[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Proposed Rules]
[Pages 66103-66109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25954]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0208; FRL-10002-11-Region 6]


Air Plan Approval; Oklahoma; Updates to the General SIP and New 
Source Review Permitting Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve 
identified portions of revisions to the State Implementation Plan (SIP) 
for Oklahoma submitted by the State of Oklahoma designee by letters 
dated May 16, 1994; July 26, 2010; January 8, 2018; May 16, 2018; and 
December 19, 2018 and as clarified on May 16, 2018. This action 
addresses the revisions submitted to the Oklahoma SIP pertaining to 
incorporation by reference of Federal requirements, updates to the 
general SIP provisions and New Source Review (NSR) permit programs to 
address public notice and modeling requirements, including certain 
statutory provisions.

DATES: Written comments must be received on or before January 3, 2020.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0208, at https://www.regulations.gov or via email to 
wiley.adina@epa.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Adina Wiley, (214) 665-
2115, wiley.adina@epa.gov. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at the EPA 
Region 6 Office, 1201 Elm Street, Suite 500, Dallas, Texas. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available at either location 
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Adina Wiley, EPA Region 6 Office, Air 
Permits Section, 1201 Elm Street, Suite 500, Dallas, TX 75270, 214-665-
2115, wiley.adina@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with Adina Wiley or Mr. Bill Deese at 214-665-
7253.

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

I. Background

    Section 110 of the Act requires states to develop air pollution 
regulations and control strategies to ensure that air quality meets the 
EPA's National Ambient Air Quality Standards (NAAQS). These ambient 
standards are established under section 109 of the Act and they 
currently address six criteria pollutants: Carbon monoxide, nitrogen

[[Page 66104]]

dioxide, ozone, lead, particulate matter, and sulfur dioxide. The 
state's air regulations are contained in its SIP, which is basically a 
clean air plan. Each state is responsible for developing SIPs to 
demonstrate how the NAAQS will be achieved, maintained, and enforced. 
The SIP must be submitted to the EPA for approval and any changes a 
state makes to the approved SIP also must be submitted to the EPA for 
approval.
    Section 110(a)(2)(C) of the CAA requires states to develop and 
submit to the EPA for approval into the SIP, preconstruction review and 
permitting programs applicable to certain new and modified stationary 
sources of air pollutants for attainment and nonattainment areas that 
cover both major and minor new sources and modifications, collectively 
referred to as the NSR SIP. The CAA NSR SIP program is composed of 
three separate programs: Prevention of Significant Deterioration (PSD), 
Nonattainment New Source Review (NNSR), and Minor NSR. The EPA codified 
minimum requirements for these State permitting programs including 
public participation and notification requirements at 40 CFR 51.160-
51.164. Requirements specific to construction of new stationary sources 
and major modifications in nonattainment areas are codified in 40 CFR 
51.165 for the NNSR program. Requirements for permitting of new 
stationary sources and major modifications in attainment areas subject 
to PSD, including additional public participation requirements, are 
found at 40 CFR 51.166.
    The State of Oklahoma submitted revisions to the Oklahoma SIP on 
May 16, 1994; July 16, 2010; January 8, 2018; May 16, 2018; and 
December 19, 2018 and a clarification letter dated May 16, 2018. On May 
16, 1994, the Governor of Oklahoma submitted the recodification of the 
Oklahoma regulations as a revision to the Oklahoma SIP. The EPA 
addressed most of this recodification on November 3, 1999; this 
proposed rulemaking addresses the repeal of Regulation 3.8. See 64 FR 
59629. On July 16, 2010, Mr. J.D. Strong, Secretary of Environment, 
submitted revisions to the Oklahoma SIP to implement NSR Reform. The 
submittal included revisions to Subchapters 1 and 8 in OAC 252:100 that 
became effective June 15, 2006. The EPA has acted on all portions of 
the July 16, 2010, submittal except for the adoption of OAC 252:100-8-
36.1, which will be addressed in this proposed rulemaking. See 81 FR 
66535. On January 8, 2018, Mr. Michael Teague, Secretary of Energy and 
Environment, submitted revisions to the Oklahoma SIP that included the 
annual SIP update for 2017, with amendments to Subchapters 1, 2, 8, and 
Appendix Q. On May 16, 2018, Mr. Michael Teague, Secretary of Energy 
and Environment, submitted revisions to the Oklahoma SIP that included 
updates and amendments to OAC 252:4, relevant Oklahoma statutes, and a 
clarification letter dated May 16, 2018, about how the Oklahoma public 
notice process addresses the requirements for PSD public notice. On 
December 19, 2018, Mr. Michael Teague, Secretary of Energy and 
Environment, submitted revisions to the Oklahoma SIP that included the 
annual SIP updates for 2018, with amendments to OAC 252:100, 
Subchapters 2, 8, and Appendix Q. Collectively, the submitted revisions 
update the incorporation by reference of Federal requirements, the 
general SIP provisions and New Source Review (NSR) permit programs to 
address public notice and modeling requirements.

