[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Rules and Regulations]
[Pages 24918-24921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08438]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2021-0214; FRL-9407-02-R6]


Air Plan Approval; Oklahoma; Revisions to Air Pollution Control 
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving revisions to the 
State Implementation Plan (SIP) for Oklahoma, submitted to the EPA by 
the State of Oklahoma designee (``the State'') on February 9, 2021. The 
SIP revisions being approved address Open Burning, Control of Emission 
of Volatile Organic Compounds (VOC), and Specialty Coatings VOC Content 
Limits.

DATES: This rule is effective on May 25, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID EPA-R06-OAR-2021-0214. All documents in the docket are listed 
on the https://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. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For information on the revisions 
addressing open burning, please contact Ms. Carrie Paige, Region 6 
Office, Infrastructure and Ozone Section, 214-665-6521, 
[email protected]. For information on the revisions addressing 
emissions of VOC, please contact Mr. Emad Shahin, EPA Region 6 Office, 
Infrastructure and Ozone Section, 214-665-6717, [email protected]. 
Out of an abundance of caution for members of the public and staff, the 
EPA Region 6 office may be closed to the public to reduce the risk of 
transmitting COVID-19. The EPA encourages the public to submit comments 
via https://www.regulations.gov. Please call or email the contact 
listed above if you need alternative access to material indexed but not 
provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our 
February 3, 2023, proposal (88 FR 7384).\1\ In that document, we 
proposed to approve a portion of the revisions to the Oklahoma SIP 
submitted on February 9, 2021. Our February 2023 proposal addressed 
only the portion of the submittal that referred to the Oklahoma 
Administrative Code (OAC) Title 252, Chapter 100 (denoted OAC 252:100), 
Subchapters 13, 37, and 39, and Appendix N. The remainder of the 
submitted revisions were addressed in a separate rulemaking action.\2\
---------------------------------------------------------------------------

    \1\ Henceforth referred to as our ``February 2023'' proposal. 
Our February 2023 proposal includes technical support documents, 
which are posted in the docket for this action.
    \2\ See 87 FR 50263 (August 16, 2022).
---------------------------------------------------------------------------

    The revisions to Subchapter 13, which addresses Open Burning 
(denoted 252:100-13), include but are not limited to, requiring 
inspection and removal of materials containing asbestos, asphalt, and 
lead in structures prior to fire training; requiring use of air curtain 
incinerators (ACIs) in specified areas; and add a provision for open 
burning of certain medical marijuana plant refuse.
    The revisions to Subchapter 37 (252:100-37), which addresses 
Control of Emission of Volatile Organic Compounds (VOC), add a new 
section to control VOC emissions from aerospace industries coatings 
operations, for new and existing aerospace vehicle and component 
coating operations. The revisions to Subchapter 39 (252:100-39), which 
address Emission of Volatile Organic Compounds (VOCs) in Nonattainment 
Areas and Former Nonattainment Areas, include but are not limited to 
incorporating the Aerospace national emission standards for hazardous 
air pollutants (NESHAP) (40 CFR part 63, subpart GG). The revisions 
also added Appendix N (Specialty Coatings VOC Content Limits) to the 
SIP.
    The revisions addressed in our February 2023 proposal add clarity, 
consistency, and stringency to the Oklahoma SIP. The revisions do not 
relax the current SIP rules and are consistent with Federal regulations 
at 40 CFR parts 60 and 61 and 40 CFR part 63, subparts GG and WWWW. 
Therefore, and consistent with CAA section 110(l), we do not expect 
these revisions to interfere with any applicable requirement concerning 
attainment and reasonable further progress or any other applicable 
requirement of the Act. More detail on these revisions is provided in 
the docket for this action.
    Our February 2023 proposal provided a detailed description of the 
revisions and the rationale for the EPA's proposed actions, together 
with a discussion of the opportunity to comment. The public comment 
period for our February 2023 proposal closed on March 6, 2023. We 
received one supporting comment from an anonymous source. No adverse 
comment was received. Therefore, we are finalizing this action as 
proposed.

