 SO2 1-hour NAAQS. Ambient air monitoring is ongoing, 
but data collected to date indicate that monitored areas are 
attaining the SO2 NAAQS. These factors support DEQ's 
110(1) demonstration that there has been no deterioration of air 
quality in Oklahoma due to the removal of these state standards.''

    As stated above, Oklahoma opted to revise its state law to remove 
the outmoded SO2 standards in OAC 252:100-31-12 (renumbered 
to OAC 252:100-31-7), in light of the EPA's 2010 SO2 NAAQS 
and its incorporation into OAC 252:100, Appendix E. It now asks the EPA 
to approve this revision into the SIP. Since the removal of OAC 
252:100-31-12 from the SIP cannot interfere with the attainment of the 
2010 SO2 NAAQS, the Oklahoma SIP contains provisions to 
ensure that SO2 sources do not interfere with the current 
SO2 NAAQS as discussed below.
    In response to commenters concern that existing sources may seek 
modifications to remove or change SO2 emission limits 
previously taken in air permits in order to meet the replaced state 
SO2 standard, ODEQ notes provisions are in place to prevent 
Oklahoma sources from interfering with the 2010 SO2 NAAQS. 
Such provisions are found in Oklahoma's major and minor NSR SIP 
programs. For example, under OAC 252:100-7 (permits for minor 
facilities), which has been approved into the Oklahoma SIP, 
construction and operating permits must contain provisions that 
prohibit exceedances of ambient air quality standards contained in OAC 
252:100-3, including the 2010 SO2 NAAQS. See OAC 252:100-7-
15(d) and 7-18(f). In addition, as noted in ODEQ's July 13, 2018 Letter 
and under OAC 252:100-8 of the EPA-approved Oklahoma SIP, permits for 
Part 70 sources (including PSD sources) must include operational 
conditions and limitations necessary to assure compliance with all 
applicable requirements, including the 2010 SO2 NAAQS and 
other SIP requirements. See OAC 252:100-8-6(a) and OAC 252:100-8-2 
(definition of applicable requirement). Therefore, should a source 
submit a permit application to revise an emissions limitation 
previously taken to meet the state SO2 standard, ODEQ would 
need to conduct an evaluation of the impacts associated with an 
increase of emissions on the NAAQS and PSD increments as well as ensure 
that the requirements of 40 CFR 51.166(a) and other applicable 
requirements of the CAA have been met, including those cited by the 
commenter. See, e.g., OAC 252:100-8, Part 7 of the federally-approved 
Oklahoma SIP; see also 40 CFR part 52, subpart LL.
    Finally, in confirmation of ODEQ's July 31, 2018 Letter which 
states that ``Oklahoma has never relied upon Subchapter 31 as a control 
measure for any nonattainment plans adopted before November 15, 1990'' 
in relation to CAA section 193, we searched EPA's Greenbook site for 
the Designated Area Design Values for NAAQS of 1987 PM10, 
1971 SO2, 1978 Pb, 1971 CO, and 1971 NO2 and did 
not find information concerning any pre-November 15, 1990 nonattainment 
plan in place for these criteria pollutants in Oklahoma. See the chart 
on page 14 of Supplement 3 to TSD.\17\ As such, the requirements of CAA 
section 193 are not applicable to this rulemaking action. Therefore, 
based upon Oklahoma's statements as well as the analysis presented in 
the record and discussed above, the proposed revision would not 
interfere with any applicable requirement concerning attainment or any 
other applicable requirement of the Act. Therefore, no changes have 
been made to the proposed approval of this rule revision as a result of 
this comment.
---------------------------------------------------------------------------

    \17\ See https://www3.epa.gov/airquality/greenbook/ndtc.html 
(URL dated May 15, 2018).
---------------------------------------------------------------------------

    In addition, from a historical perspective of SO2 NAAQS 
review, we note the Clean Air Scientific Advisory Committee stated that 
the Risk and Exposure Assessment (REA) had presented a ``convincing 
rationale'' for a one-hour standard, and that ``a 1-hour standard is 
the preferred averaging time'' and has been ``in agreement with having 
a short-term standard and finds that the REA supports a one-hour 
standard as protective of public health.'' (74 FR 64833, December 8, 
2009).\18\ For

[[Page 37584]]

example, the existing OAC 252:100-31-12(a), in part, sets forth an 
ambient air concentration of sulfur dioxide at 1300 [mu]g/m3 (0.50 ppm) 
in a five (5) minute period. In developing the SO2 NAAQS, 
EPA wrote,
---------------------------------------------------------------------------

    \18\ The Clean Air Scientific Advisory Committee is designed to 
provide independent advice to the EPA Administrator on the technical 
bases for EPA's NAAQS, and the Risk and Exposure Assessment is a 
planning document EPA develops when establishing NAAQS for criteria 
pollutants.