II. The EPA's Evaluation

    The accompanying Technical Support Document (TSD) for this action 
includes a detailed analysis of the submitted revisions to the Oklahoma 
SIP. Our analysis indicates that the May 16, 1994; July 16, 2010; 
January 8, 2018; May 16, 2018; and December 19, 2018, SIP revisions 
were developed in accordance with the CAA and the State provided 
reasonable notice and public hearing.

General SIP Updates

     On May 16, 1994, the Governor of Oklahoma submitted a 
recodification of the existing Oklahoma regulations as a revision to 
the Oklahoma SIP; as part of this recodification the State of Oklahoma 
requested that we remove Regulation 3.8 from the SIP. The EPA has 
determined that the provisions of Regulation 3.8, approved into the 
Oklahoma SIP on August 15, 1983, address the control of emissions of 
hazardous air pollutants (HAPs) and therefore do not need to be 
included in the Oklahoma SIP. Control of HAP emissions is appropriately 
addressed through the delegation of NESHAP and MACT standards; see the 
EPA's recent approval at 83 FR 53183 (October 22, 2018).
     The January 8, 2018, submittal updated the general 
definitions applicable to the entire Oklahoma SIP at OAC 252:100-1-3 to 
be consistent with Federal requirements. The definition of ``building, 
facility, or installation'' was revised to be consistent with the 
requirements at 40 CFR 51.165(a)(1)(ii)(A) and (B) and 40 CFR 
51.166(b)(6)(i) and (ii). The definition of ``carbon dioxide equivalent 
emissions'' was revised to delete the Greenhouse Gas (GHG) Biomass 
Deferral provisions.\1\ On May 23, 2016, the EPA disapproved the GHG 
Biomass Deferral revisions to the definition of ``carbon dioxide 
equivalent emissions'' at OAC 252:100-1-3 in the January 8, 2013, SIP 
submittal. See 81 FR 32239. The deletion of the provisions in the 
January 8, 2018, submittal is approvable as consistent with Federal 
requirements for permitting of GHGs and the EPA's May 23, 2016, 
disapproval. Additionally, removal of the GHG Biomass Deferral 
provisions from the definition will enable the EPA to remove the 
disapproval at 40 CFR 52.1922(c).
---------------------------------------------------------------------------

    \1\ On July 12, 2013, the D.C. Circuit, in Center for Biological 
Diversity v. EPA, 722 F.3d 401, vacated the provisions of the GHG 
Biomass Deferral. Due to a series of extension requests and 
rehearing proceedings, the court did not issue its mandate making 
the vacatur effective until August 10, 2015. However, the GHG 
Biomass Deferral expired by its own terms on July 21, 2014.
---------------------------------------------------------------------------

     The revisions to OAC 252:100, Subchapter 2 and Appendix Q 
submitted on January 8 and December 19, 2018, update the incorporation 
by reference dates so the Oklahoma SIP maintains consistency with 
Federal requirements. The State of Oklahoma is also incorporating by 
reference the requirements of the EPA's Guideline on Air Quality Models 
at 40 CFR part 51, appendix W; this updated incorporation ensures that 
the ODEQ will apply the current EPA models and requirements for SIP and 
air permit modeling needs.
     The May 16, 2018, Oklahoma SIP submittal included several 
revisions to existing SIP-approved requirements at OAC 252:4, Rules of 
Practice and Procedure, applicable to the entirety of the Oklahoma SIP. 
The submittal included revisions to OAC 252:4, Subchapter 1--General 
Provisions adopted May 6, 2005, April 25, 2013, and June 9, 2016; OAC 
252:4, Subchapter 3--Meetings and Public Forums adopted March 27, 2007; 
and OAC 252:4, Subchapter 9--Administrative Proceedings, Part 3--
Individual Proceedings adopted May 1, 2009, and April 25, 2013. The 
submitted revisions clarify existing SIP-approved requirements and 
update internal cross-references to other Oklahoma regulations.
     The May 16, 2018, Oklahoma SIP submittal included several 
revisions to the existing permit-related SIP requirements at OAC 252:4, 
Subchapter 7--Environmental Permit Process adopted on March 28, 2002; 
March 25, 2003, April 25, 2013, and June 13, 2017. OAC 252:4-7-5 has 
been expanded to clarify how the ODEQ processes permit fees and fee 
refunds. OAC 252:4-7-13