II. Final Action

    We are approving portions of a SIP revision submitted to the EPA by 
the State of Oklahoma on February 9, 2021. Specifically, we are 
approving the revisions to OAC 252:100, Subchapters 13 (Open Burning), 
37 (Control of Emission of Volatile Organic Compounds (VOCs)), 39 
(Emission of Volatile Organic Compounds (VOCs) in Nonattainment Areas 
and Former

[[Page 24919]]

Nonattainment Areas), and Appendix N (Specialty Coatings VOC Content 
Limits). We are approving these revisions in accordance with section 
110 of the Act.

III. Environmental Justice Considerations

    As stated in our February 2023 proposal and posted in the docket 
for this action, EPA reviewed demographic data, which provides an 
assessment of individual demographic groups of the populations living 
within the state of Oklahoma. EPA then compared the data to the 
national average for each of the demographic groups. The results of 
this analysis are being provided for informational and transparency 
purposes. The results of the demographic analysis indicate that, for 
populations within the state of 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 (38.5 
percent versus 43.1 percent). Within people of color, the percent of 
the population that is Black or African American alone is less than the 
national average (7.8 percent versus 13.6 percent) and the percent of 
the population that is American Indian/Alaska Native is greater than 
the national average (9.7 percent versus 1.3 percent). The percent of 
the population that is two or more races is greater than the national 
average (6.6 percent versus 2.9 percent). The percent of people living 
in poverty in Oklahoma is greater than the national average (15.6 
percent versus 11.6 percent).
    The Oklahoma Department of Environmental Quality (ODEQ) did not 
evaluate environmental justice considerations as part of their SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA performed an environmental 
justice analysis, as is described above. The analysis was done for the 
purpose of providing additional context and information about this 
rulemaking to the public, not as a basis of the action.
    This final action approves new rules into the Oklahoma SIP that are 
anticipated to control emissions from open burning and certain 
activities whose emissions include VOC. Open burning may emit particle 
pollution and VOC is a precursor to ozone formation. Information on 
particle pollution and ozone, and the associated negative health 
impacts of these pollutants can be found at https://www.epa.gov/pm-pollution and https://www.epa.gov/ground-level-ozone-pollution.\3\ We 
expect that this action and the resulting emissions reductions will 
generally be neutral or contribute to reduced environmental and health 
impacts on all populations in Oklahoma, including indigenous people, 
people of color, and low-income populations. There is no information in 
the record indicating that this action is expected to have 
disproportionately high or adverse human health or environmental 
effects on a particular group of people. EPA offered consultation on 
our proposed rulemaking to tribal governments that may be affected by 
this action.\4\ We received one request for tribal consultation from 
the Muscogee Nation and provided such on February 14, 2023.
---------------------------------------------------------------------------

    \3\ See, also, 78 FR 3086 (January 15, 2013) and 80 FR 65292 
(October 26, 2015).
    \4\ See invitation for consultation, dated February 1, 2023, in 
the docket for this action.
---------------------------------------------------------------------------

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference the 
revisions to the Oklahoma regulations, as identified in Section II of 
this preamble, Final Action. The revised regulations address open 
burning, VOC emissions, and specialty coatings VOC content limits. The 
EPA has made, and will continue to make, these materials generally 
available through www.regulations.gov (please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section of this 
preamble for more information). Therefore, these materials have been 
approved by EPA for inclusion in the SIP, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
CAA sections 110 and 113 as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference in 
the next update to the SIP compilation.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive 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, 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 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). 
Consistent with the EPA Policy on Consultation and Coordination with 
Indian Tribes (May 4, 2011), the EPA offered consultation (by letter 
dated February 1, 2023) on our proposed rulemaking to tribal 
governments that may be affected by this action. We received a request 
for formal tribal consultation from the Muscogee Nation

