[Federal Register Volume 87, Number 139 (Thursday, July 21, 2022)]
[Rules and Regulations]
[Pages 43412-43420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15517]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[EPA-R06-OAR-2020-0086; FRL-8847-02-R6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Oklahoma Department of Environmental Quality (ODEQ) has 
submitted updated regulations for receiving delegation and approval of 
its program for the implementation and enforcement of certain National 
Emission Standards for Hazardous Air Pollutants (NESHAP) for all 
sources (both part 70 and non-part 70 sources), as provided for under 
previously approved delegation mechanisms. The updated state 
regulations incorporate by reference certain NESHAP promulgated by the 
Environmental Protection Agency (EPA) at parts 61 and 63, as they 
existed through June 30, 2019. The EPA is providing notice that it is 
taking final action to approve the delegation of certain NESHAP to 
ODEQ. The proposed delegation of authority under this action applies to 
sources located in certain areas of Indian country as discussed herein.

DATES: This rule is effective on August 22, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2020-0086. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1201 Elm Street, Suite 500, Dallas, 
Texas 75270.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett, EPA Region 6 Office, 
ARPE, (214) 665-7227; [email protected].

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

Table of Contents

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

I. Background

    The background for this action is discussed in detail in our August 
30, 2021, proposal (86 FR 48363). In that document we proposed to 
approve a request from the Oklahoma Department of Environmental Quality 
(ODEQ) to update its existing NESHAP regulations for receiving 
delegation and approval of its program for the implementation and 
enforcement of certain National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for all sources (both part 70 and non-part 70 
sources), as provided for under previously approved delegation 
mechanisms. We received one citizen public comment and one anonymous 
public comment on the proposed rulemaking action. The comments are 
posted to the docket (EPA-R06-OAR-2020-0086). These two comments are 
considered positive and within the scope of this specific rulemaking 
action. We thank the two commenters for their input and acknowledge 
their participation in the process. Since these comments are not 
adverse to the specific action which EPA proposed, the EPA will not be 
responding further to these comments or making any changes to our 
proposed rulemaking.

II. What does this action do?

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

III. What is the authority for delegation?

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

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

    Section 112(l)(5) of the CAA requires the EPA to disapprove any 
program submitted by a State for the delegation of NESHAP standards if 
the EPA determines that:
    (A) the authorities contained in the program are not adequate to 
assure compliance by the sources within the State with respect to each 
applicable standard, regulation, or requirement established under 
section 112;
    (B) adequate authority does not exist, or adequate resources are 
not available, to implement the program;
    (C) the schedule for implementing the program and assuring 
compliance by affected sources is not sufficiently expeditious; or
    (D) the program is otherwise not in compliance with the guidance 
issued by the EPA under section 112(l)(2) or is not likely to satisfy, 
in whole or in part, the objectives of the CAA.

[[Page 43413]]

    In carrying out its responsibilities under section 112(l), the EPA 
promulgated regulations at 40 CFR part 63, subpart E setting forth 
criteria for the approval of submitted programs. For example, in order 
to obtain approval of a program to implement and enforce Federal 
section 112 rules as promulgated without changes (straight delegation) 
for part 70 sources, a State must demonstrate that it meets the 
criteria of 40 CFR 63.91(d). 40 CFR 63.91(d)(3) provides that interim 
or final Title V program approval will satisfy the criteria of 40 CFR 
63.91(d).\1\ The NESHAP delegation for Oklahoma, as it applies to both 
part 70 and non-part 70 sources, was most recently approved on October 
22, 2018 (83 FR 53183).
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    \1\ Some NESHAP standards do not require a source to obtain a 
title V permit (e.g., certain area sources that are exempt from the 
requirement to obtain a title V permit). For these non-title V 
sources, the EPA believes that the State must assure the EPA that it 
can implement and enforce the NESHAP for such sources. See 65 FR 
55810, 55813 (Sept. 14, 2000). EPA previously approved Oklahoma's 
program to implement and enforce the NESHAP as they apply to non-
part 70 sources. See 66 FR 1584 (Jan. 9, 2001).
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V. How did ODEQ meet the NESHAP program approval criteria?

    As to the NESHAP standards in 40 CFR parts 61 and 63, as part of 
its Title V submission ODEQ stated that it intended to use the 
mechanism of incorporation by reference to adopt unchanged Federal 
section 112 into its regulations. This commitment applied to both 
existing and future standards as they applied to part 70 sources. The 
EPA's final interim approval of Oklahoma's Title V operating permits 
program delegated the authority to implement certain NESHAP, effective 
March 6, 1996 (61 FR 4220, February 5, 1996). On December 5, 2001, the 
EPA promulgated full approval of the State's operating permits program, 
effective November 30, 2001 (66 FR 63170). These interim and full Title 
V program approvals satisfy the up-front approval criteria of 40 CFR 
63.91(d). Under 40 CFR 63.91(d)(2), once a State has satisfied up-front 
approval criteria, it needs only to reference the previous 
demonstration and reaffirm that it still meets the criteria for any 
subsequent submittals for delegation of the section 112 standards. ODEQ 
has affirmed that it still meets the up-front approval criteria. With 
respect to non-part 70 sources, the EPA has previously approved 
delegation of NESHAP authorities to ODEQ after finding adequate 
authorities to implement and enforce the NESHAP for such sources. See 
66 FR 1584 (January 9, 2001).