[[Page 66105]]

has been revised to include new public notice requirements. Revisions 
to OAC 252:4-7-13(g)(1)-(3) adopted on March 25, 2003, ensure 
consistency with Federal public notice requirements at 40 CFR 
51.166(q)(2)(iii) by requiring public notices to be published in a 
newspaper of general circulation, identify the emissions changes 
involved in the modification, and require written notice to neighboring 
states where the air quality may be impacted. Revisions to OAC 252:4-7-
13(g)(5) adopted on June 13, 2017, require public notices for PSD 
permits to specify the degree of increment consumption and that public 
notices for PSD permits are sent to the applicant, EPA Administrator, 
and officials and agencies having cognizance over the location of the 
proposed construction, consistent with the Federal PSD requirements at 
40 CFR 51.166(q)(2)(iii) and (iv), discussed more fully in the section 
about PSD public notice requirements.\2\ Section OAC 252:4-7-18 has 
been expanded to clarify how the ODEQ will review and correct a permit 
prior to issuance. Section OAC 252:4-7-20 has been added to specify the 
process of ODEQ review of a final permit decision and the contents of 
the final permit decision administrative record. The SIP-approved 
portions of OAC 252:4-7-32 have been renumbered; the EPA is only 
addressing the renumbering in this proposal. Section OAC 252:4-7-33 has 
been expanded to include new 7-33(c)(3) which requires Tier II public 
notice for the SIP-approved plant-wide emission plan approvals at OAC 
252:100, Subchapters 37 or 39.
---------------------------------------------------------------------------

    \2\ The EPA is taking no action on the severable revision to OAC 
252:4-7-13(g)(4) adopted on March 25, 2003, and submitted May 16, 
2018. This adopted provision is specific to operating permits, which 
are addressed through a state's part 70 program rather than the SIP.
---------------------------------------------------------------------------

     The new provisions at OAC 252:4-17-1--OAC 252:4-17-7 
adopted on April 27, 2007, and the revisions to OAC 252:4-17-2 and OAC 
252:4-17-4 adopted on June 9, 2016, submitted as a revision to the 
Oklahoma SIP on May 16, 2018, establish the requirements for Cross-
Media Electronic Reporting Rule (CROMERR) compliant electronic 
reporting under 40 CFR parts 51 and 52 in the State of Oklahoma. The 
EPA has separately evaluated and approved the Oklahoma Electronic 
Document Receiving System as CROMERR compliant. See 73 FR 58587, 79 FR 
55792, and 81 FR 36301. The requirements at OAC 252:4-17-1 through OAC 
252:4-17-7 are approvable as revisions to the Oklahoma SIP consistent 
with the requirements of 40 CFR 51.286.
    The EPA has determined it is appropriate to approve the general 
revisions to the Oklahoma SIP discussed above because these revisions 
maintain consistency with Federal requirements and will not interfere 
with any applicable requirement concerning attainment and reasonable 
further progress or any other applicable CAA requirements.

