Proposed Rule2025-19989
Air Plan Approval; Oklahoma; Updates to the State Implementation Plan for New Source Review Permitting and General SIP Provisions
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
November 17, 2025
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve identified portions of revisions to the Oklahoma State Implementation Plan (SIP) submitted by the State of Oklahoma designee between 2002 and 2025 to update the Oklahoma New Source Review (NSR) permit program and make general updates to the Oklahoma SIP.
Full Text
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<title>Federal Register, Volume 90 Issue 219 (Monday, November 17, 2025)</title>
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[Federal Register Volume 90, Number 219 (Monday, November 17, 2025)]
[Proposed Rules]
[Pages 51247-51263]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19989]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2024-0031; FRL-12970-01-R6]
Air Plan Approval; Oklahoma; Updates to the State Implementation
Plan for New Source Review Permitting and General SIP Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve
identified portions of revisions to the Oklahoma State Implementation
Plan (SIP) submitted by the State of Oklahoma designee between 2002 and
2025 to update the Oklahoma New Source Review (NSR) permit program and
make general updates to the Oklahoma SIP.
DATES: Written comments must be received on or before December 17,
2025.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2024-0031, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#16617f7a736f3877727f78775673667738717960"><span class="__cf_email__" data-cfemail="b9ced0d5dcc097d8ddd0d7d8f9dcc9d897ded6cf">[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 Adina Wiley, telephone
number (214) 665-2115, email address: <a href="/cdn-cgi/l/email-protection#54233d38312d7a35303d3a35143124357a333b22"><span class="__cf_email__" data-cfemail="aed9c7c2cbd780cfcac7c0cfeecbdecf80c9c1d8">[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="https://www.regulations.gov">https://www.regulations.gov</a>. While all
[[Page 51248]]
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: Adina Wiley, EPA Region 6 Office, Air
Permits Section (ARPE), telephone number: (214) 665-2115, email
address: <a href="/cdn-cgi/l/email-protection#1c6b75707965327d7875727d5c796c7d327b736a"><span class="__cf_email__" data-cfemail="64130d08011d4a05000d0a05240114054a030b12">[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 wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
Section 110 of the Act requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
EPA's National Ambient Air Quality Standards (NAAQS). These ambient
standards are established under section 109 of the Act and they
currently address six criteria pollutants: carbon monoxide, nitrogen
dioxide, ozone, lead, particulate matter, and sulfur dioxide. The
state's air regulations are contained in its SIP, which is basically a
clean air plan. Each state is responsible for developing SIPs to
demonstrate how the NAAQS will be achieved, maintained, and enforced.
The SIP must be submitted to the EPA for approval and any changes a
state makes to the approved SIP also must be submitted to the EPA for
approval. When reviewing SIP submissions, the EPA's role is to approve
state choices provided they meet the criteria of the CAA, and the
applicable federal regulations pertaining to the specific submitted
revision(s) being acted on.
Section 110(a)(2)(C) of the CAA requires states to develop and
submit to the EPA for approval into the SIP, preconstruction review and
permitting programs applicable to certain new and modified stationary
sources of air pollutants for attainment/unclassifiable and
nonattainment areas that cover both major and minor new sources and
modifications, collectively referred to as the NSR SIP. The CAA NSR SIP
program is composed of three separate programs: Prevention of
Significant Deterioration (PSD), Nonattainment New Source Review
(NNSR), and minor NSR. PSD is established in part C of title I of the
CAA and applies in areas that meet the NAAQS--``attainment areas''--as
well as areas where there is insufficient information to determine if
the area meets the NAAQS--``unclassifiable areas.'' The NNSR program is
established in part D of title I of the CAA and applies in areas that
are not in attainment of the NAAQS--``nonattainment areas.'' The minor
NSR program addresses construction or modification activities that do
not emit, or have the potential to emit, beyond certain major source/
major modification thresholds and thus do not qualify as ``major'' and
applies regardless of the designation of the area in which a source is
located. The EPA regulations governing criteria that states must
satisfy for EPA approval of their NSR programs as part of the SIP are
contained in 40 CFR 51.160-51.166. The requirements at 40 CFR 51.160-
51.164 apply generally to all preconstruction permitting programs and
establish the minimum requirements for minor NSR programs that cover
the construction and modification of minor sources and minor
modifications to existing major stationary sources. Requirements
specific to construction of new stationary sources and major
modifications in nonattainment areas are codified in 40 CFR 51.165 for
the NNSR program. Requirements for permitting of new stationary sources
and major modifications in attainment areas subject to PSD, including
additional public participation requirements, are found at 40 CFR
51.166.
Title V of the CAA requires states to develop and submit to the EPA
for approval, operating permit programs for major sources of air
pollution and certain other sources. The EPA regulations governing
criteria that states must satisfy for EPA approval of the title V
permitting programs are contained in 40 CFR part 70.
