Proposed Rule2024-30245
National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Oklahoma
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
December 23, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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 as provided for under previously approved delegation mechanisms. The updated State regulations incorporate by reference certain NESHAP promulgated by the Environmental Protection Agency (EPA) as they existed through June 30, 2022. The EPA is proposing to approve ODEQ's requested delegation update. The proposed delegation of authority under this action applies to sources located in certain areas of Indian country as discussed herein.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 246 (Monday, December 23, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Proposed Rules]
[Pages 104481-104485]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30245]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 61 and 63
[EPA-R06-OAR-2020-0086; FRL-12482-01-R6]
National Emission Standards for Hazardous Air Pollutants;
Delegation of Authority to Oklahoma
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
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 as provided for under previously approved delegation
mechanisms. The updated State regulations incorporate by reference
certain NESHAP promulgated by the Environmental Protection Agency (EPA)
as they existed through June 30, 2022. The EPA is proposing to approve
ODEQ's requested delegation update. The proposed delegation of
authority under this action applies to sources located in certain areas
of Indian country as discussed herein.
DATES: Written comments must be received on or before January 22, 2025.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2020-0086, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#e587849797809191cb978c868d849781a5809584cb828a93"><span class="__cf_email__" data-cfemail="b5d7d4c7c7d0c1c19bc7dcd6ddd4c7d1f5d0c5d49bd2dac3">[email protected]</span></a>. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact Rick Barrett, 214-665-
7227, <a href="/cdn-cgi/l/email-protection#fd9f9c8f8f988989d38f949e959c8f99bd988d9cd39a928b"><span class="__cf_email__" data-cfemail="cfadaebdbdaabbbbe1bda6aca7aebdab8faabfaee1a8a0b9">[email protected]</span></a>. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
Docket: The index to the docket for this action is available
electronically at <a href="http://www.regulations.gov">www.regulations.gov</a>. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Rick Barrett, EPA Region 6 Office, Air
Permits Section (ARPE), 214-665-7227, <a href="/cdn-cgi/l/email-protection#90f2f1e2e2f5e4e4bee2f9f3f8f1e2f4d0f5e0f1bef7ffe6"><span class="__cf_email__" data-cfemail="86e4e7f4f4e3f2f2a8f4efe5eee7f4e2c6e3f6e7a8e1e9f0">[email protected]</span></a>. We
encourage 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.
[[Page 104482]]
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. What does this action do?
II. What is the authority for delegation?
III. What criteria must Oklahoma's program meet to be approved?
IV. How did ODEQ meet the NESHAP program approval criteria?
V. What is being delegated?
VI. What is not being delegated?
VII. How will statutory and regulatory interpretations be made?
VIII. What authority does the EPA have?
IX. What information must ODEQ provide to the EPA?
X. What is the EPA's oversight role?
XI. Should sources submit notices to the EPA or ODEQ?
XII. How will unchanged authorities be delegated to ODEQ in the
future?
XIII. Impact on Areas of Indian Country
XIV. Proposed Action
XV. Environmental Justice Considerations
XVI. Statutory and Executive Order Reviews
I. What does this action do?
The EPA is proposing to approve the delegation of the
implementation and enforcement of certain NESHAP to ODEQ. If finalized,
the delegation will provide ODEQ with the primary responsibility to
implement and enforce the delegated standards.
II. 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 to any State or
local agency which submits adequate regulatory procedures for
implementation and enforcement of emission standards for hazardous air
pollutants. The hazardous air pollutant standards are codified at 40
CFR parts 61 and 63.
III. 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.
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).
---------------------------------------------------------------------------
\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 (September 14, 2000). The EPA previously approved
Oklahoma's program to implement and enforce the NESHAP as they apply
to non-part 70 sources. See 66 FR 1584 (January 9, 2001).
---------------------------------------------------------------------------
IV. 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 standards 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 final 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 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).
V. What is being delegated?
By letter dated December 2, 2021, ODEQ requested the EPA to update
its existing NESHAP delegation. With certain exceptions noted in
section VI of this document, Oklahoma's request included NESHAPs in 40
CFR parts 61 and 63. ODEQ's request included newly incorporated NESHAPs
promulgated by the EPA and amendments to existing standards currently
delegated, as amended between June 30, 2019, and June 30, 2020, as
adopted by the State.
By letter dated October 17, 2022, the EPA received a request from
ODEQ to update its existing NESHAP delegation. With certain exceptions
noted in section VI of this document, ODEQ's request includes certain
NESHAP in 40 CFR parts 61 and 63. ODEQ's request included newly
incorporated NESHAPs promulgated by the EPA and amendments to existing
standards currently delegated, as amended between June 30, 2020, and
June 30, 2021, as adopted by the State.