PSD Updates

    The State of Oklahoma submitted revisions to the PSD Program on 
January 8, 2018, that were adopted on June 13, 2017 at OAC 252:100-8-
31, Definitions; OAC 252:100-8-33, Exemptions; and OAC 252:100-8-35, 
Air quality impact evaluation. Additional revisions to OAC 252:100-8-35 
were adopted on June 18, 2018 and submitted on December 19, 2018.
     The submitted revisions to OAC 252:100-8-31, update the 
definitions of: (1) ``Regulated NSR Pollutant'' to be consistent with 
the Federal requirements at 40 CFR 51.166(b)(49); (2) ``Significant'' 
to be consistent with the Federal requirements at 40 CFR 51.166(b)(23); 
and (3) ``Subject to regulation'' to remove the GHG Biomass Deferral 
and GHG PSD permitting requirements for non-anyway sources to be 
consistent with the Federal requirements at 40 CFR 51.166(b)(48). On 
May 23, 2016, the EPA disapproved the GHG Biomass Deferral and GHG PSD 
permitting requirements for non-anyway sources in the definition of 
``Subject to regulation'' at OAC 252:100-8-31 in the January 8, 2013 
SIP submittal. See 81 FR 32239. Approval of the revisions to the 
definition of ``Subject to regulation'' will allow the EPA to remove 
the disapproval of the Oklahoma non-anyway permitting provisions at 40 
CFR 52.1922(b)(2) and the disapproval of the GHG Biomass Deferral at 40 
CFR 52.1922(c).
     The revisions to OAC 252:100-8-33 update the PSD 
Exemptions consistent with Federal requirements. The provisions at OAC 
252:100-8-33(a)(2) have been updated to reflect the Federal 
requirements at 40 CFR 51.166(i)(2) for nonattainment designations for 
revoked NAAQS. The exemptions from air quality analysis requirements at 
OAC 252:100-8-33(c) have been updated to remove the significant 
monitoring concentration exemption for PM2.5, consistent 
with the Federal PSD requirements at 40 CFR 51.166(i)(5)(i) and the 
EPA's prior disapproval on October 28, 2016. See 81 FR 74921. As a 
result of this change, the EPA will remove the disapproval at 40 CFR 
52.1920(b)(3).
     The revisions to OAC 252:100-8-35(a) adopted June 13, 2017 
and submitted January 8, 2018, remove the provisions establishing 
PM2.5 significant impact levels. The EPA previously 
disapproved the provisions at OAC 252:100-8-35(a)(2) on October 28, 
2016. See 81 FR 74921. The deletion of these provisions from the State 
regulations is consistent with Federal PSD requirements at 40 CFR 
51.166(k)(2) and addresses our disapproval. As such, the EPA will 
remove the disapproval at 40 CFR 52.1922(b)(4).
     The revisions to OAC 252:100-8-35(b) adopted June 18, 2018 
and submitted December 19, 2018, remove the incorporation by reference 
date of the EPA's Guideline on Air Quality Models at 40 CFR part 51, 
appendix W. This revision is necessary to update the Oklahoma PSD SIP 
to use the current version of the EPA's Guideline on Air Quality 
Modeling, consistent with Federal PSD requirements at 40 CFR 51.166(l). 
The removal of the IBR date in OAC 252:100-8-35(b) works with the 
updated incorporation by reference dates submitted in OAC 252:100, 
Subchapter 2 and Appendix Q. As the EPA makes updates to appendix W, 
the ODEQ will update the Oklahoma SIP IBR dates in OAC 252:100, 
Subchapter 2 and Appendix Q, thereby ensuring the Oklahoma PSD program 
will be updated in the future.
     The revisions to OAC 252:100-8-35(c) adopted June 18, 2018 
and submitted December 19, 2018, remove the incorporation by reference 
date of the EPA's 40 CFR part 58, appendix B. The removal of this date 
ensures the Oklahoma SIP can use the latest version of 40 CFR part 58, 
appendix B, consistent with the Federal PSD permitting requirements at 
40 CFR 51.166(m)(3).
    The EPA has determined it is appropriate to approve the revisions 
to the Oklahoma PSD program submitted January 8 and December 19, 2018, 
as discussed above because these revisions maintain consistency with 
Federal requirements and will not interfere with any applicable 
requirement concerning attainment and reasonable further progress or 
any other applicable CAA requirements.

NNSR Updates

    The State of Oklahoma submitted revisions to the NNSR Program on 
January 8, 2018 that were adopted on June 13, 2017 at OAC 252:100-8-
51.1, Emissions reductions and offsets. The submitted revisions update 
the incorporation by reference date of 40 CFR 51.165(a)(11) to April 6, 
2015, consistent with the effective date of the

[[Page 66106]]

revisions promulgated by the EPA on March 6, 2015 to address the NNSR 
permitting requirements for the 2008 ozone standard. See 80 FR 12264. 
The March 6, 2015, final rule specifies that emission offsets for NNSR 
permitting must be for the same regulated pollutant; states have the 
discretion to allow interprecursor trading for either ozone or direct 
PM2.5 emissions only if this discretion is identified in the 
SIP. The State of Oklahoma is attainment for both ozone and 
PM2.5; there is no requirement for the Oklahoma SIP to 
include an NNSR program for either ozone or PM2.5, or to 
identify whether the State will exercise its discretionary authority to 
allow interprecursor trading to satisfy emission offset requirements. 
We can propose approval of the revisions to OAC 252:100-8-51.1 because 
the State has incorporated by reference Federal permitting 
requirements. However, if the State of Oklahoma is designated 
nonattainment for ozone or PM2.5 at any time in the future, 
a subsequent SIP revision would be necessary to provide for 
interprecursor trading for emission offsets.