The Oklahoma air quality permit program addresses the CAA title I
and title V permitting requirements through the Oklahoma implementing
regulations in Oklahoma Administrative Code (OAC), Title 252--
Department of Environmental Quality, Chapter 4--Rules of Practice and
Procedure, and Chapter 100--Air Pollution Control. This proposed
rulemaking will address the following revisions to the Oklahoma SIP to
update the Oklahoma NSR program and make general updates to the
Oklahoma SIP. Portions of the submitted Oklahoma regulations that are
severable and specific to the Oklahoma title V permitting program will
be addressed by the EPA in a separate, title V specific action.
<bullet> By letter dated February 14, 2002, Mr. Brian C. Griffin,
Oklahoma Secretary of Environment, submitted revisions to the Oklahoma
SIP. This submittal was received by the EPA on March 5, 2002. The
submittal includes updates and amendments to Oklahoma Administrative
Code (OAC) 252, Chapter 100. The EPA has acted on all aspects of this
submittal except for the portions pertaining to minor NSR changes at
major NSR sources.
<bullet> By letter dated June 24, 2010, Mr. J.D. Strong, Oklahoma
Secretary of Environment, submitted revisions to the Oklahoma SIP. This
submittal was received by the EPA on June 30, 2010. This proposed
rulemaking addresses the updates and amendments to the Oklahoma major
source permit program at OAC 252:100, Subchapter 8.
<bullet> By letter dated July 16, 2010, Mr. J.D. Strong, Oklahoma
Secretary of Environment, submitted revisions to the Oklahoma SIP. This
submittal was received by the EPA on July 27, 2010. This proposed
rulemaking evaluates the revisions to OAC 252:100-5-1.1 adopted on May
1, 2009, effective July 1, 2009. The EPA has taken separate actions on
all other submitted revisions.
<bullet> By letter dated July 16, 2010, Mr. J.D. Strong, Oklahoma
Secretary of Environment, submitted revisions to the Oklahoma SIP
specific for air permitting. This submittal was received by the EPA on
July 27, 2010. This proposed rulemaking evaluates the revisions to OAC
252:100-8-2 adopted on April 28, 2006, effective on June 15, 2006. The
EPA has taken separate actions on all other submitted revisions.
<bullet> By letter dated February 6, 2012, Mr. Gary Sherrer,
Oklahoma Secretary of Environment, submitted revisions to the Oklahoma
SIP. This submittal was received by the EPA on March 23, 2012. This
proposed rulemaking evaluates the revisions to the Oklahoma major
source permit program at OAC 252:100-8-2 adopted on May 3, 2011,
effective July 1, 2011. The EPA has taken separate actions on all other
submitted revisions.
<bullet> By letter dated January 18, 2013, Mr. Gary Sherrer,
Oklahoma Secretary of Environment, submitted revisions to the Oklahoma
SIP. This submittal was received by the EPA on February 6, 2013. This
proposed rulemaking evaluates the revisions to the Oklahoma major
source permit program at OAC 252:100-8-2 and OAC 252:100-8-4 adopted on
March 29, 2012, effective July 1, 2012. The EPA has taken separate
actions on all other submitted revisions.
<bullet> By letter dated January 8, 2018, Mr. Michael Teague,
Oklahoma Secretary of Energy Environment, submitted revisions to the
Oklahoma SIP. This submittal was received by the EPA on January 12,
2018. This proposed rulemaking evaluates the revisions to the Oklahoma
major source permit program at OAC 252:100-8-2 adopted
[[Page 51249]]
on June 13, 2017, effective September 15, 2017. The EPA has taken
separate actions on all other submitted revisions.
<bullet> By letter dated May 16, 2018, Mr. Michael Teague, Oklahoma
Secretary of Energy and Environment, submitted revisions to the
Oklahoma SIP. This submittal was received by the EPA on May 24, 2018.
This proposed rulemaking evaluates the revisions to OAC 252:4-7-32
adopted March 25, 2003, effective June 1, 2003, and SIP-relevant
portions of Oklahoma statutes. The EPA has taken separate actions on
all other submitted revisions.
<bullet> By letter dated February 2, 2021, Mr. Kenneth Wagner,
Oklahoma Secretary of Energy and Environment, submitted revisions to
the Oklahoma SIP. This submittal was received by the EPA on February 9,
2021. This proposed rulemaking evaluates the revisions to OAC 252:100-
1-2 adopted June 25, 2020, effective September 15, 2020. The EPA has
taken separate action on all other submitted revisions.
<bullet> By letter dated August 22, 2022, Mr. Kenneth Wagner,
Oklahoma Secretary of Energy and Environment, submitted revisions to
the Oklahoma SIP. This submittal was received by the EPA on September
9, 2022. This proposed rulemaking evaluates the revisions to the
Oklahoma minor source permit program at OAC 252:100, Subchapter 7,
effective between 2002 and 2018.
<bullet> By letter dated August 22, 2022, Mr. Kenneth Wagner,
Oklahoma Secretary of Energy and Environment, submitted revisions to
the Oklahoma SIP. This submittal was received by the EPA on September
13, 2022. This proposed rulemaking evaluates the revisions to the
Oklahoma air permit program at OAC 252:4, Subchapter 7 and Appendix C,
and OAC 252:100, Subchapters 1, 7, and 8.
<bullet> By letter dated January 24, 2023, Mr. Kenneth Wagner,
Oklahoma Secretary of Energy and Environment, submitted the 2022 annual
SIP update. This submittal was received by the EPA on January 30, 2023.
