Rule2025-11265
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
June 20, 2025
Effective
July 21, 2025
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 providing notice that it is taking final action to approve the delegation of certain NESHAP to ODEQ. The final delegation of authority under this action applies to sources located in certain areas of Indian country as discussed herein.
Full Text
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<title>Federal Register, Volume 90 Issue 117 (Friday, June 20, 2025)</title>
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[Federal Register Volume 90, Number 117 (Friday, June 20, 2025)]
[Rules and Regulations]
[Pages 26213-26221]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11265]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 61 and 63
[EPA-R06-OAR-2020-0086; FRL-12482-02-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, 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 providing
notice that it is taking final action to approve the delegation of
certain NESHAP to ODEQ. The final 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 July 21, 2025.
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 <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 and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through <a href="http://www.regulations.gov">http://www.regulations.gov</a> or
in hard copy at the EPA Region 6, 1201 Elm Street, Suite 500, Dallas,
Texas 75270.
FOR FURTHER INFORMATION CONTACT: Rick Barrett, EPA Region 6 Office, Air
Permits Section (ARPE), 214-665-7227, <a href="/cdn-cgi/l/email-protection#93f1f2e1e1f6e7e7bde1faf0fbf2e1f7d3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="89ebe8fbfbecfdfda7fbe0eae1e8fbedc9ecf9e8a7eee6ff">[email protected]</span></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 wherever ``we,''
``us,'' and ``our'' is used, we mean the EPA.
Table of Contents
I. Background
[[Page 26214]]
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. Statutory and Executive Order Reviews
I. Background
The background for this action is discussed in detail in our
December 23, 2024, proposal (89 FR 104481). 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 no comments on the proposed
rulemaking action, and we will not be making any changes to our
proposal.
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 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.
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.
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 CAA 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 July 21, 2022 (87 FR
43412).
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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 (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).
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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 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).
VI. 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.
VII. What is not being delegated?
All authorities not affirmatively and expressly delegated 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
[[Page 26215]]
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 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,
some 40 CFR parts 61 and 63 standards have certain provisions that
cannot be delegated to the States as outlined in specific subparts.
Furthermore, no authorities are being approved 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 approve delegation of any authority under
section 112(r), the accidental release program.
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 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.
As more fully discussed in section XIV of this document, the final
delegation to ODEQ to implement and enforce certain NESHAP extends to
sources or activities located in certain areas of Indian country, as
described below in section XIV.
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,
administration, or enforcement of these sections 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 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 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
the 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 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).
[[Page 26216]]
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 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 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 waives 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.
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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 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.
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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
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. The State's
request excluded certain areas of Indian country further described
below.
The EPA has approved Oklahoma's SAFETEA request to administer all
of the State's EPA-approved environmental regulatory programs in the
requested areas of Indian country. 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'').
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.\4\ 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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\4\ EPA's prior approvals relating to Oklahoma's NESHAP
delegation frequently noted that the NESHAP delegation was approved
to apply in areas of Indian country located in the State in
accordance with the EPA's approval of Oklahoma's SAFETEA request.
See, e.g., 87 FR 43412 (July 21, 2022).
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As explained above, the EPA is approving an update to the Oklahoma
NESHAP delegation which will apply statewide in Oklahoma. Consistent
with the EPA's SAFETEA approval, this NESHAP delegation will apply to
areas of Indian country pursuant to the SAFETEA approval, including to
all Indian country in the State of Oklahoma other than the excluded
Indian country lands as described above.
XV. Final Action
EPA is taking final action 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, 2022. This final delegation to ODEQ
extends to sources and activities located in certain areas of Indian
country, as explained in section XIV above.
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 the EPA's
implementing regulations. Accordingly, this 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 action:
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866 (58 FR 51735, October 4, 1993) and was therefore
not submitted to the Office of Management and Budget (OMB) for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not an Executive Order 14192 regulatory action
because this action is not significant under Executive Order 12866.
[[Page 26217]]
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA (44 U.S.C. 3501 et seq.) because it does not impose an
information collection burden.
D. Regulatory Flexibility Act (RFA)
This action is certified to not have a significant economic impact
on a substantial number of small entities under the RFA (5 U.S.C. 601
et seq.). This action approves the delegation of federal rules as
requested by the state agency and will therefore have no net regulatory
burden for all directly regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
State, local, or tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This final approval of revisions to the Oklahoma SIP that update
the Oklahoma NESHAP delegation will apply to certain areas of Indian
country throughout Oklahoma as discussed in the preamble, 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 (December 7, 2023), the EPA has offered
consultation to all 38 Tribal governments whose lands are located
within the exterior boundaries of the State of Oklahoma and that may be
affected by this action and provided information about this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to
regulatory actions considered significant under section 3(f)(1) of
Executive Order 12866 and that concern environmental health or safety
risks that EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of Executive Order 13045. This action is not subject to
Executive Order 13045 because it approves a state program.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards. This action
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.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 19, 2025. 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, Air pollution control, Hazardous
substances, Intergovernmental relations, Radioactive materials,
Reporting and recordkeeping requirements, Uranium, Vinyl chloride.