PSD Public Notice Updates

    On June 15, 2006, the State of Oklahoma adopted, and submitted on 
July 26, 2010, a new provision for PSD Public Notice at OAC 252:100-8-
36.1. This section relies on the separate authorities found at OAC 
252:4 and 27A Oklahoma Statutes (O.S.) 2-5-112 and 27A O.S. 2-14-101 to 
2-14-304 to satisfy the Federal public notice requirements for PSD 
permit applications. On May 16, 2018, the State of Oklahoma submitted a 
revision to the Oklahoma SIP that included revisions to OAC 252:4, 
updated versions of the Oklahoma Statutes, and a clarification letter 
dated May 16, 2018 regarding PSD public notice requirements. The EPA's 
evaluation of how these regulations and statutes satisfy PSD public 
notice requirements is summarized below. The full analysis is contained 
in the TSD for this action.
     40 CFR 51.166(q)(1) requires that the permitting authority 
will notify all applicants within a specified time period as to the 
completeness of the application or any deficiency in the application. 
The Oklahoma SIP satisfies 40 CFR 51.166(q)(1) through OAC 252:4-7-7, 
which requires the ODEQ to complete an administrative completeness 
review within 60 calendar days from receipt of the permit application. 
If the application is deemed incomplete, then the applicant is notified 
by mail of the deficiencies and supplemental information is requested. 
The EPA SIP-approved OAC 252:4-7-7 on May 15, 2017. See 82 FR 22281.
     40 CFR 51.166(q)(2)(i) requires that within one year after 
receipt of a complete application, the reviewing authority will make a 
preliminary determination whether construction should be approved, 
approved with conditions, or disapproved. The Oklahoma SIP satisfies 40 
CFR 51.166(q)(2)(i) through OAC 252:4-7-31, which requires that 
construction permits for PSD sources be reviewed and issued or denied 
within 365 days. Construction permits generally cover new PSD sources 
and modifications to existing PSD sources. The EPA SIP-approved OAC 
252:4-7-31 on May 15, 2017. See 82 FR 22281.
     40 CFR 51.166(q)(2)(ii) requires that within one year 
after receipt of a complete application, the reviewing authority will 
make available in at least one location in each region in which the 
proposed source is proposed to be constructed a copy of all materials 
the applicant submitted, a copy of the preliminary determination, and 
any other materials considered in making the preliminary determination. 
The Oklahoma SIP satisfies 40 CFR 51.66(q)(2)(ii) through the May 16, 
2018 clarification letter, the application of 27A O.S. 2-14-302(A), 
302(B), and the definition of ``Record'' at 51 O.S. 24A.3 and OAC 
252:4-1-5. Under the definition of ``Record'' at 51 O.S. 24A.3, any 
materials provided to the ODEQ during the permit application process 
would be considered part of the permit record in the State of Oklahoma. 
Section OAC 252:4-1-5 requires the permit record to be available for 
public inspection and copying at the ODEQ offices. The ODEQ confirmed 
this through the May 16, 2018, clarification letter in which they state 
``All applications, including all materials, updates, modeling files, 
etc. that are submitted with the application or in support/
clarification of the application, are considered part of the 
application, and, along with the Department's draft permit decision and 
analysis, are available for public review in the Department's main 
Oklahoma City office (and/or Tulsa office) (regardless of Tier).'' In 
addition, 27A O.S. 2-14-302(B) (applicable to Tier II and Tier III 
applications, per 27A O.S. 2-14-302(A)) requires the applicant upon 
publication of notice of a draft permit, to make the draft permit and 
the application available for public review at a location in the county 
where the proposed new site or existing facility is located.
     40 CFR 51.166(q)(2)(iii) requires that within one year of 
receipt of a complete application, the reviewing authority will provide 
public notice in a newspaper of general circulation in each region in 
which the proposed source would be constructed of the application, the 
preliminary determination, the expected degree of increment consumption 
and the opportunity for comment at a public hearing as well as written 
comments. The Oklahoma SIP satisfies 40 CFR 51.166(q)(2)(iii) through 
the May 16, 2018 clarification letter, the submitted revisions to OAC 
252:4-7-13(g)(5) and the application of 27A O.S. 2-14-301 and 2-14-302. 
The Oklahoma SIP relies on newspaper notice for the consistent method 
of noticing under the Federal PSD requirements. 27A O.S. 2-14-301 
requires that a permit applicant publish notice of filing in a local 
newspaper. 27A O.S. 2-14-302 requires that the public notice of the 
draft permit be provided by the applicant in a local newspaper; notice 
of a draft denial will be provided by the ODEQ in a local newspaper. 
The notice of the draft permit or denial will provide 30 days for 
public comment and the opportunity to request a public meeting. The 
revisions to OAC 252:4-7-13(g)(5) require that all published notices 
for a PSD permit application must include the expected degree of 
increment consumption.
     40 CFR 51.166(q)(2)(iv) requires that within one year of 
receipt of a complete application, the reviewing authority will send a 
copy of the notice of public comment to the applicant, the EPA 
Administrator, and to officials and agencies having cognizance over the 
location where the proposed construction would occur. The Oklahoma SIP 
satisfies 40 CFR 51.166(q)(2)(iv) through the May 16, 2018 
clarification letter, the submitted revisions to OAC 252:4-7-13(g) and 
the application of 27A O.S. 2-14-302. 27A O.S. 2-14-302 requires public 
notice of the draft permit or denial through the local newspaper. OAC 
252:4-7-13(g)(1) requires that permit applicants give notice to 
individuals on a mailing list maintained by the ODEQ. The revisions to 
OAC 252:4-7-13(g)(5) specify that the mailing list for PSD permit 
applicants must include the applicant; the EPA Administrator; chief 
executives of the city and county where the source would be located; 
any comprehensive regional land use planning agency; and any State, 
Federal Land Manager or Tribal Government whose lands may be affected 
by emissions from the source or modifications.
     40 CFR 51.166(q)(2)(v) requires that within one year from 
receipt of a complete application, the reviewing authority must provide 
opportunity for