    ``When evaluating alternative forms in conjunction with specific 
levels, the REA considered the adequacy of the public health 
protection provided by the combination of level and form to be the 
foremost consideration. In addition, the REA recognized that it is 
important that the standard have a form that is reasonably stable. 
As just explained in the context of a five-minute averaging time, a 
standard set with a high degree of instability could have the effect 
of reducing public health protection because shifting in and out of 
attainment could disrupt an area's ongoing implementation plans and 
---------------------------------------------------------------------------
associated control programs (74 FR 64833, December 8, 2009).''

    In addition, as a part of final FR SO2 NAAQS in the 1996 
rulemaking \19\ regarding a 5-minute standard CASAC wrote:
---------------------------------------------------------------------------

    \19\ https://www.govinfo.gov/content/pkg/FR-1996-05-22/pdf/96-12863.pdf, Page 25579.

    ``3. It was the consensus of CASAC that any regulatory strategy 
to ameliorate such exposures be risk-based-targeted on the most 
likely sources of short-term sulfur dioxide spikes rather than 
imposing short term standards on all sources. All of the nine CASAC 
Panel members recommended that Option 1, the establishment of a new 
5-minutes standard, not be adopted. Reasons cited for this 
recommendation included: the clinical experiences of many ozone 
experts which suggest that the effects are short-term, readily 
reversible, and typical of response seen with other stimuli. 
Further, the committee viewed such exposures as rare events which 
will even become rarer as sulfur dioxide emissions are further 
reduced as the 1990 amendments are implemented. In addition, the 
committee pointed out that enforcement of a short-term NAAQS would 
require substantial technical resources. Furthermore, the committee 
did not think that such a standard would be enforceable. 4. CASAC 
questioned the enforceability of a 5-minute NAAQS or ``target 
level.'' Although the Agency has not proposed an air monitoring 
strategy, to ensure that such a standard or ``target level'' would 
not be exceeded, we infer that potential sources would have to be 
surrounded by concentric circles of monitors. The operation and 
maintenance of such monitoring networks would be extremely resource 
intensive. Furthermore, current instrumentation used to routinely 
monitor sulfur dioxide does not respond quickly enough to accurately 
---------------------------------------------------------------------------
characterize 5-minute spikes.''

    Upon inquiry we were informed that the State did not collect 5-
minute (short term) SO2 monitoring data and such information 
does not exist for us to evaluate or compare the State-only standard 
with the 2010 1-Hour SO2 NAAQS for CAA section 110(l) 
purposes.
    To the extent sources were subject to the 5-minute standard, it 
would have arisen during the permitting process if a modeling 
demonstration had indicated more stringent permit limits would be 
necessary to protect the five minute average. As noted by ODEQ above, 
any attempt to remove those limitations would trigger PSD requirements 
(e.g., BACT analysis) had there been a significant SO2 
emissions increase.
    No comments pertaining to February 14, 2017 revisions to OAC 
252:100 Appendix E--Primary Ambient Air Quality Standards, and OAC 
252:100 Appendix F--Secondary Ambient Air Quality Standards were 
received. Therefore, approval of these two Appendices as a revision to 
the Oklahoma SIP will be finalized as proposed.
    This concludes our response to relevant comments received. No 
changes to the Proposal and the SNPR have been made as a result of the 
comments received; therefore, we are finalizing proposed revisions 
noted in the Proposal and the corresponding SNPR into the Oklahoma SIP, 
as submitted on February 14, 2017.

III. Final Action

    We are approving rule revisions to OAC:252:100 Subchapters 13 Open 
Burning, 17 Incinerators, 25 Visible Emissions and Particulates, 31 
Control of Emission of Sulfur Compounds, Appendix E Primary Ambient Air 
Quality Standards, and Appendix F Secondary Ambient Air Quality 
Standards as submitted on February 14, 2017. Our approval will 
incorporate these changes into the SIP for Oklahoma.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.4, the EPA is finalizing the incorporation by reference of the 
revisions to the Oklahoma regulations as described in the Final Action 
section above. The EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulation.gov, Docket ID. No. EPA-R06-OAR-2017-0145 and at the EPA 
Region 6 office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the SIP, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.

V. 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this 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 action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
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. 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;
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human

[[Page 37585]]

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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). 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 September 30, 2019. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed 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, Intergovernmental relations, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: July 25, 2019.
David Gray,
Acting Regional Administrator, Region 6.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart LL--Oklahoma