40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Business and industry, Carbon oxides, Hazardous
substances, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 11, 2025.
James McDonald,
Director, Air and Radiation Division, Region 6.
For the reasons stated in the preamble, the EPA amends 40 CFR parts
61 and 63 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
(ODEQ) has been delegated the following part 61 standards promulgated
by EPA, as amended in the Federal Register through June 30, 2022. The
(X) symbol is used to indicate each subpart that has been delegated.
[[Page 26218]]
Table 4 to Paragraph (c)(6)(iv)--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 X
Firing.
E........................... Mercury..................... X
F........................... Vinyl Chloride.............. X
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 X
By-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 X
Benzene Storage Vessels.
Z-AA........................ (Reserved).................. ............
BB.......................... Benzene Emissions From X
Benzene 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) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(37) Oklahoma. (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, 2022, are
not delegated.
Table 14 to Paragraph (a)(37)(i)--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 X
Cleaning.
N.............................. Chromium Electroplating X
and Chromium Anodizing
Tanks.
O.............................. Ethylene Oxide X
Sterilizers.
P.............................. (Reserved)............... ............
Q.............................. Industrial Process X
Cooling Towers.
R.............................. Gasoline Distribution.... X
[[Page 26219]]
S.............................. Pulp and Paper Industry.. X
T.............................. Halogenated Solvent X
Cleaning.
U.............................. Group I Polymers and X
Resins.
V.............................. (Reserved)............... ............
W.............................. Epoxy Resins Production X
and Non-Nylon Polyamides
Production.
X.............................. Secondary Lead Smelting.. X
Y.............................. Marine Tank Vessel X
Loading.
Z.............................. (Reserved)............... ............
AA............................. Phosphoric Acid X
Manufacturing Plants.
BB............................. Phosphate Fertilizers X
Production Plants.
CC............................. Petroleum Refineries..... X
DD............................. Off-Site Waste and X
Recovery Operations.
EE............................. Magnetic Tape X
Manufacturing.
FF............................. (Reserved)............... ............
GG............................. Aerospace Manufacturing X
and Rework Facilities.
HH............................. Oil and Natural Gas X
Production Facilities.
II............................. Shipbuilding and Ship X
Repair Facilities.
JJ............................. Wood Furniture X
Manufacturing Operations.
KK............................. Printing and Publishing X
Industry.
LL............................. Primary Aluminum X
Reduction Plants.
MM............................. Chemical Recovery X
Combustion Sources at
Kraft, Soda, Sulfide,
and Stand-Alone
Semichemical Pulp Mills.
NN............................. Wool Fiberglass X
Manufacturing at Area
Sources.
OO............................. Tanks--Level 1........... X
PP............................. Containers............... X
QQ............................. Surface Impoundments..... X
RR............................. Individual Drain Systems. X
SS............................. Closed Vent Systems, X
Control Devices,
Recovery Devices and
Routing to a Fuel Gas
System or a Process.
TT............................. Equipment Leaks--Control X
Level 1.
UU............................. Equipment Leaks--Control X
Level 2 Standards.
VV............................. Oil--Water Separators and X
Organic--Water
Separators.
WW............................. Storage Vessels (Tanks)-- X
Control Level 2.
XX............................. Ethylene Manufacturing X
Process Units Heat
Exchange Systems and
Waste Operations.
YY............................. Generic Maximum X
Achievable Control
Technology Standards.
ZZ-BBB......................... (Reserved)............... ............
CCC............................ Steel Pickling--HCI X
Process Facilities and
Hydrochloric Acid
Regeneration.
DDD............................ Mineral Wool Production.. X
EEE............................ Hazardous Waste X
Combustors.
FFF............................ (Reserved)............... ............
GGG............................ Pharmaceuticals X
Production.
HHH............................ Natural Gas Transmission X
and Storage Facilities.
III............................ Flexible Polyurethane X
Foam Production.
JJJ............................ Group IV Polymers and X
Resins.
KKK............................ (Reserved)............... ............
LLL............................ Portland Cement X
Manufacturing.
MMM............................ Pesticide Active X
Ingredient Production.
NNN............................ Wool Fiberglass X
Manufacturing.
OOO............................ Amino/Phenolic Resins.... X
PPP............................ Polyether Polyols X
Production.
