Proposed Rule2025-12520
New Source Performance Standards; Delegation of Authority to Oklahoma
Primary source
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Published
July 7, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to update federal regulations to reflect Oklahoma's current New Source Performance Standards (NSPS) delegation status and the mailing address for the Oklahoma Department of Environmental Quality (ODEQ). The ODEQ has submitted updated regulations for the delegation of EPA authority for implementation and enforcement of certain NSPS. The updated State regulations incorporate by reference certain NSPS promulgated by EPA, as they existed through June 30, 2023. The delegation of authority for implementation and enforcement applies to sources subject to the delegated NSPS, including those located in certain areas of Indian country as discussed herein.
Full Text
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<title>Federal Register, Volume 90 Issue 127 (Monday, July 7, 2025)</title>
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[Federal Register Volume 90, Number 127 (Monday, July 7, 2025)]
[Proposed Rules]
[Pages 29826-29828]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12520]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-R06-OAR-2010-0580; FRL-12826-01-R6]
New Source Performance Standards; Delegation of Authority to
Oklahoma
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; notice of delegation.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
update federal regulations to reflect Oklahoma's current New Source
Performance Standards (NSPS) delegation status and the mailing address
for the Oklahoma Department of Environmental Quality (ODEQ). The ODEQ
has submitted updated regulations for the delegation of EPA authority
for implementation and enforcement of certain NSPS. The updated State
regulations incorporate by reference certain NSPS promulgated by EPA,
as they existed through June 30, 2023. The delegation of authority for
implementation and enforcement applies to sources subject to the
delegated NSPS, including those located in certain areas of Indian
country as discussed herein.
DATES: Written comments on this proposed rule must be received on or
before August 6, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2010-0580, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#f58681909c97db96999a839c86b5908594db929a83"><span class="__cf_email__" data-cfemail="750601101c175b16191a031c06351005145b121a03">[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 Clovis Steib, (214) 665-
7566; email: <a href="/cdn-cgi/l/email-protection#4d3e3928242f632e21223b243e0d283d2c632a223b"><span class="__cf_email__" data-cfemail="8af9feefe3e8a4e9e6e5fce3f9caeffaeba4ede5fc">[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: Clovis Steib, EPA Region 6 Office,
Infrastructure and Ozone Section, 214-665-7566, <a href="/cdn-cgi/l/email-protection#e39097868a81cd808f8c958a90a3869382cd848c95"><span class="__cf_email__" data-cfemail="dcafa8b9b5bef2bfb0b3aab5af9cb9acbdf2bbb3aa">[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.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
Section 111(c)(1) of the Clean Air Act (CAA), 42 U.S.C. 7411(c)(1),
authorizes EPA to delegate to a state the authority to implement and
enforce NSPS promulgated by EPA under CAA section 111(b) and codified
at part 60 of title 40 of the Code of Federal Regulations (CFR). CAA
section 111(c)(2) states that EPA retains the authority to enforce any
applicable NSPS delegated to a state. On March 25, 1982, EPA approved
the delegation of authority to implement and enforce NSPS to Oklahoma
(1982 NSPS Delegation). See 47 FR 1785 (April 22, 1982). On October 8,
1999, EPA updated Oklahoma's NSPS delegation, including specific
provisions setting forth the terms and conditions of the delegation of
authority for NSPS responsibility to the ODEQ (1999 NSPS Delegation).
See 64 FR 57392 (October 25, 1999). Copies of the initial 1982 NSPS
Delegation and the 1999 NSPS Delegation update are included in the
docket for this action, both of which contain provisions specifying
conditions and limitations applicable to the EPA's delegation of
authority to implement and enforce the NSPS in Oklahoma.
Under the terms and conditions of the 1999 NSPS Delegation,
``[f]uture provisions of 40 CFR part 60 shall be delegated to ODEQ
pursuant to this agreement provided that (1) ODEQ requests delegation
and provides copies of the proposed or adopted rules, (2) ODEQ adopts
the federal standard without change (e.g., incorporation by reference)
and (3) EPA does not object to the delegation within thirty (30) days
of ODEQ's request.'' See Specific Provision 1 of the 1999 NSPS
Delegation.