This proposed rulemaking evaluates revisions to OAC 252:100,
Subchapters 2, 8, and Appendix Q.
<bullet> By letter dated January 9, 2024, Mr. Ken McQueen, Oklahoma
Secretary of Energy and Environment, submitted the 2023 annual SIP
update. This submittal was received by the EPA on January 16, 2024.
This proposed rulemaking evaluates revisions to OAC 252:100,
Subchapters 2, 5, and Appendix Q.
<bullet> By letter dated May 23, 2025, Mr. Jeff Starling, the
Oklahoma Secretary of Energy and Environment submitted the 2024 annual
update to the Oklahoma SIP to update provisions in OAC 252:100,
Subchapters 2, 17, 23, 35 and Appendix Q. This submittal was received
by the EPA on May 30, 2025. The EPA is addressing the entirety of this
submittal.
<bullet> By letter dated May 23, 2025, Mr. Jeff Starling, the
Oklahoma Secretary of Energy and Environment submitted revisions to OAC
252:100-1-3, OAC 252:100-7-1.1, OAC 252:100-7-2, OAC 252:100-7-15, and
OAC 252:100-8-4 adopted on June 21, 2022, effective on September 15,
2022. These submitted revisions update the Oklahoma permitting program
to provide for construction prior to minor NSR permit issuance. This
submittal was received by the EPA on May 30, 2025.
II. The EPA's Evaluation
The accompanying Technical Support Document for this action
includes a detailed analysis of the submitted revisions to the Oklahoma
SIP which are the subject of this proposed rulemaking. Our analysis
indicates that each SIP revision was developed in accordance with the
CAA and the State provided reasonable notice and public hearing.
Therefore, the EPA proposes to find that each SIP revision evaluated in
this action addresses the first requirement of CAA section 110(l) to be
developed and adopted by a State after reasonable notice and public
hearing. Following is a summary of the EPA's technical evaluation.
A. Overview of the Oklahoma Air Quality Permit Program
The Oklahoma air quality permit source universe is defined first by
a source's applicability under the title V operating permit program. A
source that is a major title V source is permitted under OAC 252:100-8,
Permits for part 70 sources and major NSR sources. The provisions at
OAC 252:100-8 establish construction and operating permit requirements
for sources required to have a title V operating permit. These
provisions include major NSR requirements for new major stationary
sources and major modifications to existing stationary sources in
attainment and nonattainment areas and minor NSR requirements for minor
modifications to existing major stationary sources in attainment and
nonattainment areas. A source that is not subject to title V
requirements is a minor source and is permitted under OAC 252:100-7,
Permits for Minor Facilities. The provisions at OAC 252:100-7 establish
the construction and operating permit requirements for minor sources,
including minor NSR requirements for new minor sources and
modifications to existing minor sources.
The Oklahoma permit program further classifies permit actions into
a Tier category established through the Oklahoma Uniform Environmental
Permitting Act and implemented in OAC 252:4. The three Tier categories
define the degree of public participation and the level of decision
making within the state agency, with Tier I the lowest level and Tier
III the highest degree of public participation and decision making.
Tier I applications are noticed by the Oklahoma DEQ on the agency
website. Tier II and III applications are noticed by the applicant in a
newspaper of general circulation and provided for notice on the
Oklahoma DEQ website.
The Oklahoma major source program at OAC 252:100-8 has two types of
construction and operating permits for major facilities: general
permits and individual permits. The Subchapter 8 general permit program
applies to facilities with actual emissions of 100 tons per year (TPY)
or more of any one regulated air pollutant in an industry group for
which a general permit has been issued. Major facilities that do not
qualify for a general permit shall obtain an individual permit. Permits
for new major stationary sources, including new PSD sources, are
classified as Tier III under OAC 252:4-7-34. Significant modifications
to existing major source permits are classified as Tier II under OAC
252:4-7-33. Minor modifications to existing major source permits are
classified as Tier I under OAC 252:4-7-32.
The Oklahoma minor source program at OAC 252:100-7 has three types
of construction and operating permits for minor facilities: a permit by
rule (PBR), a general permit, and an individual permit. The PBR program
applies to facilities emitting less than 40 tons per year (TPY) of any
regulated pollutant, in an industry group for which a rule has been
promulgated. The general permitting program applies to facilities
emitting between 40 TPY and 100 TPY, in an industry group for which a
general permit has been issued. Minor facilities which do not qualify
for either a PBR or general permit shall obtain an individual permit.
Sources may be exempt from permitting requirements if they qualify as a
de minimis facility, a permit exempt facility, or meet the exemptions
for emergency generators and gasoline dispensing facilities. Generally,
permit actions taken under OAC 252:100, Subchapter 7 are classified as
Tier I under OAC 252:4-7-32; including, new construction, operating,
and relocation permits for minor sources and modifications to existing
permits where the facility remains minor after the change.
