Proposed Rule2025-12800

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
July 10, 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, 2023. 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

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<title>Federal Register, Volume 90 Issue 130 (Thursday, July 10, 2025)</title>
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[Federal Register Volume 90, Number 130 (Thursday, July 10, 2025)]
[Proposed Rules]
[Pages 30613-30616]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12800]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[EPA-R06-OAR-2020-0086; FRL-12761-01-R6]


National Emission Standards for Hazardous Air Pollutants; 
Delegation of Authority to Oklahoma

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed 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, 2023. 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 August 11, 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#04666576766170702a766d676c657660446174652a636b72"><span class="__cf_email__" data-cfemail="b3d1d2c1c1d6c7c79dc1dad0dbd2c1d7f3d6c3d29dd4dcc5">[email&#160;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#ceacafbcbcabbabae0bca7ada6afbcaa8eabbeafe0a9a1b8"><span class="__cf_email__" data-cfemail="51333023233425257f23383239302335113421307f363e27">[email&#160;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#98faf9eaeafdececb6eaf1fbf0f9eafcd8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="7a181b08081f0e0e54081319121b081e3a1f0a1b541d150c">[email&#160;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 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. 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, 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

[[Page 30614]]

sources, was most recently approved on June 20, 2025 (90 FR 26213).
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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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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 to 
the State, 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 October 28, 2024, the EPA received a request from 
ODEQ to update its existing NESHAP delegation. With certain exceptions 
noted in section VII of this document, ODEQ's request included certain 
NESHAP in 40 CFR parts 61 and 63. ODEQ's request included newly 
incorporated NESHAP promulgated by the EPA and amendments to existing 
standards currently delegated, as amended between June 30, 2022, and 
June 30, 2023, 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 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 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 described below in section XIV.

VII. How will statutory and regulatory interpretations be made?

    If this NESHAP delegation is finalized as proposed, 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.

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.

[[Page 30615]]

IX. 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). Under 40 CFR 
63.91(g)(1), Oklahoma may request delegation of any of the authorities 
listed as Category I in 40 CFR 63.91(g)(1)(i), and EPA will delegate 
any such authorities at its discretion. The State must maintain a 
record of all approved alternatives to all monitoring, testing, 
recordkeeping, and reporting requirements and provide this list of 
alternatives to its EPA Regional Office at least semi-annually, or on a 
more frequent basis if requested by the Regional Office. 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 and under the procedures set forth at 
40 CFR 63.96(b). We will initiate withdrawal proceedings of the program 
or rule under 40 CFR 63.96(b) if the corrective actions taken are 
insufficient.

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 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 to the ODEQ. The ODEQ accepts submissions using an 
acceptable electronic format or paper submittals 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 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 by electronic database portals.
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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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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.
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    \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.
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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. 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. 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).
    As explained above, the EPA is proposing 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.

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, 2023. This proposed 
delegation to ODEQ extends to sources and activities located in certain

[[Page 30616]]

areas of Indian country, as explained in section XIII above.

XV. 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 proposes to 
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:

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.

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 proposes to approve 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 proposed approval of revisions to the Oklahoma SIP that update 
the Oklahoma NESHAP delegation 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 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.

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, Air pollution control, Administrative 
practice and procedure, 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 30, 2025.
James McDonald,
Director, Air and Radiation Division, Region 6.
[FR Doc. 2025-12800 Filed 7-9-25; 8:45 am]
BILLING CODE 6560-50-P


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