VI. What is being delegated?

    By letter dated December 23, 2019, ODEQ requested the EPA to update 
its existing NESHAP delegation. With certain exceptions noted in 
section VII of this document, Oklahoma's request included NESHAP in 40 
CFR part 61 and 40 CFR part 63. ODEQ's request included newly 
incorporated NESHAP promulgated by the EPA and amendments to existing 
standards currently delegated, as amended between September 1, 2016, 
and June 30, 2018, as adopted by the State.
    More recently, by letter dated March 23, 2021, the EPA received a 
request from ODEQ to update its existing NESHAP delegation. With 
certain exceptions noted in section VII of this document, ODEQ's 
request includes certain NESHAP in 40 CFR parts 61 and 63. ODEQ's 
request included newly incorporated NESHAP promulgated by the EPA and 
amendments to existing standards currently delegated, as amended 
between June 30, 2018, and June 30, 2019, as adopted by the State.

VII. What is not being delegated?

    All authorities not affirmatively and expressly delegated by this 
action are not delegated. These include the following part 61 
authorities listed below:
     40 CFR part 61, subpart B (National Emission Standards for 
Radon Emissions from Underground Uranium Mines);
     40 CFR part 61, subpart H (National Emission Standards for 
Emissions of Radionuclides Other Than Radon From Department of Energy 
Facilities);
     40 CFR part 61, subpart I (National Emission Standards for 
Radionuclide Emissions from Federal Facilities Other Than Nuclear 
Regulatory Commission Licensees and Not Covered by Subpart H);
     40 CFR part 61, subpart K (National Emission Standards for 
Radionuclide Emissions from Elemental Phosphorus Plants);
     40 CFR part 61, subpart Q (National Emission Standards for 
Radon Emissions from Department of Energy facilities);
     40 CFR part 61, subpart R (National Emission Standards for 
Radon Emissions from Phosphogypsum Stacks);
     40 CFR part 61, subpart T (National Emission Standards for 
Radon Emissions from the Disposal of Uranium Mill Tailings); and
     40 CFR part 61, subpart W (National Emission Standards for 
Radon Emissions from Operating Mill Tailings).
    In addition, the EPA regulations provide that we cannot delegate to 
a State any of the Category II Subpart A authorities set forth in 40 
CFR 63.91(g)(2). These include the following provisions: Sec.  63.6(g), 
Approval of Alternative Non-Opacity Standards; Sec.  63.6(h)(9), 
Approval of Alternative Opacity Standards; Sec.  63.7(e)(2)(ii) and 
(f), Approval of Major Alternatives to Test Methods; Sec.  63.8(f), 
Approval of Major Alternatives to Monitoring; and Sec.  63.10(f), 
Approval of Major Alternatives to Recordkeeping and Reporting. Also, 
some part 61 and part 63 standards have certain provisions that cannot 
be delegated to the States. Furthermore, no authorities are delegated 
that require rulemaking in the Federal Register to implement, or where 
Federal overview is the only way to ensure national consistency in the 
application of the standards or requirements of CAA section 112. 
Finally, this action does not delegate any authority under section 
112(r), the accidental release program.
    All inquiries and requests concerning implementation and 
enforcement of the excluded standards in the State of Oklahoma should 
be directed to the EPA Region 6 Office.
    The EPA is making a determination that the NESHAP program submitted 
by Oklahoma meets the applicable requirements of CAA section 112(l)(5) 
and 40 CFR part 63, subpart E.

VIII. How will statutory and regulatory interpretations be made?

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

IX. What authority does the EPA have?

    We retain the right, as provided by CAA section 112(l)(7) and 40 
CFR 63.90(d)(2), to enforce any applicable emission standard or 
requirement under section 112. In addition, the EPA may enforce any 
federally approved State rule, requirement, or program under 40 CFR 
63.90(e) and 63.91(c)(1)(i). The EPA also has the authority to make 
certain decisions under the General Provisions (subpart A) of parts 61 
and 63. We are delegating to the ODEQ some of these authorities, and 
retaining others, as explained in sections VI and VII above. In 
addition, the EPA may review and disapprove State determinations and 
subsequently require corrections. See 40 CFR 63.91(g)(1)(ii). The EPA 
also has

[[Page 43414]]

the authority to review ODEQ's implementation and enforcement of 
approved rules or programs and to withdraw approval if we find 
inadequate implementation or enforcement. See 40 CFR 63.96.
    Furthermore, we retain any authority in an individual emission 
standard that may not be delegated according to provisions of the 
standard. Also, listed in footnote 2 of the part 63 delegation table at 
the end of this rule are the authorities that cannot be delegated to 
any State or local agency which we therefore retain.
    Finally, we retain the authorities stated in the original 
delegation agreement. See ``Provisions for the Implementation and 
Enforcement of NSPS and NESHAP in Oklahoma,'' effective March 25, 1982, 
a copy of which is included in the docket for this action. A table of 
currently delegated NESHAP standards and the final updated NESHAP 
delegation may be found in the Technical Support Document (TSD) 
included in the docket for this action. The table also shows the 
authorities that cannot be delegated to any state or local agency.