[[Page 51250]]
Modifications where a minor facility will become subject to the
requirements of OAC 252:100, Subchapter 8 are classified as Tier II
under OAC 252:4-7-33. Additionally, a part 70 source subject to OAC
252:100, Subchapter 8 that takes a synthetic minor limit to limit its
potential to emit such that it is a minor source permitted under OAC
252:100, Subchapter 7 will also be permitted as a Tier II action under
OAC 252:4-7-33.
B. Evaluation Revisions OAC 252:100, Subchapter 8 for Major NSR
Requirements
The Oklahoma regulations at OAC 252:100, Subchapter 8 establish the
requirements for Permits for part 70 sources and major new source
review (NSR) sources. The current SIP-approved provisions are available
at 40 CFR 52.1920(c). This proposed rulemaking evaluates the revisions
to the Oklahoma major source permit program at OAC 252:100, Subchapter
8 and the corresponding revisions at OAC 252:4 that have been submitted
since the last EPA actions.
1. Enhanced NSR
Enhanced NSR is a permit streamlining mechanism created by the EPA
in the July 21, 1992, final rule promulgating the title V program at 40
CFR 70.7(d)(1)(v). This mechanism provides that requirements from an
NSR permit may be incorporated into a title V permit via an
administrative amendment without public notice if the NSR permit was
issued under an EPA-approved construction program that has been
enhanced such that the procedural requirements are substantially
equivalent to the requirements of 40 CFR 70.7 and 70.8 that would be
applicable to the change if it were subject to review as a permit
modification, and compliance requirements substantially equivalent to
those in 40 CFR 70.6.
On September 13, 2022, Oklahoma submitted revisions to OAC 252:4
and OAC 252:100, Subchapter 8 adopted on June 11, 2021, effective
September 15, 2021. These revisions update the existing program
requirements to create two clearly defined pathways for issuance of the
NSR and part 70 operating permits--traditional NSR and enhanced NSR.
The traditional NSR process, defined in OAC 252:100-8-2, is required
for any facility without a part 70 operating permit but can also be
used by other applicants that do not want to use the enhanced NSR
process. The traditional NSR process provides the EPA and the public a
30-day review and comment period for the draft NSR permit, after which,
the Oklahoma DEQ responds to the comments and issues the final NSR
permit. This is followed by the separate issuance process for the part
70 operating permit that starts with submittal of the operating permit
application and proceeds through a 30-day public review of the draft
operating permit. The Oklahoma DEQ will review and respond to comments
and revise the draft permit if necessary. The proposed operating permit
is then provided to the EPA for a 45-day review period. The Oklahoma
DEQ will issue the final operating permit upon expiration of the EPA's
45-day review period or notice that the EPA will not object to the
proposed part 70 operating permit. The Oklahoma part 70 program allows
for concurrent review of the part 70 permit where the public's 30-day
review and the EPA's 45-day review periods run concurrently on the
draft operating permit. If the Oklahoma DEQ receives significant
comments, the time clock for EPA's 45-day review period will stop until
the Oklahoma DEQ responds to comments and provides the EPA with a
proposed permit for an additional 45-day review. The enhanced NSR
process, also defined in OAC 252:100-8-2, is a streamlined process only
available to sources with existing part 70 operating permits. In the
Oklahoma enhanced NSR process, the terms and conditions of the NSR
permit may be incorporated into an existing title V permit via an
administrative amendment if the NSR permit satisfies the necessary
title V procedural requirements.
The EPA's full approval of the Oklahoma Operating Permits Program
on December 5, 2001, reviewed and found the permitting requirements in
OAC 252:100, Subchapter 8 consistent with the requirement of 40 CFR
part 70, including the requirements in 40 CFR 70.6, 70.7, and 70.8, in
our December 5, 2001. See 66 FR 63171. New requirements at OAC 252:4-7-
13(g)(4) submitted September 13, 2022, specify that modifications to an
existing part 70 source operating permit may be issued without further
public review if the modification accommodates a change for which no
construction permit is required or is based on a construction permit
that is issued on the enhanced NSR pathway. The public notice for the
construction permits on the enhanced NSR pathway must contain language
that states the permit is subject to EPA review, EPA objection, and
petition to EPA as provided in OAC 252:100-8-8 and 40 CFR 70.8; the
operating permit modification will be issued without further public
notice and comment if the operating permit as modified has conditions
which do not differ significantly from the construction permit's
operating conditions in any way that would be considered significant,
and the public will not receive another opportunity to provide comments
when the modified operating permit is issued. Under the Oklahoma
enhanced NSR process, the EPA has 45 days to review and, if necessary,
object to the terms and conditions of the construction permit that are
based on the requirements of 40 CFR part 70 (e.g., the enhancements
made to satisfy 40 CFR 70.6). If the EPA objects, the Oklahoma DEQ has
the discretion to complete the review and issuance of the NSR
construction permit under the traditional NSR pathway. The Oklahoma DEQ
would then work with the EPA to resolve any objection on the operating
permit requirements prior to the issuance of the operating permit.
The EPA's evaluation of the Oklahoma enhanced NSR process has shown
that NSR permits issued through this process meet the requirements
substantially equivalent to the requirements of 40 CFR 70.6, 70.7 and
70.8. Therefore, the EPA proposes that the Oklahoma enhanced NSR
process is consistent with the flexibility provided in 40 CFR
70.7(d)(1)(v) and is approvable.