[[Page 66107]]

a public hearing for interested persons to appear and submit written or 
oral comments. The Oklahoma SIP satisfies 40 CFR 51.166(q)(2)(v) 
through the May 16, 2018 clarification letter and the application of 
27A O.S. 2-14-302 and 27A O.S. 2-14-303. 27A O.S. 2-14-302 requires 
that a public notice include a 30-day public comment period and the 
opportunity to request a formal public meeting. 27A O.S. 2-14-303 
provides the rules the ODEQ will follow if a formal meeting is 
requested.
     40 CFR 51.166(q)(2)(vi) requires that within one year from 
receipt of a complete application, the reviewing authority will 
consider all comments, both written and oral, and make all comments 
available for public inspection. The Oklahoma SIP satisfies 40 CFR 
51.166(q)(2)(vi) through the May 16, 2018 clarification letter, the 
definition of ``response to comments'' at 27A O.S. 2-14-103, the 
application of 27A O.S. 2-14-304, the definition of ``Record'' at 51 
O.S. 24A.3, and OAC 252:4-1-5. Through the definition of ``record'', 
any comments submitted either written or oral, would be considered part 
of the ODEQ's permitting record and pursuant to OAC 252:4-1-5, must be 
available at the ODEQ offices. The ODEQ is required to prepare a 
response to comments document consistent with the definition at 27A 
O.S. 2-14-103 and the requirements at 27A O.S. 2-14-304.
     40 CFR 51.166(q)(2)(vii) requires that within one year 
from receipt of a complete application, the reviewing authority will 
make a final determination on the permit application. The Oklahoma SIP 
satisfies 40 CFR 51.166(q)(2)(vii) through OAC 252:4-7-31 which 
requires that construction permits for PSD sources be reviewed and 
issued or denied within 365 days. This would apply to a new PSD source 
or modification to an existing PSD source. EPA SIP-approved OAC 252:4-
7-31 on May 15, 2017. See 82 FR 22281.
     40 CFR 51.166(q)(2)(viii) requires that within one year 
from receipt of a complete application, the reviewing authority will 
notify the applicant in writing of the final determination and make the 
notification available for public inspection. The Oklahoma SIP 
satisfies 40 CFR 51.166(q)(2)(viii) through the May 16, 2018 
clarification letter, the submitted revisions to OAC 252:4-7-20(c), the 
requirements at OAC 252:4-7-31, the application of 27A O.S. 2-14-304, 
27A O.S. 2-14-304(C)(2), 27A O.S. 2-14-304(F), and the definition of 
``Record'' at 51 O.S. 24A.3. OAC 252:4-7-31 requires that PSD 
construction permits will be issued or denied within one year from 
receipt of a complete application. The EPA SIP-approved the 
requirements at OAC 252:4-7-31 on November 26, 2010. See 75 FR 72695. 
27A O.S. 2-14-304 requires the ODEQ to give notice of the final permit 
decision to the applicant. The new requirements at OAC 252:4-7-20(c) 
identify the elements of the permit administrative record that must be 
prepared by the ODEQ, including the final permit. In addition, OAC 
252:4-1-5 requires the record to be available for public inspection at 
the ODEQ offices.
    The EPA has also determined we need to approve portions of the 
submitted Oklahoma statutes into the Oklahoma SIP because they provide 
unique authorities not provided elsewhere through Oklahoma regulation. 
Specifically, the following statutory provisions are necessary for the 
Oklahoma SIP to satisfy the PSD public notice requirements:
     Definitions of ``Process Meeting'' and ``Response to 
Comments'' at 27A O.S. 2-14-103 added July 1, 1994, and last modified 
and effective November 1, 2015;
     The provisions for notification to an affected state at 
27A O.S. 2-5-112(E) added May 15, 1992, and last modified and effective 
June 3, 2004;
     27A O.S. 2-14-301, 2-14-302, and 2-14-303 added and in 
effect July 1, 1996;
     27A O.S. 2-14-304 added July 1, 1996, and last modified 
and effective May 9, 2002;
     Definition of ``Record'' at 51 O.S. 24A.3, added November 
1, 1985, and last modified and effective November 1, 2014;
     The requirement to maintain, and the description of the 
contents of, the rulemaking record at 75 O.S. 302(B) promulgated in 
1963 and last modified and effective November 1, 1998;
     The process for adoption, amendment or revocation of a 
rule at 75 O.S. 303 promulgated in 1963 and last modified and affective 
November 1, 2013; and
     Definition of ``Meeting'' at 25 O.S. 304(2) added October 
1, 1977, and last modified and effective in 2010.
    The EPA has determined it is appropriate to approve the above 
identified statutory provisions and regulatory revisions into the 
Oklahoma SIP because these revisions maintain consistency with Federal 
requirements for PSD public notice and will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress or any other applicable CAA requirements.