0
2. In Sec.  52.1920, the table in paragraph (c), under the heading 
entitled ``Chapter 100 (OAC:252:100). Air Pollution Control,'' is 
amended:
0
a. Under Subchapter 13 by:
0
i. Revising the entries for ``252:100-13-2'' and ``252:100-13-7'', 
under Subchapter 13;
0
ii. Adding an entry for ``252:100-13-8''; and
0
iii. Revising the entry for ``252:100-13-9'';
    b. Under Subchapter 17 by:
0
i. Revising the heading for Part 3; and
0
ii. Revising the entry for ``252:100-17-2``;
0
c. Under Subchapter 25 by revising the entry for ``252:100-25-5'';
0
d. Under Subchapter 31 by:
0
i. Revising the entries for ``252:100-31-1'' and ``252:100-31-2'';
0
ii. Removing the entry for ``252:100-31-3'';
0
iii. Adding a heading entitled ``Part 2. Ambient Air Concentration 
Limits or Impacts for New and existing Equipment, Sources, or 
Facilities'' immediately after the entry for 252:100:31-2;
0
iv. Adding an entry for ``252:100-31-7'' under added Part 2;
0
v. Removing the entries for ``252:100-31-12'' and ``252:100-31-14'' 
under Part 3;
0
vi. Revising the entries for ``252:100-31-13'' and ``252:100-31-15'' 
under Part 3;
0
vii. Adding an entry for ``252:100-31-16'' under Part 3;
0
viii. Revising the entries for ``252:100-31-25'' and ``252:100-31-26'' 
under Part 5; and
0
f. Under Appendices for OAC 252: Chapter 110 by revising the entries 
for ``252:100, Appendix E'' and ``252:100, Appendix F''.
    The revisions and additions read as follows:


Sec.  52.1920  Identification of plan.

* * * * *
    (c) * * *

                                                            EPA Approved Oklahoma Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
           State citation                 Title/subject             State effective date           EPA approval date               Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Chapter 100 (OAC:252-100). Air Pollution Control
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Subchapter 13. Open Burning
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
252:100-13-2.......................  Purpose...............  07/01/2013                         8/1/2019 [Insert
                                                                                                 Federal Register
                                                                                                 citation].
 
                                                                      * * * * * * *
252:100-13-7.......................  Allowed open burning..  07/01/2013                         8/1/2019 [Insert
                                                                                                 Federal Register
                                                                                                 citation].
252:100-13-8.......................  Use of air curtain      07/01/2013                         8/1/2019 [Insert
                                      incinerators.                                              Federal Register
                                                                                                 citation].
252:100-13-9.......................  General conditions and  07/01/2013                         8/1/2019 [Insert
                                      requirements for                                           Federal Register
                                      allowed open burning.                                      citation].

[[Page 37586]]

 
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Subchapter 17. Incinerators
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Part 3. General Purpose Incinerators
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
252:100-17-2.......................  Applicability.........  09/12/2014                         8/1/2019 [Insert        ................................
                                                                                                 Federal Register
                                                                                                 citation].
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Subchapter 25. Visible Emissions and Particulates
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
252:100-25-5.......................  Continuous emission     07/01/2013                         8/1/2019 [Insert
                                      monitoring for                                             Federal Register
                                      opacity.                                                   citation].
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Subchapter 31. Control of Emission of Sulfur Compounds
--------------------------------------------------------------------------------------------------------------------------------------------------------
     Part 1. General Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
252:100-31-1.......................  Purpose...............  07/01/2012                         8/1/2019 [Insert
                                                                                                 Federal Register
                                                                                                 citation].
252:100-31-2.......................  Definitions...........  07/01/2012                         8/1/2019 [Insert
                                                                                                 Federal Register
                                                                                                 citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Part 2. Ambient Air Concentration Limits or Impacts for New and existing Equipment, Sources, or Facilities
--------------------------------------------------------------------------------------------------------------------------------------------------------
252:100-31-7.......................  Allowable hydrogen      07/01/2012                         8/1/2019 [Insert
                                      sulfide (H2S) ambient                                      Federal Register
                                      air concentrations                                         citation].
                                      for new and existing
                                      sources.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Part 3. Existing Equipment Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
252:100-31-13......................  Requirements for        07/01/2012                         8/1/2019 [Insert
                                      existing sulfuric                                          Federal Register
                                      acid plants.                                               citation].
252:100-31-15......................  Requirements for        07/01/2012                         8/1/2019 [Insert
                                      existing kraft pulp                                        Federal Register
                                      mills.                                                     citation].
252:100-31-16......................  Requirements for        07/01/2012                         8/1/2019 [Insert
                                      existing fossil fuel-                                      Federal Register
                                      fired steam                                                citation].
                                      generators.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Part 5. New Equipment Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
252:100-31-25......................  Requirements for new    07/01/2013                         8/1/2019 [Insert
                                      fuel-burning                                               Federal Register
                                      equipment.                                                 citation].
252:100-31-26......................  Requirements for new    07/01/2012                         8/1/2019 [Insert
                                      petroleum and natural                                      Federal Register
                                      gas processes.                                             citation].
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Appendices for OAC 252: Chapter 100
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
252:100, Appendix E................  Primary Ambient Air     09/15/2016                         8/1/2019 [Insert
                                      Quality Standards.                                         Federal Register
                                                                                                 citation].
252:100, Appendix F................  Secondary Ambient Air   09/15/2016                         8/1/2019 [Insert
                                      Quality Standards.                                         Federal Register
                                                                                                 citation].

[[Page 37587]]

 
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2019-16229 Filed 7-31-19; 8:45 am]
 BILLING CODE 6560-50-P