2. Reasonable Possibility in Recordkeeping
On January 24, 2023, Oklahoma submitted revisions to OAC 252:100-8-
36.2 adopted on June 21, 2002, effective September 15, 2022. The new
provisions at OAC 252:100-8-36.2(c)(2)(A)(i) and (ii) establish the
criteria for determining when a ``reasonable possibility'' exists for
projects at existing emissions units that rely on projected actual
emissions for major NSR applicability determinations under the Oklahoma
PSD program.
The EPA promulgated the actual-to-projected-actual methodology for
major NSR applicability determinations in the 2002 NSR Reform Rule (67
FR 80186, December 31, 2002). In this final rule, we required that if a
source calculates its projected actual emissions below major NSR
significance levels, the source was required to comply with
recordkeeping and reporting requirements if there was a ``reasonable
possibility'' that the project would result in a significant emissions
increase. However, the EPA did not define or establish the criteria for
determining when a ``reasonable possibility'' would exist.
The EPA's December 21, 2007, final rule clarifies that a that a
``reasonable possibility'' exists when the projected
[[Page 51251]]
increase in emissions equals or exceeds 50 percent of the significance
levels for any pollutant (72 FR 72607, December 21, 2007). Using this
clarification, pre-change recordkeeping and post-change recordkeeping
and reporting requirements apply to any project that uses the actual-
to-projected-actual applicability test to demonstrate the modification
is not subject to PSD or NNSR, but the projected emissions are at least
50 percent of the significance levels.
Oklahoma revised the Oklahoma PSD program in response to the EPA's
December 31, 2002, and December 21, 2007, final rules. The new
provisions at OAC 252:100-8-36.2(c) in the Oklahoma PSD program differs
from the federal PSD provisions at 40 CFR 51.166(r)(vi)(A) and (B) in
the scope of the ``reasonable possibility'' provisions. The federal
requirements require pre-change recordkeeping and pre- and post-change
recordkeeping and reporting only when a ``reasonable possibility''
exists. The Oklahoma PSD program at OAC 252:100-8-36.2(c)(1) requires
pre-change recordkeeping for all projects using the actual-to-
projected-actual applicability methodology, regardless of whether the
``reasonable possibility'' criteria are satisfied. Post-change
recordkeeping and reporting requirements apply to projects using the
actual-to-projected-actual applicability test and where the
``reasonable possibility'' criteria are satisfied. The EPA proposes to
find that the revisions to the Oklahoma PSD program at OAC 252:100-8-
36.2(c) to adopt and implement the ``reasonable possibility'' criteria
are approvable as satisfying the federal requirements at 40 CFR
51.166(r)(vi)(A) and (B).
3. Expansions to Public Notice
On September 13, 2022, Oklahoma submitted revisions to OAC 252:4
that expand and enhance the public notice requirements for sources
subject to OAC 252:100, Subchapter 8. New provisions at OAC 252:4-7-
13(g)(6) require the Oklahoma DEQ to publish notice on the agency
website and provide a 30-day opportunity for comment on draft
individual construction permits and modifications to construction
permits that are classified as Tier II or III. This requirement for
electronic posting by the Oklahoma DEQ is in addition to the existing
SIP-approved requirement at OAC 252:100(g)(1) that requires the
applicant to provide notice in a newspaper of general circulation. The
new requirement at OAC 252:4-7-13(g)(6) expands on the existing public
notice provisions and establishes the electronic notice posting from
the Oklahoma DEQ as the ``consistent noticing method'' in 40 CFR
51.166(q)(2)(iii). Revisions to OAC 252:4-7-33(b) clarify that new
operating permits for part 70 sources are processed as a Tier II
application and subject to public notice. The EPA proposes to find that
the revisions to public notice and procedural processes for major
source permits are approvable as satisfying the federal requirements
for public notice.
4. General Updates to Major Source Permit Requirements
Oklahoma has submitted several revisions to the definitions for the
OAC 252:100, Subchapter 8 permit program. Many of the submitted
revisions are non-substantive to address formatting or grammar updates
or provide clarifications to existing SIP-approved definitions. The
EPA's evaluation of these non-substantive definition changes is
presented in the TSD. We provide our evaluation of the substantive
definition changes below.
<bullet> On July 16, 2010, Oklahoma submitted the new definition of
``begin actual construction'' at OAC 252:100-8-2 as adopted on April
28, 2006, effective June 15, 2006. This definition applies broadly to
the major source permit program and is relied on for the issuance
process under Subchapter 8; OAC 252:100-8-4(a) requires that no major
source may begin actual construction without obtaining a construction
permit. This definition is approvable for proper implementation of the
Oklahoma air permitting program. The Oklahoma PSD program contains a
separate, SIP-approved definition for begin actual construction that is
not revised by the general definition in OAC 252:100-8-2.