X. What information must ODEQ provide to the EPA?

    ODEQ must provide any additional compliance related information to 
EPA, Region 6, Office of Enforcement and Compliance Assurance within 45 
days of a request under 40 CFR 63.96(a). In receiving delegation for 
specific General Provisions authorities, ODEQ must submit to EPA Region 
6 on a semi-annual basis, copies of determinations issued under these 
authorities. See 40 CFR 63.91(g)(1)(ii). For part 63 standards, these 
determinations include: Sec.  63.1, Applicability Determinations; Sec.  
63.6(e), Operation and Maintenance Requirements--Responsibility for 
Determining Compliance; Sec.  63.6(f), Compliance with Non-Opacity 
Standards--Responsibility for Determining Compliance; Sec.  63.6(h), 
Compliance with Opacity and Visible Emissions Standards--Responsibility 
for Determining Compliance; Sec.  63.7(c)(2)(i) and (d), Approval of 
Site-Specific Test Plans; Sec.  63.7(e)(2)(i), Approval of Minor 
Alternatives to Test Methods; Sec.  63.7(e)(2)(ii) and (f), Approval of 
Intermediate Alternatives to Test Methods; Sec.  63.7(e)(iii), Approval 
of Shorter Sampling Times and Volumes When Necessitated by Process 
Variables or Other Factors; Sec.  63.7(e)(2)(iv), (h)(2) and (3), 
Waiver of Performance Testing; Sec.  63.8(c)(1) and (e)(1), Approval of 
Site-Specific Performance Evaluation (Monitoring) Test Plans; Sec.  
63.8(f), Approval of Minor Alternatives to Monitoring; Sec.  63.8(f), 
Approval of Intermediate Alternatives to Monitoring; Sec. Sec.  63.9 
and 63.10, Approval of Adjustments to Time Periods for Submitting 
Reports; Sec.  63.10(f), Approval of Minor Alternatives to 
Recordkeeping and Reporting; and Sec.  63.7(a)(4), Extension of 
Performance Test Deadline.

XI. What is the EPA's oversight role?

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

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

    For the delegated NESHAP standards and authorities covered by this 
action, sources would submit all of the information required pursuant 
to the general provisions and the relevant subpart(s) of the delegated 
NESHAP (40 CFR parts 61 and 63) directly to the ODEQ at the following 
address: State of Oklahoma, Department of Environmental Quality, Air 
Quality Division, P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677. 
The ODEQ is the primary point of contact with respect to delegated 
NESHAP. Sources do not need to send a copy to the EPA. The EPA Region 6 
waives the requirement that notifications and reports for delegated 
standards be submitted to the EPA in addition to ODEQ in accordance 
with 40 CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii).\2\ For those standards 
and authorities not delegated as discussed above, sources must continue 
to submit all appropriate information to the EPA.
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    \2\ This waiver only extends to the submission of copies of 
notifications and reports; the EPA does not waive the requirements 
in delegated standards that require notifications and reports be 
submitted to an electronic database (e.g., 40 CFR part 63, subpart 
HHHHHHH).
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XIII. How will unchanged authorities be delegated to ODEQ in the 
future?

    As stated in previous NESHAP delegation actions, the EPA has 
approved Oklahoma's mechanism of incorporation by reference of NESHAP 
standards into ODEQ regulations, as they apply to both part 70 and non-
part 70 sources. See, e.g., 61 FR 4224 (February 5, 1996) and 66 FR 
1584 (January 9, 2001). Consistent with the EPA regulations and 
guidance,\3\ ODEQ may request future updates to Oklahoma's NESHAP 
delegation by submitting a letter to the EPA that appropriately 
identifies the specific NESHAP which have been incorporated by 
reference into state regulations, reaffirms that it still meets up-
front approval delegation criteria for part 70 sources, and 
demonstrates that ODEQ maintains adequate authorities and resources to 
implement and enforce the delegated NESHAP requirements for all 
sources. We will respond in writing to the request stating that the 
request for delegation is either granted or denied. A Federal Register 
action will be published to inform the public and affected sources of 
the updated delegation, indicate where source notifications and reports 
should be sent, and amend the relevant portions of the Code of Federal 
Regulations identifying which NESHAP standards have been delegated to 
the ODEQ.
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    \3\ See Harardous Air Pollutants: Amendments to the Approval of 
State Programs and Delegation of Federal Authorities, Final Rule (65 
FR 55810, September 14, 2000); and ``Straight Delegation Issues 
Concerning Sections 111 and 112 Requirements and Title V,'' by John 
S. Seitz, Director of Air Qualirty Planning and Standards, EPA, 
dated December 10, 1993.
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XIV. Impact on Areas of Indian Country