II. ODEQ's October 28, 2024 NSPS Delegation Update
By letter dated October 28, 2024, the ODEQ requested an update to
its NSPS delegation. ODEQ reaffirmed that it retains all required
authorities set forth in 40 CFR 60.4 for delegation of a CAA section
111(c) program and all authority identified in the 1982 and 1999 NSPS
Delegations. ODEQ provided copies of the duly adopted state regulations
which incorporate specifically identified NSPS found at 40 CFR part 60
into the Oklahoma Administrative Code (OAC) 252:100-2 and OAC 252:100
Appendix Q, as published in the Oklahoma Register on August 15, 2024
(41 Okla. Reg. 2006) with an effective date of September 16, 2024.\1\
These ODEQ regulations are, therefore, at least as stringent as the
EPA's rules. See 40 CFR 60.10(a). ODEQ's October 28, 2024, request
included the following NSPS in 40 CFR part 60, as they existed through
June 30, 2023: 40 CFR part 60, subparts A (except sections 60.4, 60.9,
60.10, and 60.16), D, Da, Db, Dc, E, Ea, Eb, Ec, F, G, Ga, H, I, J, Ja,
K, Ka, Kb, L, M, N, Na, O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, AAa,
BB, BBa, CC, DD, EE, GG, HH, KK, KKa, LL, MM, MMa, NN, PP, QQ, RR, SS,
TT, UU, VV, VVa, WW, XX, BBB, DDD, FFF, GGG, GGGa, HHH, III, JJJ, KKK,
LLL, NNN, OOO, PPP, QQQ, RRR, SSS, TTT, TTTa, UUU, VVV, WWW, XXX, AAAA,
CCCC, EEEE, IIII, JJJJ, KKKK, LLLL, OOOO, OOOOa, TTTT, and Appendices A
and B to 40 CFR part 60.\2\ In accordance with the authority provided
by CAA section 111(c)(1) and consistent with the provisions of the 1982
NSPS Delegation and the 1999
[[Page 29827]]
NSPS Delegation, EPA has determined that the ODEQ has met the
conditions required for approval of the ODEQ's requested update to its
NSPS delegation, as described above. All authorities not affirmatively
and expressly requested by the ODEQ are not delegated. In addition, the
provisions and conditions contained in the 1982 and 1999 NSPS
Delegations remain in effect, with the exception of Specific Provision
7 of the 1999 NSPS Delegation. As more fully discussed in Section III
of this document, the delegation to ODEQ to implement and enforce
certain NSPS extends to sources or activities located in certain areas
of Indian country, as defined in 18 U.S.C. 1151.
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\1\ The ODEQ previously submitted requests to EPA for updates to
the Oklahoma NSPS delegation, by letters dated August 23, 2012,
March 17, 2015, November 2, 2016, June 6, 2018 (revised with a
subsequent June 29, 2018 letter), December 23, 2019, March 23, 2021
(revised with a subsequent September 14, 2021 email), December 2,
2021 (revised with a subsequent October 17, 2022 letter), October
17, 2022, and November 30, 2023. EPA has determined that such
requests meet the requirements of the CAA and the 1982 and 1999 NSPS
Delegations concerning the approval of EPA's delegation of authority
for the enforcement and implementation of the NSPS in Oklahoma. EPA
previously proposed an action on ODEQ's request to update its NSPS
delegation (85 FR 31423, May 26, 2020); that proposed action is
subsumed and incorporated into this proposed action.
\2\ See EPA Docket No. EPA-R06-OAR-2010-0580 in
<a href="http://www.regulations.gov">www.regulations.gov</a>.
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Furthermore, no authorities are delegated that require rulemaking
in the Federal Register to implement, or where Federal overview is the
only way to ensure national consistency in the application of the
standards. All inquiries and requests concerning implementation and
enforcement of the excluded standards in the State of Oklahoma should
be directed to the EPA Region 6 Office of Enforcement and Compliance
Assurance. Furthermore, the EPA retains any authority in an individual
NSPS that may not be delegated according to provisions of the standard.