<bullet> Oklahoma submitted revisions to the definition of ``Major
source'' at OAC 252:100-8-2 adopted on March 25, 2003, March 24, 2009,
and June 13, 2017. The definition of ``Major source'' as revised
through the January 8, 2018, submission is approvable. This definition
is used for determining applicability of the Subchapter 8 permitting
rules and is consistent with the major source definition at 40 CFR
70.2. This definition is necessary for proper implementation of the
Oklahoma air permitting program. The Oklahoma PSD program contains a
separate, SIP-approved definition for major stationary source that is
not revised by this definition in OAC 252:100-8-2.
<bullet> Oklahoma submitted revisions to the definition of
``Subject to regulation'' at OAC 252:100-8-2 on February 6, 2012,
January 18, 2023, and January 8, 2018. The definition of ``Subject to
regulation'' as revised through the January 8, 2018, submittal is
approvable as consistent with the requirements of 40 CFR 70.2. The
Oklahoma PSD program has a separate, SIP-approved definition of
``Subject to regulation'' that is not revised by the definition in OAC
252:100-8-2.
On June 24, 2010, and September 13, 2022, Oklahoma submitted
revisions to OAC 252:100-8-5, Permit applications. The revisions
adopted March 25, 2003, effective June 1, 2003, update internal cross-
references and make non-substantive corrections to grammar and
formatting. The EPA proposes to find these updates are necessary for
proper implementation of the Oklahoma SIP and permitting program. The
revisions adopted June 11, 2021, effective September 15, 2021,
establish new requirements at OAC 252:100-8-5(d)(3) that promote
clarity in the permitting process. This new provision requires that
construction applications for modifications at existing sources must
specify whether the application is using the enhanced NSR or
traditional NSR process. This provision will allow the public, state,
and EPA to more effectively review and participate in the permit
process. The EPA proposes to approve this update as necessary for the
proper implementation of the Oklahoma SIP and permitting program.
On June 24, 2010, Oklahoma submitted revisions to OAC 252:100-8-6,
Permit content, adopted on March 30, 2005, effective June 15, 2005.
These revisions update internal cross-references and make non-
substantive corrections to grammar and formatting. The EPA proposes to
find these updates are necessary for proper implementation of the
Oklahoma SIP and permitting program.
On June 24, 2010, Oklahoma submitted revisions to the general
permits regulations at OAC 252:100-8-6.1. The revisions adopted on
March 30, 2005, effective June 15, 2005, update citations for internal
cross-references. The EPA proposes to find these updates are necessary
for proper implementation of the Oklahoma SIP and permitting program.
On June 24, 2010, Oklahoma submitted revisions to OAC 252:100-8-7.1
to update the provisions for permit issuance for Subchapter 8 permits.
The revisions adopted on March 30, 2005, effective June 15, 2005,
update the citations for internal cross-references. The EPA proposes to
find these updates are necessary for proper implementation of the
Oklahoma SIP and permitting program.
On June 24, 2010, and September 13, 2022, Oklahoma submitted
revisions to
[[Page 51252]]
OAC 252:100-8-7.2, Administrative permit amendments and permit
modifications. The revisions adopted on March 25, 2003, effective June
1, 2003, update citations for internal cross references throughout OAC
252:100-8-7.2. The revisions adopted on June 15, 2021, effective
September 15, 2021, establish at OAC 252:100-8-7.2(a)(1)(E) that an
administrative amendment can be used to include the preconstruction
requirements from an enhanced NSR permit into an existing part 70
operating permit. This revision ensures that the enhanced NSR process
is only used for existing operating permits and cannot be used to issue
an initial part 70 operating permit. The EPA proposes to find these
updates are necessary for proper implementation of the Oklahoma SIP and
permitting program.
On June 24, 2010, and September 13, 2022, Oklahoma submitted
revisions to OAC 252:100-8-8 to update the provisions for permit review
by EPA and affected states. In the June 24, 2010, submittal, Oklahoma
provided rules adopted on March 28, 2002, effective June 1, 2002, that
expand the applicability of the section to all Subchapter 8 permit
actions, except for administrative permit amendments, and expand the
requirements for transmission of part 70 applications and draft
permits. In the September 13, 2022, submittal, Oklahoma revised the
existing requirements at OAC 252:100-8-8(f), (h) and (i) to clarify how
the enhanced NSR permit pathway interacts with the title V authorities
for EPA objection and petition. The EPA proposes to find these updates
are necessary for proper implementation of the Oklahoma SIP and
permitting program.
On January 24, 2023, Oklahoma submitted revisions to OAC 252:100-8-
36.1 adopted on June 21, 2022, effective September 15, 2022. These
revisions update citations to Oklahoma statutes providing for public
notice. The EPA proposes to find these non-substantive edits are
necessary for proper functionality of the Oklahoma SIP.
5. Removal of Title V Elements From the SIP
The Oklahoma major source permit program at OAC 252:100, Subchapter
8 is structured such that elements of the Oklahoma NSR and title V
permitting programs overlap, including essential elements related to
applicability, public notice and procedural permit issuance processes.
The EPA's November 26, 2010, final action on OAC 252:100, Subchapter 8
approved the program elements of the Oklahoma title V program into the
Oklahoma SIP to prevent inadvertent omission of essential requirements.