    As stated in the proposed action, following the U.S. Supreme Court 
decision in McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), the Governor of 
the State of Oklahoma requested approval under Section 10211(a) of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act of 
2005: A Legacy for Users, Pubic Law 109-59, 119 Stat. 1144, 1937 
(August 10, 2005) (``SAFETEA''), to administer in certain areas of 
Indian country (as defined at 18 U.S.C. 1151) the State's environmental 
regulatory programs that were previously approved by the EPA outside of 
Indian country.\4\ The State's request excluded certain areas of Indian 
country further described below.
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    \4\ A copy of the Governor's July 22, 2020 request can be found 
in the docket for this final rulemaking.
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    On October 1, 2020, the EPA approved Oklahoma's SAFETEA request to 
administer all of the State's EPA-approved environmental regulatory 
programs, including the delegated portions of the NESHAP program, in 
the

[[Page 43415]]

requested areas of Indian country.\5\ As requested by Oklahoma, the 
EPA's approval under SAFETEA does not include Indian country lands, 
including rights-of-way running through the same, that: (1) qualify as 
Indian allotments, the Indian titles to which have not been 
extinguished, under 18 U.S.C. 1151(c); (2) are held in trust by the 
United States on behalf of an individual Indian or Tribe; or (3) are 
owned in fee by a Tribe, if the Tribe (a) acquired that fee title to 
such land, or an area that included such land, in accordance with a 
treaty with the United States to which such Tribe was a party, and (b) 
never allotted the land to a member or citizen of the Tribe 
(collectively ``excluded Indian country lands'').
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    \5\ A copy of EPA's October 1, 2020 approval can be found in the 
docket for this final rulemaking.
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    The EPA's approval under SAFETEA expressly provided that to the 
extent the EPA's prior approvals of Oklahoma's environmental programs 
excluded Indian country, any such exclusions are superseded for the 
geographic areas of Indian country covered by the EPA's approval of 
Oklahoma's SAFETEA request.\6\ The approval also provided that future 
revisions or amendments to Oklahoma's approved environmental regulatory 
programs would extend to the covered areas of Indian country (without 
any further need for additional requests under SAFETEA).
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    \6\ EPA's prior approvals relating to Oklahoma's NESHAP 
delegation frequently noted that the NESHAP delegation was not 
approved to apply in areas of Indian country located in the State. 
See, e.g., 83 FR 53183 (October 22, 2018). Such prior expressed 
limitations are superseded by the EPA's approval of Oklahoma's 
SAFETEA request.
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    As explained above, the EPA is approving an update to the Oklahoma 
NESHAP delegation. Consistent with the EPA's October 1, 2020 SAFETEA 
approval, Oklahoma's delegation of the NESHAP program will apply to all 
areas of Indian country within the State of Oklahoma, other than the 
excluded Indian country lands.\7\
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    \7\ On December 22, 2021, the EPA proposed to withdraw and 
reconsider the October 1, 2020 SAFETEA approval. See https://www.epa.gov/ok/proposed-withdrawal-and-reconsideration-and-supporting-information. The EPA expects to have further discussions 
with tribal governments and the State of Oklahoma as part of this 
reconsideration. The EPA also notes that the October 1, 2020 
approval is the subject of a pending challenge in federal court. 
Pawnee Nation of Oklahoma v. Regan, No. 20-9635 (10th Cir.). The EPA 
may make further changes to the approved Oklahoma NESHAP delegation 
to reflect the outcome of the proposed withdrawal and 
reconsideration of the October 1, 2020 SAFETEA approval.
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XV. Final Action

    The EPA is taking final action to approve an update to the Oklahoma 
NESHAP delegation that would provide ODEQ with the authority to 
implement and enforce certain newly incorporated NESHAP promulgated by 
the EPA, and amendments to existing standards currently delegated, as 
they existed though June 30, 2019. This final delegation to ODEQ 
extends to sources and activities located in certain areas of Indian 
country, as explained in section XIV above.

XVI. Environmental Justice Considerations

    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.'' \8\ The EPA is 
providing additional analysis of environmental justice associated with 
this action for the purpose of providing information to the public, not 
as a basis of our final action.
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    \8\ https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
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    The EPA reviewed demographic data, which provides an assessment of 
individual demographic groups of the populations living within 
Oklahoma.\9\ The EPA then compared the data to the national average for 
each of the demographic groups.\10\ The results of the demographic 
analysis indicate that, for populations within Oklahoma, the percent 
people of color (persons who reported their race as a category other 
than White alone (not Hispanic or Latino)) is less than the national 
average (35 percent versus 40 percent). Within people of color, the 
percent of the population that is Black or African American alone is 
lower than the national average (7.8 percent versus 13.4 percent) and 
the percent of the population that is American Indian/Alaska Native is 
significantly higher than the national average (9.4 percent versus 1.3 
percent). The percent of the population that is two or more races is 
higher than the national averages (6.3 percent versus 2.8 percent). The 
percent of people living below the poverty level in Oklahoma is higher 
than the national average (14.3 percent versus 11.4 percent). The 
percent of people over 25 with a high school diploma in Oklahoma is 
similar to the national average (88.6 percent versus 88.5 percent), 
while the percent with a bachelor's degree or higher is below the 
national average (26.1 percent versus 32.9 percent). These populations 
and others residing in Oklahoma may be vulnerable and subject to 
disproportionate impacts within the meaning of the executive order 
described above.
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    \9\ See the United States Census Bureau's QuickFacts on Oklahoma 
at https://www.census.gov/quickfacts/fact/table/OK,US/PST045221.
    \10\ See the United States Census Bureau's QuickFacts on 
Oklahoma at https://www.census.gov/quickfacts/fact/table/OK,US/PST045221.
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    The authorities contained in the Oklahoma air program to implement 
and enforce Federal section 112 rules as promulgated, without changes 
for both part 70 and non-part 70 sources, are adequate to assure 
compliance by sources within the State with respect to each applicable 
standard, regulation, or requirement established under section 112. 
This final action approves the requests from the state to update its 
NESHAP delegation under section 112 of the CAA. Final approval of the 
updated NESHAP delegation is necessary for the State of Oklahoma to 
implement federal requirements that ensure control strategies and 
permitting that will achieve emissions reductions and contribute to 
reduced environmental and health impacts on those residing, working, 
attending school, or otherwise present in vulnerable communities in 
Oklahoma. This final rule is not anticipated to have disproportionately 
high or adverse human health or environmental effects on communities 
with environmental justice concerns because it should not result in or 
contribute to emissions increases in Oklahoma.