Finally, EPA retains the authorities stated in the 1982 and 1999 NSPS
Delegations.
III. Impacts 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. The State's
request excluded certain areas of Indian country further described
below. In addition, the State only sought approval to the extent that
such approval was necessary for the State to administer a program in
light of Oklahoma Dept. of Environmental Quality v. EPA, 740 F.3d 185
(D.C. Cir. 2014).\3\
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\3\ In ODEQ v. EPA, the D.C. Circuit held that under the CAA,
states have the authority to implement a SIP in non-reservation
areas of Indian country in the state, unless there has been a
demonstration of tribal jurisdiction. Under the D.C. Circuit's
decision, the CAA does not provide authority to states to implement
SIPs in Indian reservations.
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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, 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\ The EPA's prior approvals relating to Oklahoma's SIP
frequently noted that the SIP was not approved to apply in areas of
Indian country (except as explained in the D.C. Circuit's decision
in ODEQ v. EPA) located in the State. See, e.g., 85 FR 20178, 20180
(April 10, 2020). Such prior expressed limitations are superseded by
the EPA's approval of Oklahoma's SAFETEA request.
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As explained above, the EPA is proposing to amend 40 CFR part 60,
to reflect the current status of EPA's delegation of authority to ODEQ
for the implementation and enforcement of the NSPS and to update ODEQ's
mailing address. Consistent with the D.C. Circuit's decision in ODEQ v.
EPA and with the EPA's SAFETEA approval, these SIP revisions will apply
to areas of Indian country as follows: (1) pursuant to the SAFETEA
approval, the SIP revisions will apply to all Indian country in the
State of Oklahoma other than the excluded Indian country lands as
described above; and (2) pursuant to the D.C. Circuit's decision in
ODEQ v. EPA, the SIP revisions will also apply to any Indian allotments
or dependent Indian communities that are located outside of any Indian
reservation and over which there has been no demonstration of tribal
authority.
IV. Proposed Action
Apart from the notification of the updated NSPS delegation to the
ODEQ as discussed above, EPA is proposing to amend 40 CFR part 60 to
include a table of the specific NSPS provisions delegated to the ODEQ
and update the mailing address for the ODEQ. If finalized as proposed,
40 CFR 60.4(b)(38) will be amended to read: State of Oklahoma: State of
Oklahoma, Department of Environmental Quality, Air Quality Division,
P.O. Box 1677, Oklahoma City, OK 73101-1677, and a table will be added
to 40 CFR 60.4(e) reflecting the NSPS subparts currently delegated to
ODEQ.
V. Statutory and Executive Order Reviews
Under the CAA, EPA previously delegated to the ODEQ the authority
to implement and enforce certain NSPS for sources located in Oklahoma,
as provided for under 42 U.S.C. 7411(c)(1); see also 40 CFR 60.4(b).
Pursuant the terms and conditions of that delegation, this action
informs the public that EPA has found the ODEQ's October 28, 2024,
request to update the delegation status for NSPS meets Federal
requirements and does not impose additional requirements beyond those
imposed by state law. Through this action, EPA is proposing to add a
table to 40 CFR part 60 listing the specific NSPS currently delegated
to the ODEQ and update the ODEQ's address for submittal of documents
required under the delegated NSPS provisions. For these reasons, 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;
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because NSPS actions are exempt from review under
Executive Order 12866;
<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, as 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);
[[Page 29828]]
<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.
A. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This amended proposed action will apply, if finalized as proposed,
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 with Indian Tribes (December 7, 2023), the
EPA has offered consultation to tribal governments that may be affected
by this action and provided information about this action.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 26, 2025.
James McDonald,
Director, Air & Radiation Division, Region 6.
[FR Doc. 2025-12520 Filed 7-3-25; 8:45 am]
BILLING CODE 6560-50-P
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