The EPA continues to believe this is appropriate because of the shared
structure of the permit process. However, after reviewing the current
SIP-approved regulations, the EPA has determined the Oklahoma SIP does
not need to include provisions related to the Acid Rain Program. The
Acid Rain Program is implemented solely in title V and through title V
permits. Therefore, the state's removal of these provisions is
appropriate and the EPA proposes to remove the following provisions
from the Oklahoma SIP:
<bullet> Definitions of ``affected source,'' ``affected unit,''
paragraph (E) of ``applicable requirement,'' ``designated
representative,'' ``responsible official,'' ``small unit,'' and
``unit'' from OAC 252:100-8-2,
<bullet> OAC 252:100-8-4(b)(9), Requirements for construction and
operating permits--Phase II acid rain permits,
<bullet> OAC 252:100-8-6(a)(5), Permit applications--Standard
permit requirements--Title IV allowances, and
<bullet> OAC 252:100-8-2 OAC 252:100-8-6.3, Special provisions for
affected (acid rain) sources.
C. Evaluation of OAC 252:100, Subchapter 8 for Minor NSR Requirements
The permitting program at OAC 252:100, Subchapter 8 is not
currently approved for minor NSR. In this section, the EPA first
presents our evaluation of how the provisions in OAC 252:100,
Subchapter 8 (existing SIP requirements currently applicable to major
NSR and newly submitted provisions) and the necessary procedural
requirements at OAC 252:4 satisfy the requirements for SIP-approval as
a minor NSR program. The EPA regulations governing the criteria that
states must satisfy for EPA SIP approval of regulations specific to
minor NSR programs are contained in 40 CFR 51.160-51.164. We also
provide our evaluation of specific features of the Oklahoma minor NSR
program that have been recently adopted for sources subject to OAC
252:100, Subchapter 8.
1. Evaluation of OAC 252:100-8 as a Minor NSR Program
An approvable minor NSR program must include legally enforceable
procedures that enable the permitting authority to determine whether
the construction or modification of a source will result in a violation
of applicable portions of the control strategy or interfere with
attainment or maintenance of a NAAQS, 40 CFR 51.160(a). The Oklahoma
permitting program at OAC 252:100, Subchapter 8 is required by the
Oklahoma Uniform Environmental Permitting Act. The Oklahoma DEQ is
required by Oklahoma statute to develop and implement a construction
permitting program to protect air quality.
The minor NSR program must include the means the permitting
authority will use to prevent such construction or modification if it
would result in a violation of applicable portions of a control
strategy or interfere with the attainment or maintenance of a NAAQS, 40
CFR 51.160(b). The Oklahoma regulations at OAC 252:100, Subchapter 8
and OAC 252:4 establish the procedural requirements for the
construction permit process and the associated public notice process.
Applications for construction permits are required to submit the
information required under 40 CFR 51.160(c) through OAC 252:100-8-5,
which requires applications to include the site information, process
description, and emission data. Applicants are also required to correct
or supplement applications as requested by the Oklahoma DEQ.
The Oklahoma regulations at OAC 252:100-8-4(a) require that sources
with existing part 70 operating permits obtain construction permits for
the commencement of any physical change or change in the method of
operation that, for any one regulated pollutant, would increase
potential to emit by more than 10 TPY. These provisions address the
requirements of 40 CFR 51.160(e) to identify the types and sizes of
facilities, buildings, structures, or installations subject to the
minor NSR program.
The Oklahoma regulations address the requirements for air quality
data and modeling at 40 CFR 51.160(f). Construction permit applications
at OAC 252:100-8-5(d) must include modeling data when required by the
Oklahoma DEQ. The Oklahoma SIP at OAC 252:100, appendix Q incorporates
by reference the EPA's appendix W to 40 CFR part 51, the Guideline on
Air Quality Models.
A minor NSR program must include public notice as prescribed in 40
CFR 51.161. Construction permits for minor NSR changes at sources
subject to OAC 252:100, Subchapter 8 are classified as Tier I at OAC
252:4-7-32. The Oklahoma DEQ is required at OAC 252:4-7-13(g)(7) to
prepare and post on the agency website notices of the opportunity for
30-day public comment period for Tier I individual construction permits
and construction permit modifications. In the Spring 2025 Unified
Agenda of Regulatory and
[[Page 51253]]
Deregulatory Action, the EPA has included ``New Source Review (NSR)
Program Public Participation Requirements for State Implementation
Plans'' RIN: 2060-AV67.\1\ This action pertains to the EPA's federal
rules for SIPs at 40 CFR 51.160-51.164, which apply to the
preconstruction permitting programs of state and local air pollution
agencies. The purpose of this rulemaking would be to address minimum
requirements for public participation in the administration of minor
source NSR programs.
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\1\ The Spring 2025 Unified Agenda of Regulatory and
Deregulatory Actions is available at <a href="https://www.reginfo.gov/public/do/eAgendaMain">https://www.reginfo.gov/public/do/eAgendaMain</a>.
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As required by 40 CFR 51.162, the Oklahoma SIP at OAC 252:4-7-1
identifies the Oklahoma DEQ as the State agency with the responsibility
for implementing the Oklahoma Uniform Environmental Permitting Act. The
regulations at OAC 252:4, Subchapter 7 and OAC 252:100, Subchapter 8
are the implementing regulations used by the Oklahoma DEQ to implement
the Oklahoma Uniform Environmental Permitting Act and the requirements
of NSR permitting, including minor NSR permitting.