XVII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator has the authority to approve 
section 112(l) submissions that comply with the provisions of the Act 
and applicable Federal regulations. In reviewing section 112(l) 
submissions, the EPA's role is to approve state choices,

[[Page 43416]]

provided that they meet the criteria and objectives of the CAA and of 
the EPA's implementing regulations. Accordingly, this final action 
merely approves the State's request as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this final action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (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 the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    This final action will apply to certain areas of Indian country as 
discussed above in section XIV, and therefore has tribal implications 
as specified in E.O. 13175 (65 FR 67249, November 9, 2000). However, 
this action will neither impose substantial direct compliance costs on 
federally recognized tribal governments, nor preempt tribal law. This 
action will not impose substantial direct compliance costs on federally 
recognized tribal governments because no actions will be required of 
tribal governments. This action will also not preempt tribal law as no 
Oklahoma tribe implements a regulatory program under the CAA, and thus 
does not have applicable or related tribal laws. Consistent with the 
EPA Policy on Consultation and Coordination with Indian Tribes (May 4, 
2011), on July 16, 2021, the EPA offered consultation to all 38 tribal 
governments whose lands are located within the exterior boundaries of 
the State of Oklahoma. One tribe requested consultation which was 
initiated on December 21, 2021, and concluded on July 6, 2022.
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 19, 2022. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 61

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

40 CFR Part 63

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

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

    Dated: July 15, 2022.
Dzung Ngo Kidd,
Acting Director, Air and Radiation Division, Region 6.

    For the reasons stated in the preamble, 40 CFR parts 61 and 63 are 
amended as follows:

PART 61--NATIONAL EMISSON STANDARDS FOR HAZARDOUS AIR POLLUTANTS

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

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

Subpart A--General Provisions

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


Sec.  61.04  Address.

* * * * *
    (b) * * *
    (38) State of Oklahoma, Oklahoma Department of Environmental 
Quality, Air Quality Division, P.O. Box 1677, Oklahoma City, OK 73101-
1677. For a list of delegated standards for Oklahoma see paragraph 
(c)(6) of this section.
* * * * *
    (c) * * *
    (6) * * *
    (iv) Oklahoma. The Oklahoma Department of Environmental Quality 
(ODED) has been delegated the following part 61 standards promulgated 
by EPA, as amended in the Federal Register through June 30, 2019. The 
(X) symbol is used to indicate each subpart that has been delegated.

   Delegation Status for National Emission Standards for Hazardous Air
 Pollutants (Part 61 Standards) for Oklahoma Department of Environmental
                                 Quality
     [Applies to sources located in certain areas of Indian Country]
------------------------------------------------------------------------
        Subpart                  Source category             ODEQ \1\
------------------------------------------------------------------------
A......................  General Provisions............               X
B......................  Radon Emissions From            ...............
                          Underground Uranium Mines.
C......................  Beryllium.....................               X
D......................  Beryllium Rocket Motor Firing.               X
E......................  Mercury.......................               X
F......................  Vinyl Chloride................               X

[[Page 43417]]