III. Proposed Action

    We are proposing to approve under section 110 of the CAA, revisions 
to the Oklahoma SIP that revise the incorporation by reference dates 
for Federal requirements and update the NSR PSD and NNSR permitting 
programs to maintain consistency with Federal requirements. We have 
determined that the revisions submitted on May 16, 1994; July 26, 2010; 
January 8, 2018; May 16, 2018; and December 19, 2018, as clarified by 
letter dated May 16, 2018, were developed in accordance with the CAA 
and EPA's regulations, policy, and guidance for SIP development and NSR 
permitting. The EPA proposes approval of the following as revisions to 
the Oklahoma SIP:
     Removal of Regulation 3.8, adopted on March 30, 1994, 
submitted May 16, 1994;
     New OAC 252:100-8-36.1, Public Participation, adopted on 
April 28, 2006, effective on June 15, 2006, submitted July 16, 2010;
     Submitted on January 8, 2018:
    [cir] Revisions to OAC 252:100-1-3, Definitions, adopted on June 
13, 2017 and effective September 15, 2017;
    [cir] Revisions to OAC 252:100-2-3 and Appendix Q for Incorporation 
by Reference, adopted on June 13, 2017 and effective September 15, 
2017;
    [cir] Revisions to OAC 252:100-8-31, Definitions, adopted on June 
13, 2017 and effective September 15, 2017;
    [cir] Revisions to OAC 252:100-8-33, Exemptions, adopted on June 
13, 2017 and effective September 15, 2017;
    [cir] Revisions to OAC 252:100-8-35, Air quality impact evaluation, 
adopted on June 13, 2017 and effective September 15, 2017; and
    [cir] Revisions to OAC 252:100-8-51.1, Emissions reductions and 
offsets, adopted on June 13, 2017 and effective September 15, 2017.
     Submitted on May 16, 2018:
    [cir] Revisions to OAC 252:4-1-2, Definitions, adopted on June 9, 
2016, effective September 15, 2016;
    [cir] Revisions to OAC 252:4-1-3, Organization, adopted on April 
25, 2013, effective July 1, 2013, and revisions adopted on June 9, 
2016, effective September 15, 2016;
    [cir] Revisions to OAC 252:4-1-5, Availability of a record, adopted 
on May 6, 2005, effective June 15, 2005, and revisions adopted on April 
25, 2013, effective July 1, 2013;
    [cir] Revisions to OAC 252:4-1-6, Administrative fees, adopted on 
May 6, 2005, effective June 15, 2005;
    [cir] Revisions to OAC 252:4-3-1, Meetings, adopted on March 27, 
2007, effective June 15, 2007;

[[Page 66108]]