[[Page 24920]]

and provided consultation on February 14, 2023.
    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. 
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.'' 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.''
    The Oklahoma Department of Environmental Quality did not evaluate 
EJ considerations as part of its SIP submittal; the CAA and applicable 
implementing regulations neither prohibit nor require such an 
evaluation. EPA performed an EJ analysis, as is described earlier in 
the section titled ``Environmental Justice Considerations.'' The 
analysis was done for the purpose of providing additional context and 
information about this rulemaking to the public, not as a basis of the 
action. Due to the nature of the action being taken here, this action 
is expected to have a neutral to positive impact on the air quality of 
the affected area. In addition, there is no information in the record 
upon which this decision is based inconsistent with the stated goal of 
E.O. 12898 of achieving EJ for people of color, low-income populations, 
and Indigenous peoples.
    This action is subject to the Congressional Review Act, and 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 June 26, 2023. 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Volatile organic compounds.

    Dated: April 17, 2023.
Earthea Nance,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart LL--Oklahoma

0
2. In Sec.  52.1920, the table in paragraph (c) titled ``EPA Approved 
Oklahoma
    Regulations'' is amended by:
0
a. Under Subchapter 13:
0
i. Revising the entries for 252:100-13-2, 252:100-13-5, 252:100-13-7, 
252:100-13-8;
0
ii. Adding an entry for 252:100-13-8.1 in numerical order; and
0
iii. Revising the entry for 252:100-13-9;
0
b. Revising the heading for Subchapter 37 and adding an entry for 
252:100-37-27 in numerical order under Subchapter 37;
0
c. Revising the heading for Subchapter 39 and the entry for 252:100-39-
47 and removing the entry for 252:100-39-49 under Subchapter 39; and
0
d. Adding in alphanumerical order an entry for 252:100, Appendix N 
under Appendices for OAC 252: Chapter 100.
    The revisions and additions read as follows:


Sec.  52.1920  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Oklahoma Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
         State citation               Title/subject        effective   EPA approval date        Explanation
                                                              date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Chapter 100 (OAC 252:100). Air Pollution Control
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Subchapter 13. Open Burning
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
252:100-13-2...................  Definitions............    9/15/2020  4/25/2023 [Insert
                                                                        Federal Register
                                                                        citation].
252:100-13-5...................  Open burning prohibited    9/15/2020  4/25/2023 [Insert
                                                                        Federal Register
                                                                        citation].
252:100-13-7...................  Allowed open burning...    9/15/2020  4/25/2023 [Insert
                                                                        Federal Register
                                                                        citation].
252:100-13-8...................  Use of air curtain         9/15/2020  4/25/2023 [Insert
                                  incinerators.                         Federal Register
                                                                        citation].

[[Page 24921]]

 
252:100-13-8.1.................  Transported material...    9/15/2020  4/25/2023 [Insert
                                                                        Federal Register
                                                                        citation].
252:100-13-9...................  General conditions and     9/15/2020  4/25/2023........
                                  requirements for                     [Insert Federal
                                  allowed open burning.                 Register
                                                                        citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                     Subchapter 37. Control of Emission of Volatile Organic Compounds (VOC)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  Part 5. Control of VOCs in Coating Operations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
252:100-37-27..................  Control of emission of     9/15/2020  4/25/2023 [Insert
                                  VOCs from aerospace                   Federal Register
                                  industries coatings                   citation].
                                  operations.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  Subchapter 39. Emission of Volatile Organic Compounds (VOCs) in Nonattainment Areas and Former Nonattainment
                                                      Areas
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Part 7. Specific Operations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
252:100-39-47..................  Control of VOC             9/15/2020  4/25/2023 [Insert
                                  emissions from                        Federal Register
                                  aerospace industries                  citation].
                                  coatings operations.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Appendices for OAC 252: Chapter 100
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
252:100, Appendix N............  Specialty Coatings VOC     9/15/2020  4/25/2023 [Insert
                                  Content Limits.                       Federal Register
                                                                        citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-08438 Filed 4-24-23; 8:45 am]
BILLING CODE 6560-50-P