 
G......................  (Reserved)....................  ...............
H......................  Emissions of Radionuclides      ...............
                          Other Than Radon From
                          Department of Energy
                          Facilities.
I......................  Radionuclide Emissions From     ...............
                          Federal Facilities Other Than
                          Nuclear Regulatory Commission
                          Licensees and Not Covered by
                          Subpart H.
J......................  Equipment Leaks (Fugitive                    X
                          Emission Sources) of Benzene.
K......................  Radionuclide Emissions From     ...............
                          Elemental Phosphorus Plants.
L......................  Benzene Emissions From Coke By-              X
                          Product Recovery Plants.
M......................  Asbestos......................               X
N......................  Inorganic Arsenic Emissions                  X
                          From Glass Manufacturing
                          Plants.
O......................  Inorganic Arsenic Emissions                  X
                          From Primary Copper Smelters.
P......................  Inorganic Arsenic Emissions                  X
                          From Arsenic Trioxide and
                          Metallic Arsenic Production
                          Facilities.
Q......................  Radon Emissions From            ...............
                          Department of Energy
                          Facilities.
R......................  Radon Emissions From            ...............
                          Phosphogypsum Stacks.
S......................  (Reserved)....................  ...............
T......................  Radon Emissions From the        ...............
                          Disposal of Uranium Mill
                          Tailings.
U......................  (Reserved)....................  ...............
V......................  Equipment Leaks (Fugitives                   X
                          Emission Sources).
W......................  Radon Emissions From Operating  ...............
                          Mill Tailings.
X......................  (Reserved)....................  ...............
Y......................  Benzene Emissions From Benzene               X
                          Storage Vessels.
Z-AA...................  (Reserved)....................  ...............
BB.....................  Benzene Emissions From Benzene               X
                          Transfer Operations.
CC-EE..................  (Reserved)....................  ...............
FF.....................  Benzene Waste Operations......               X
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
  (ODEQ).

* * * * *

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

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

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

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

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


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (37) * * *
    (i) The following table lists the specific part 63 standards that 
have been delegated unchanged to the Oklahoma Department of 
Environmental Quality for all sources. The ``X'' symbol is used to 
indicate each subpart that has been delegated. The delegations are 
subject to all of the conditions and limitations set forth in Federal 
law, regulations, policy, guidance, and determinations. Some 
authorities cannot be delegated and are retained by EPA. These include 
certain General Provisions authorities and specific parts of some 
standards. Any amendments made to these rules after June 30, 2019, are 
not delegated.

       Delegation Status for Part 63 Standards--State of Oklahoma
     [Applies to sources located in certain areas of Indian Country]
------------------------------------------------------------------------
        Subpart                  Source category           ODEQ \1\ \2\
------------------------------------------------------------------------
A......................  General Provisions............               X
F......................  Hazardous Organic NESHAP                     X
                          (HON)--Synthetic Organic
                          Chemical Manufacturing
                          Industry (SOCMI).
G......................  HON--SOCMI Process Vents,                    X
                          Storage Vessels, Transfer
                          Operations and Wastewater.
H......................  HON--Equipment Leaks..........               X
I......................  HON--Certain Processes                       X
                          Negotiated Equipment Leak
                          Regulation.
J......................  Polyvinyl Chloride and                   (\3\)
                          Copolymers Production.
K......................  (Reserved)....................  ...............
L......................  Coke Oven Batteries...........               X
M......................  Perchloroethylene Dry Cleaning               X
N......................  Chromium Electroplating and                  X
                          Chromium Anodizing Tanks.
O......................  Ethylene Oxide Sterilizers....               X
P......................  (Reserved)....................  ...............
Q......................  Industrial Process Cooling                   X
                          Towers.
R......................  Gasoline Distribution.........               X
S......................  Pulp and Paper Industry.......               X
T......................  Halogenated Solvent Cleaning..               X
U......................  Group I Polymers and Resins...               X
V......................  (Reserved)....................  ...............
W......................  Epoxy Resins Production and                  X
                          Non-Nylon Polyamides
                          Production.

[[Page 43418]]