QQQ............................ Primary Copper Smelting.. X
RRR............................ Secondary Aluminum X
Production.
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 X
Works (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 X \4\
Wood Products.
EEEE........................... Organic Liquids X
Distribution.
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 X
(Surface Coating).
KKKK........................... Metal Can (Surface X
Coating).
MMMM........................... Misc. Metal Parts and X
Products (Surface
Coating).
NNNN........................... Surface Coating of Large X
Appliances.
OOOO........................... Fabric Printing Coating X
and Dyeing.
[[Page 26220]]
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 X
Coil.
TTTT........................... Leather Finishing X
Operations.
UUUU........................... Cellulose Production X
Manufacture.
VVVV........................... Boat Manufacturing....... X
WWWW........................... Reinforced Plastic X
Composites Production.
XXXX........................... Tire Manufacturing....... X
YYYY........................... Combustion Turbines...... X
ZZZZ........................... Reciprocating Internal X
Combustion Engines
(RICE).
AAAAA.......................... Lime Manufacturing Plants X
BBBBB.......................... Semiconductor X
Manufacturing.
CCCCC.......................... Coke Ovens: Pushing, X
Quenching and Battery
Stacks.
DDDDD.......................... Industrial/Commercial/ 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 X
Products Manufacturing.
KKKKK.......................... Clay Ceramics X
Manufacturing.
LLLLL.......................... Asphalt Roofing and X
Processing.
MMMMM.......................... Flexible Polyurethane X
Foam Fabrication
Operation.
NNNNN.......................... Hydrochloric Acid X
Production, Fumed Silica
Production.
OOOOO.......................... (Reserved)............... ............
PPPPP.......................... Engine Test Facilities... X
QQQQQ.......................... Friction Products X
Manufacturing.
RRRRR.......................... Taconite Iron Ore X
Processing.
SSSSS.......................... Refractory Products X
Manufacture.
TTTTT.......................... Primary Magnesium X
Refining.
UUUUU.......................... Coal and Oil-Fired X \5\
Electric 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 X
Area Sources.
AAAAAA......................... (Reserved)............... ............
BBBBBB......................... Gasoline Distribution X
Bulk Terminals, Bulk
Plants, and Pipeline
Facilities.
CCCCCC......................... Gasoline Dispensing X
Facilities.
DDDDDD......................... Polyvinyl Chloride and X
Copolymers Production
Area Sources.
EEEEEE......................... Primary Copper Smelting X
Area Sources.
FFFFFF......................... Secondary Copper Smelting X
Area Sources.
GGGGGG......................... Primary Nonferrous Metals X
Area Source: Zinc,
Cadmium, and Beryllium.
HHHHHH......................... Paint Stripping and X
Miscellaneous Surface
Coating Operations at
Area Sources.
IIIIII......................... (Reserved)............... ............
JJJJJJ......................... Industrial, Commercial, X
and Institutional
Boilers Area Sources.
KKKKKK......................... (Reserved)............... ............
LLLLLL......................... Acrylic and Modacrylic X
Fibers Production Area
Sources.
MMMMMM......................... Carbon Black Production X
Area Sources.
NNNNNN......................... Chemical Manufacturing X
Area Sources: Chromium
Compounds.
OOOOOO......................... Flexible Polyurethane X
Foam Production and
Fabrication Area Sources.
PPPPPP......................... Lead Acid Battery X
Manufacturing Area
Sources.
QQQQQQ......................... Wood Preserving Area X
Sources.
RRRRRR......................... Clay Ceramics X
Manufacturing Area
Sources.
SSSSSS......................... Glass Manufacturing Area X
Sources.
TTTTTT......................... Secondary Nonferrous X
Metals Processing Area
Sources.
UUUUUU......................... (Reserved)............... ............
VVVVVV......................... Chemical Manufacturing X
Area 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 X
Other Nonferrous
Foundries Area Sources.
AAAAAAA........................ Asphalt Processing and X
Asphalt Roofing
Manufacturing Area
Sources.
BBBBBBB........................ Chemical Preparation X
Industry Area Sources.
CCCCCCC........................ Paints and Allied X
Products Manufacturing
Area Sources.
DDDDDDD........................ Prepared Feeds Areas X
Sources.
EEEEEEE........................ Gold Mine Ore Processing X
and Production Area
Sources.
FFFFFFF-GGGGGGG................ (Reserved)............... ............
[[Page 26221]]
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.
\3\ The ODEQ has adopted this subpart unchanged and applied for
delegation of the standard. The subpart was vacated and remanded to
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 DC 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 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).
(ii) [Reserved]
* * * * *
[FR Doc. 2025-11265 Filed 6-18-25; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on June 20, 2025.
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.