    [cir] Revisions to OAC 252:4-7-5, Fees and fee refunds, adopted on 
June 13, 2017, effective September 15, 2017;
    [cir] Revisions to OAC 252:4-7-13, Notices, adopted on March 25, 
2003, effective June 1, 2003, except for OAC 252:4-7-13(g)(4), and 
revisions adopted April 25, 2013, effective July 1, 2013;
    [cir] Revisions to OAC 252:4-7-15, Permit issuance or denial, 
adopted on May 28, 2002, effective June 1, 2002, and revisions adopted 
April 25, 2013, effective July 1, 2013;
    [cir] Revisions to OAC 252:4-7-18, Pre-issuance permit review and 
correction, adopted April 25, 2013, effective July 1, 2013;
    [cir] New OAC 252:4-7-20, Agency review of final permit decision, 
adopted April 25, 2013, effective July 1, 2013;
    [cir] Revisions to OAC 252:4-7-32, Air quality applications -Tier 
I, adopted March 25, 2003, effective June 1, 2003;
    [cir] Revisions to OAC 252:4-7-33, Air quality applications--Tier 
II, adopted March 25, 2003, effective June 1, 2003, except for OAC 
252:4-7-33(c)(4);
    [cir] Revisions to OAC 252:4-9-32, Individual proceedings filed by 
others, as adopted on May 1, 2009, effective July 1, 2009 and revisions 
adopted April 25, 2013, effective July 1, 2013;
    [cir] Revisions to OAC 252:4-9-51, In general, adopted on March 24, 
2004, effective June 1, 2004;
    [cir] Revisions to OAC 252:4-9-52, Individual proceedings, adopted 
on March 24, 2004, effective June 1, 2004;
    [cir] New OAC 252:4-17, Electronic Reporting, sections OAC 252:4-
17-1--OAC 252:4-17-7, adopted April 27, 2007, effective June 15, 2017;
    [cir] Revisions to OAC 252:4-17-2, Definitions, adopted June 9, 
2016, effective September 15, 2016;
    [cir] Revisions to OAC 252:4-17-4, Electronic signature agreement, 
adopted June 9, 2016, effective September 15, 2016;
    [cir] Letter to Ms. Anne Idsal, Regional Administrator, EPA Region 
6, dated May 16, 2018 regarding ``Clarification of PSD Public 
Participation Procedures under 2017 Revisions to the Oklahoma State 
Implementation Plan (SIP)'';
    [cir] Definitions of ``Process Meeting'' and ``Response to 
Comments'' at 27A O.S. 2-14-103 added July 1, 1994, and last modified 
and effective November 1, 2015;
    [cir] The provisions for notification to an affected state at 27A 
O.S. 2-5-112(E) added May 15, 1992, and last modified and effective 
June 3, 2004;
    [cir] 27A O.S. 2-14-301, 2-14-302, and 2-14-303 added and in effect 
July 1, 1996;
    [cir] 27A O.S. 2-14-304 added July 1, 1996, and last modified and 
effective May 9, 2002;
    [cir] Definition of ``Record'' at 51 O.S. 24A.3, added November 1, 
1985, and last modified and effective November 1, 2014;
    [cir] The requirement to maintain, and the description of the 
contents of, the rulemaking record at 75 O.S. 302(B) promulgated in 
1963 and last modified and effective November 1, 1998;
    [cir] The process for adoption, amendment or revocation of a rule 
at 75 O.S. 303 promulgated in 1963 and last modified and affective 
November 1, 2013; and
    [cir] Definition of ``Meeting'' at 25 O.S. 304(2) added October 1, 
1977, and last modified and effective in 2010.
     Submitted December 19, 2018:
    [cir] Revisions to OAC 252:100-2-3 and Appendix Q adopted on June 
18, 2018 and effective September 15, 2018; and
    [cir] Revisions to OAC 252:100-8-35, Air quality impact evaluation, 
adopted on June 18, 2018 and effective September 15, 2018.
    The EPA is proposing that the provisions in OAC 252:4-1-1, 4-1-2, 
4-1-3, 4-1-4, 4-1-5, 4-1-6, 4-1-7, 4-1-8, and 4-1-9, and OAC 252:100-5-
1, 5-1.1 and 5-2.2 are applicable to the entirety of the Oklahoma SIP 
and the amendatory language table at 40 CFR 52.1920(c) should be 
modified to reflect this finding. Additionally, the EPA proposes to 
remove the disapprovals listed in 40 CFR 52.1922(b)(2), (3), and (4) 
and (c), because the State has submitted appropriate revisions to the 
SIP to correct the disapprovals.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference revisions to the Oklahoma regulations and statutes as 
described in the Proposed Action section above. We have made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and in hard copy at the EPA Region 6 office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 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 CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 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 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).

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 
proposed 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,

[[Page 66109]]

Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: November 21, 2019.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2019-25954 Filed 12-2-19; 8:45 am]
 BILLING CODE 6560-50-P