 
X......................  Secondary Lead Smelting.......               X
Y......................  Marine Tank Vessel Loading....               X
Z......................  (Reserved)....................  ...............
AA.....................  Phosphoric Acid Manufacturing                X
                          Plants.
BB.....................  Phosphate Fertilizers                        X
                          Production Plants.
CC.....................  Petroleum Refineries..........               X
DD.....................  Off-Site Waste and Recovery                  X
                          Operations.
EE.....................  Magnetic Tape Manufacturing...               X
FF.....................  (Reserved)....................  ...............
GG.....................  Aerospace Manufacturing and                  X
                          Rework Facilities.
HH.....................  Oil and Natural Gas Production               X
                          Facilities.
II.....................  Shipbuilding and Ship Repair                 X
                          Facilities.
JJ.....................  Wood Furniture Manufacturing                 X
                          Operations.
KK.....................  Printing and Publishing                      X
                          Industry.
LL.....................  Primary Aluminum Reduction                   X
                          Plants.
MM.....................  Chemical Recovery Combustion                 X
                          Sources at Kraft, Soda,
                          Sulfide, and Stand-Alone
                          Semichemical Pulp Mills.
NN.....................  Wool Fiberglass Manufacturing                X
                          at Area Sources.
OO.....................  Tanks-Level 1.................               X
PP.....................  Containers....................               X
QQ.....................  Surface Impoundments..........               X
RR.....................  Individual Drain Systems......               X
SS.....................  Closed Vent Systems, Control                 X
                          Devices, Recovery Devices and
                          Routing to a Fuel Gas System
                          or a Process.
TT.....................  Equipment Leaks--Control Level               X
                          1.
UU.....................  Equipment Leaks--Control Level               X
                          2 Standards.
VV.....................  Oil--Water Separators and                    X
                          Organic--Water Separators.
WW.....................  Storage Vessels (Tanks)--                    X
                          Control Level 2.
XX.....................  Ethylene Manufacturing Process               X
                          Units Heat Exchange Systems
                          and Waste Operations.
YY.....................  Generic Maximum Achievable                   X
                          Control Technology Standards.
ZZ-BBB.................  (Reserved)....................  ...............
CCC....................  Steel Pickling--HCI Process                  X
                          Facilities and Hydrochloric
                          Acid Regeneration.
DDD....................  Mineral Wool Production.......               X
EEE....................  Hazardous Waste Combustors....               X
FFF....................  (Reserved)....................  ...............
GGG....................  Pharmaceuticals Production....               X
HHH....................  Natural Gas Transmission and                 X
                          Storage Facilities.
III....................  Flexible Polyurethane Foam                   X
                          Production.
JJJ....................  Group IV Polymers and Resins..               X
KKK....................  (Reserved)....................  ...............
LLL....................  Portland Cement Manufacturing.               X
MMM....................  Pesticide Active Ingredient                  X
                          Production.
NNN....................  Wool Fiberglass Manufacturing.               X
OOO....................  Amino/Phenolic Resins.........               X
PPP....................  Polyether Polyols Production..               X
QQQ....................  Primary Copper Smelting.......               X
RRR....................  Secondary Aluminum Production.               X
SSS....................  (Reserved)....................  ...............
TTT....................  Primary Lead Smelting.........               X
UUU....................  Petroleum Refineries--                       X
                          Catalytic Cracking Units,
                          Catalytic Reforming Units and
                          Sulfur Recovery Plants.
VVV....................  Publicly Owned Treatment Works               X
                          (POTW).
WWW....................  (Reserved)....................  ...............
XXX....................  Ferroalloys Production:                      X
                          Ferromanganese and
                          Silicomanganese.
AAAA...................  Municipal Solid Waste                        X
                          Landfills.
CCCC...................  Nutritional Yeast                            X
                          Manufacturing.
DDDD...................  Plywood and Composite Wood               \4\ X
                          Products.
EEEE...................  Organic Liquids Distribution..               X
FFFF...................  Misc. Organic Chemical                       X
                          Production and Processes
                          (MON).
GGGG...................  Solvent Extraction for                       X
                          Vegetable Oil Production.
HHHH...................  Wet Formed Fiberglass Mat                    X
                          Production.
IIII...................  Auto & Light Duty Truck                      X
                          (Surface Coating).
JJJJ...................  Paper and other Web (Surface                 X
                          Coating).
KKKK...................  Metal Can (Surface Coating)...               X
MMMM...................  Misc. Metal Parts and Products               X
                          (Surface Coating).
NNNN...................  Surface Coating of Large                     X
                          Appliances.
OOOO...................  Fabric Printing Coating and                  X
                          Dyeing.
PPPP...................  Plastic Parts (Surface                       X
                          Coating).
QQQQ...................  Surface Coating of Wood                      X
                          Building Products.
RRRR...................  Surface Coating of Metal                     X
                          Furniture.
SSSS...................  Surface Coating for Metal Coil               X
TTTT...................  Leather Finishing Operations..               X
UUUU...................  Cellulose Production                         X
                          Manufacture.

[[Page 43419]]