More recently, by letter dated November 30, 2023, the EPA received
a request from ODEQ to update its existing NESHAP delegation. With
certain exceptions noted in section VI of this document, ODEQ's request
includes certain NESHAP in 40 CFR parts 61 and 63. ODEQ's request
included newly incorporated NESHAPs promulgated by the EPA and
amendments to existing standards currently delegated, as amended
between June 30, 2021, and June 30, 2022, as adopted by the State.
VI. What is not being delegated?
All authorities not affirmatively and expressly proposed for
delegation by this action will not be delegated. These include the
following parts 61 and 63 authorities listed below:
<bullet> 40 CFR part 61, subpart B (National Emission Standards for
Radon Emissions from Underground Uranium Mines);
<bullet> 40 CFR part 61, subpart H (National Emission Standards for
Emissions of Radionuclides Other Than Radon From Department of Energy
Facilities);
<bullet> 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);
<bullet> 40 CFR part 61, subpart K (National Emission Standards for
Radionuclide Emissions from Elemental Phosphorus Plants);
<bullet> 40 CFR part 61, subpart Q (National Emission Standards for
Radon
[[Page 104483]]
Emissions from Department of Energy facilities);
<bullet> 40 CFR part 61, subpart R (National Emission Standards for
Radon Emissions from Phosphogypsum Stacks);
<bullet> 40 CFR part 61, subpart T (National Emission Standards for
Radon Emissions from the Disposal of Uranium Mill Tailings); and
<bullet> 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,
certain provisions in 40 CFR parts 61 and 63 are non-delegable to the
states as outlined in specific subparts. Furthermore, no authorities
are being proposed for delegation 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
propose delegation of any authority under section 112(r), the
accidental release program.
If this action is finalized as proposed, all questions 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 proposing 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.
As more fully discussed in section XIII of this document, the
proposed delegation to ODEQ to implement and enforce certain NESHAP
extends to sources or activities located in certain areas of Indian
country, as defined in 18 U.S.C. 1151.
VII. How will statutory and regulatory interpretations be made?
If this NESHAP delegation update is finalized as proposed, ODEQ
must 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, administration, or enforcement of these
sections have not been covered by prior EPA determinations or guidance.
VIII. 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 proposing to delegate to the ODEQ some of these
authorities, and retaining others, as explained in sections V and VI
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 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 the authority in an individual emission
standard that may not be delegated according to provisions of the
standard. 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 how the updated
NESHAP delegation would look if this proposal is finalized 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.
IX. What information must ODEQ provide to the EPA?
EPA may request at any time, and ODEQ must provide within 45 days,
information to review the adequacy of implementation and enforcement of
an approved rule or program, as set forth at 40 CFR 63.96(a). In
receiving delegation for specific General Provisions authorities, ODEQ
may request delegated authority to make certain determinations. See 40
CFR 63.91(g)(1). 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. 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).
X. What is the EPA's oversight role?
The EPA must oversee 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 has made decisions that decrease 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(b) and (g)(1)(ii). We
will initiate withdrawal of the program or rule if the corrective
actions taken are insufficient. See 51 FR 20648 (June 6, 1986).
XI. Should sources submit notices to the EPA or ODEQ?
For the delegated NESHAP standards and authorities covered by this
proposed action, if finalized, 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 via electronic submittal to online EPA database portals that
are specified in each rule, and also as paper submittals to the ODEQ at
the following address: Oklahoma Department of
[[Page 104484]]
Environmental Quality, 707 North Robinson, P.O. Box 1677, Oklahoma
City, Oklahoma 73101-1677. The ODEQ is the primary point of contact
with respect to delegated NESHAP. The EPA Region 6 proposes to waive
the requirement that courtesy 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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
XII. 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 rules, 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 approved 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.
---------------------------------------------------------------------------
\3\ See Hazardous 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 Quality Planning and Standards, EPA, dated
December 10, 1993.
---------------------------------------------------------------------------
XIII. Impact on Areas of Indian Country
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, Public
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.
---------------------------------------------------------------------------
\4\ A copy of the Governor's July 22, 2020, request can be found
in the docket for this proposed rulemaking.
---------------------------------------------------------------------------
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 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'').
---------------------------------------------------------------------------
\5\ A copy of EPA's October 1, 2020, approval can be found in
the docket for this proposed rulemaking. In accordance with
Executive Order 13990, EPA is currently reviewing our October 1,
2020, SAFETEA approval and is engaging in further consultation with
Tribal governments and discussions with the State of Oklahoma as
part of this review. EPA also notes that the October 1, 2020,
approval is the subject of a pending challenge in federal court.
