Rule2023-08438
Air Plan Approval; Oklahoma; Revisions to Air Pollution Control Rules
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 25, 2023
Effective
May 25, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 79 (Tuesday, April 25, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08438]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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,
<a href="/cdn-cgi/l/email-protection#1767767e707239747665657e725772677639707861"><span class="__cf_email__" data-cfemail="196978707e7c377a786b6b707c597c6978377e766f">[email protected]</span></a>. 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, <a href="/cdn-cgi/l/email-protection#384b5059505156165d55595c785d4859165f574e"><span class="__cf_email__" data-cfemail="1a69727b727374347f777b7e5a7f6a7b347d756c">[email protected]</span></a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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\
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\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).
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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 <a href="https://www.epa.gov/pm-pollution">https://www.epa.gov/pm-pollution</a> and <a href="https://www.epa.gov/ground-level-ozone-pollution">https://www.epa.gov/ground-level-ozone-pollution</a>.\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.
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\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.
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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 <a href="http://www.regulations.gov">www.regulations.gov</a> (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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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
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State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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Chapter 100 (OAC 252:100). Air Pollution Control
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* * * * * * *
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Subchapter 13. Open Burning
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* * * * * * *
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].
* * * * * * *
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Subchapter 37. Control of Emission of Volatile Organic Compounds (VOC)
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* * * * * * *
----------------------------------------------------------------------------------------------------------------
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.
* * * * * * *
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Subchapter 39. Emission of Volatile Organic Compounds (VOCs) in Nonattainment Areas and Former Nonattainment
Areas
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* * * * * * *
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Part 7. Specific Operations
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* * * * * * *
252:100-39-47.................. Control of VOC 9/15/2020 4/25/2023 [Insert
emissions from Federal Register
aerospace industries citation].
coatings operations.
* * * * * * *
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Appendices for OAC 252: Chapter 100
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* * * * * * *
252:100, Appendix N............ Specialty Coatings VOC 9/15/2020 4/25/2023 [Insert
Content Limits. Federal Register
citation].
* * * * * * *
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* * * * *
[FR Doc. 2023-08438 Filed 4-24-23; 8:45 am]
BILLING CODE 6560-50-P
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