 
VVVV...................  Boat Manufacturing............               X
WWWW...................  Reinforced Plastic Composites                X
                          Production.
XXXX...................  Tire Manufacturing............               X
YYYY...................  Combustion Turbines...........               X
ZZZZ...................  Reciprocating Internal                       X
                          Combustion Engines (RICE).
AAAAA..................  Lime Manufacturing Plants.....               X
BBBBB..................  Semiconductor Manufacturing...               X
CCCCC..................  Coke Ovens: Pushing, Quenching               X
                          and Battery Stacks.
DDDDD..................  Industrial/Commercial/                   \5\ X
                          Institutional Boilers and
                          Process Heaters Major Sources.
EEEEE..................  Iron Foundries................               X
FFFFF..................  Integrated Iron and Steel.....               X
GGGGG..................  Site Remediation..............               X
HHHHH..................  Miscellaneous Coating                        X
                          Manufacturing.
IIIII..................  Mercury Cell Chlor-Alkali                    X
                          Plants.
JJJJJ..................  Brick and Structural Clay                \6\ X
                          Products Manufacturing.
KKKKK..................  Clay Ceramics Manufacturing...           \6\ X
LLLLL..................  Asphalt Roofing and Processing               X
MMMMM..................  Flexible Polyurethane Foam                   X
                          Fabrication Operation.
NNNNN..................  Hydrochloric Acid Production,                X
                          Fumed Silica Production.
OOOOO..................  (Reserved)....................  ...............
PPPPP..................  Engine Test Facilities........               X
QQQQQ..................  Friction Products                            X
                          Manufacturing.
RRRRR..................  Taconite Iron Ore Processing..               X
SSSSS..................  Refractory Products                          X
                          Manufacture.
TTTTT..................  Primary Magnesium Refining....               X
UUUUU..................  Coal and Oil-Fired Electric              \7\ X
                          Utility Steam Generating
                          Units.
VVVVV..................  (Reserved)....................  ...............
WWWWW..................  Hospital Ethylene Oxide                      X
                          Sterilizers.
XXXXX..................  (Reserved)....................  ...............
YYYYY..................  Electric Arc Furnace                         X
                          Steelmaking Area Sources.
ZZZZZ..................  Iron and Steel Foundries Area                X
                          Sources.
AAAAAA.................  (Reserved)....................  ...............
BBBBBB.................  Gasoline Distribution Bulk                   X
                          Terminals, Bulk Plants, and
                          Pipeline Facilities.
CCCCCC.................  Gasoline Dispensing Facilities               X
DDDDDD.................  Polyvinyl Chloride and                       X
                          Copolymers Production Area
                          Sources.
EEEEEE.................  Primary Copper Smelting Area                 X
                          Sources.
FFFFFF.................  Secondary Copper Smelting Area               X
                          Sources.
GGGGGG.................  Primary Nonferrous Metals Area               X
                          Source: Zinc, Cadmium, and
                          Beryllium.
HHHHHH.................  Paint Stripping and                          X
                          Miscellaneous Surface Coating
                          Operations at Area Sources.
IIIIII.................  (Reserved)....................  ...............
JJJJJJ.................  Industrial, Commercial, and                  X
                          Institutional Boilers Area
                          Sources.
KKKKKK.................  (Reserved)....................  ...............
LLLLLL.................  Acrylic and Modacrylic Fibers                X
                          Production Area Sources.
MMMMMM.................  Carbon Black Production Area                 X
                          Sources.
NNNNNN.................  Chemical Manufacturing Area                  X
                          Sources: Chromium Compounds.
OOOOOO.................  Flexible Polyurethane Foam                   X
                          Production and Fabrication
                          Area Sources.
PPPPPP.................  Lead Acid Battery                            X
                          Manufacturing Area Sources.
QQQQQQ.................  Wood Preserving Area Sources..               X
RRRRRR.................  Clay Ceramics Manufacturing                  X
                          Area Sources.
SSSSSS.................  Glass Manufacturing Area                     X
                          Sources.
TTTTTT.................  Secondary Nonferrous Metals                  X
                          Processing Area Sources.
UUUUUU.................  (Reserved)....................  ...............
VVVVVV.................  Chemical Manufacturing Area                  X
                          Sources.
WWWWWW.................  Plating and Polishing                        X
                          Operations Area Sources.
XXXXXX.................  Metal Fabrication and                        X
                          Finishing Area Sources.
YYYYYY.................  Ferroalloys Production                       X
                          Facilities Area Sources.
ZZZZZZ.................  Aluminum, Copper, and Other                  X
                          Nonferrous Foundries Area
                          Sources.
AAAAAAA................  Asphalt Processing and Asphalt               X
                          Roofing Manufacturing Area
                          Sources.
BBBBBBB................  Chemical Preparation Industry                X
                          Area Sources.
CCCCCCC................  Paints and Allied Products                   X
                          Manufacturing Area Sources.
DDDDDDD................  Prepared Feeds Areas Sources..               X
EEEEEEE................  Gold Mine Ore Processing and                 X
                          Production Area Sources.
FFFFFFF-GGGGGGG........  (Reserved)....................  ...............
HHHHHHH................  Polyvinyl Chloride and                       X
                          Copolymers Production Major
                          Sources.
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
  (ODEQ).
\2\ Authorities which may not be delegated include: Sec.   63.6(g),
  Approval of Alternative Non-Opacity Emission Standards; Sec.
  63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
  63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test
  Methods; Sec.   63.8(f), Approval of Major Alternatives to Monitoring;
  Sec.   63.10(f), Approval of Major Alternatives to Recordkeeping and
  Reporting; and all authorities identified in the subparts (e.g., under
  ``Delegation of Authority'') that cannot be delegated.

[[Page 43420]]

 
\3\ The ODEQ has adopted this subpart unchanged and applied for
  delegation of the standard. The subpart was vacated and remanded to
  the EPA by the United States Court of Appeals for the District of
  Columbia Circuit. See, Mossville Environmental Action Network v. EPA,
  370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C. Court's holding,
  this subpart is not delegated to ODEQ at this time.
\4\ This subpart was issued a partial vacatur by the United States Court
  of Appeals for the District of Columbia Circuit. See 72 FR 61060
  (October 29, 2007).
\5\ Final rule. See 76 FR 15608 (March 21, 2011), as amended at 78 FR
  7138 (January 31, 2013); 80 FR 72807 (November 20, 2015).
\6\ Final promulgated rule adopted by the EPA. See 80 FR 65470 (October
  26, 2015). Part 63 Subpart KKKKK was amended to correct minor
  typographical errors at 80 FR 75817 (December 4, 2015).
\7\ Final Rule. See 77 FR 9304 (February 16, 2012), as amended 81 FR
  20172 (April 6, 2016). Final Supplemental Finding that it is
  appropriate and necessary to regulate HAP emissions from Coal- and Oil-
  fired EUSGU Units. See 81 FR 24420 (April 25, 2016).

* * * * *

[FR Doc. 2022-15517 Filed 7-20-22; 8:45 am]
BILLING CODE 6560-50-P