(Pawnee v. Regan, No. 20-9635 (10th Cir.)). Pending completion of
EPA's review, EPA is proceeding with this proposed action in
accordance with the October 1, 2020, approval. EPA's final action on
the NESHAP delegation update will address the scope of the State's
program with respect to Indian country, and may make any appropriate
adjustments, based on the status of our review at that time. If
EPA's final action on Oklahoma's NESHAP delegation update is taken
before our review of the SAFETEA approval is complete, EPA may make
further changes to the approval of Oklahoma's NESHAP delegation to
reflect the outcome of the SAFETEA review.
---------------------------------------------------------------------------
The EPA's approval under SAFETEA expressly provided that to the
extent 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).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
As explained above, the EPA is proposing to approve an update to
the Oklahoma NESHAP delegation. Consistent with the EPA's October 1,
2020, SAFETEA approval, if this action is finalized as proposed,
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.
XIV. Proposed Action
In this action, the EPA is proposing to approve an update to the
Oklahoma NESHAP delegation that would provide the 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, 2021. This proposed
delegation to ODEQ extends to sources and activities located in certain
areas of Indian country, as explained in section XIII above.
XV. Environmental Justice Considerations
EPA reviewed demographic data, which provides an assessment of
individual demographic groups of the populations living within
Oklahoma.\7\ The EPA then compared the data to the national average for
each of the demographic groups.\8\ 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 (36.2 percent versus 40.7 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 13.6 percent) and
the percent of the population that is American Indian/
[[Page 104485]]
Alaska Native is significantly higher than the national average (9.7
percent versus 1.3 percent). The percent of the population that is two
or more races is higher than the national averages (6.6 percent versus
2.9 percent). The percent of people living below the poverty level in
Oklahoma is higher than the national average (15.6 percent versus 11.6
percent). The percent of people over 25 with a high school diploma in
Oklahoma is similar to the national average (88.7 percent versus 88.9
percent), while the percent with a Bachelor's degree or higher is below
the national average (26.8 percent versus 33.7 percent).
---------------------------------------------------------------------------
\7\ See the United States Census Bureau's QuickFacts on Oklahoma
at <a href="https://www.census.gov/quickfacts/fact/table/OK,US/PST045222">https://www.census.gov/quickfacts/fact/table/OK,US/PST045222</a>.
\8\ See the United States Census Bureau's QuickFacts on Oklahoma
at <a href="https://www.census.gov/quickfacts/fact/table/OK,US/PST045222">https://www.census.gov/quickfacts/fact/table/OK,US/PST045222</a>.
---------------------------------------------------------------------------
This action proposes to approve the requests from the State to
update its NESHAP delegations under section 112 of the CAA. The
authorities contained in the Oklahoma permitting 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. EPA
believes the human health or environmental risk addressed by this
action will not have potential disproportionately high and adverse
human health or environmental effects on minority, low-income or
indigenous populations with environmental justice concerns because it
is not anticipated to result in or contribute to emissions increases in
Oklahoma.
XVI. 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, provided that
they meet the criteria and objectives of the CAA and of the EPA's
implementing regulations. Accordingly, this proposed action would
merely approve the State's request as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this proposed 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 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reductions 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, as described in the Unfunded
Mandates Reform 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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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 Clean Air Act.
This proposal to approve Oklahoma's request to update the NESHAP
delegation will apply, if finalized as proposed, to certain areas of
Indian country as discussed in section XIII above, and therefore has
Tribal implications as specified in Executive Order 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.
Requested consultation was initiated on December 21, 2021, and
concluded on January 26, 2022.
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
Executive Order 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on
and supplements E.O. 12898 and defines EJ as, among other things, the
just treatment and meaningful involvement of all people, regardless of
income, race, color, national origin, or Tribal affiliation, or
disability in agency decision-making and other Federal activities that
affect human health and the environment.''
ODEQ did not evaluate EJ considerations as part of its submittal;
the CAA and applicable implementing regulations neither prohibit nor
require such an evaluation. EPA performed an EJ analysis, as is
described in this proposed action 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. In addition,
there is no information in the record upon which this decision is based
inconsistent with the stated goal of E.O. 12898/14096 of achieving EJ
for communities with EJ concerns.
List of Subjects
40 CFR Part 61
Environmental protection, Air pollution control, Hazardous
substances, 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: December 12, 2024.
Dzung Ngo Kidd,
Acting Director, Air and Radiation Division, Region 6.
[FR Doc. 2024-30245 Filed 12-20-24; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 23, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.