A minor NSR program is required under 40 CFR 51.163 to include
administrative procedures that will be followed in making the
determination under 40 CFR 51.160(a). OAC 252:4, Rules of Practice and
Procedure, provides the administrative procedures for permit issuance,
public notice, and administrative proceedings used by the Oklahoma DEQ
for permit issuance, including the issuance of minor NSR construction
permits at major sources subject to OAC 252:100, Subchapter 8.
A minor NSR program must address the stack height procedures of 40
CFR 51.164. The SIP-approved requirements at OAC 252:100-8-1.5 satisfy
the requirements at 40 CFR 51.164 and apply generally to all Subchapter
8 permit actions, including the minor NSR actions taken at major
sources.
The EPA proposes to find that the Oklahoma SIP at OAC 252:4,
Subchapter 7 and OAC 252, 100, Subchapter 8 satisfy the minor NSR
requirements of CAA section 110(a)(2)(C) and 40 CFR 51.160-51.164.
On May 16, 1994, the Governor of Oklahoma submitted a
recodification of the existing Oklahoma regulations as a revision to
the Oklahoma SIP. In this recodification, the air permit program
requirements at Regulation 1.4.1 and 1.4.2 were replaced with the new
air permitting requirements at OAC 252:4, OAC 252:100, Subchapters 7
and 8. The EPA has taken actions to review and approve most of the
recodification of the air program. However, as noted in 40 CFR
52.1920(c), the current SIP still retains the provisions at Regulations
1.4.1(a)-(c) and 1.4.2(a)-(d), (f), and (g) for minor NSR permitting
under OAC 252:100, Subchapter 8. Our evaluation presented in this
proposed rulemaking has shown that the submitted revisions to OAC 252:4
and OAC 252:100, Subchapter 8 satisfy the requirements for minor NSR
permitting. Therefore, the EPA proposes to remove Regulations 1.4.1(a)-
(c) and 1.4.2(a)-(d), (f), and (g) from the Oklahoma SIP.
The current Oklahoma SIP includes provisions from OAC 252:4
establishing the procedural rules for the Oklahoma air permit programs
for minor NSR permitting under OAC 252:100, Subchapter 7 and for major
NSR permitting under OAC 252:100, Subchapter 8. Our evaluation
presented in this proposed rulemaking has shown that the submitted
revisions to OAC 252:4 and OAC 252:100, Subchapter 8 satisfy the
requirements for minor NSR permitting. Therefore, the EPA proposes to
find that the procedural requirements at OAC 252:4-7-1-OAC 252:4-7-19
are applicable to the entirety of the Oklahoma air permit program. The
EPA proposes to update the amendatory language table at 40 CFR
52.1920(c) to reflect this finding and remove the comments from the
Explanation column.
2. Minor NSR Threshold for Major Source Permits
On September 13, 2022, Oklahoma submitted new provisions at OAC
252:100-8-4(a)(1)(B)(iv) that require sources with existing part 70
operating permits to obtain a minor NSR construction permit for any
physical change or change in the method of operations that would
increase the potential to emit in excess of 10 TPY of any one regulated
pollutant. Projects below this threshold are exempt from the
requirement to obtain a minor NSR construction permit but must still
comply with the requirements to obtain a modification to the part 70
operating permit.
The new provisions at OAC 252:100-8-4(a)(1)(B)(iv) require that
physical changes or changes in the method of operation will be
evaluated and permitted as minor NSR construction changes. These minor
NSR changes will continue to be subject to the SIP-approved permit
application requirements at OAC 252:100-8-5 and permit content
requirements at OAC 252:100-8-6, and the Oklahoma DEQ will continue to
issue the minor NSR construction permit using the SIP-approved
procedural requirements in OAC 252:4. The new requirements at OAC
252:4-7-13(g)(7) ensure that the minor NSR construction modifications
will be available for review on the agency website for 30 days.
State agencies have broad discretion to determine the scope of the
state's minor NSR program. Each state program at 40 CFR 51.160(e) will
identify the types and sizes of facilities, buildings, structures or
installations that will be subject to review. Prior to the September
13, 2022, SIP submittal, the Oklahoma permit program allowed sources
with existing part 70 operating permits to make construction changes
directly through a minor modification to the title V permit; meaning,
major sources were making minor NSR changes without the appropriate NSR
permitting mechanism or public notice. The addition of the 10 TPY
permit threshold defines the scope of the Oklahoma minor NSR program,
thus requiring activities above the permit threshold that were
previously not evaluated as minor NSR modifications to be subject to
the minor NSR requirements for application, public notice, permit
content, and permit processing.
The September 13, 2022, SIP submittal included the Oklahoma DEQ
technical justification for the 10 TPY threshold. The Oklahoma DEQ
conducted a review of the prior five years of title V minor
modifications from 2016-2020. This review found that of the 199 title V
minor modifications issued during the 5-year window, 136 (68%) would
have been below the permitting threshold and been exempted from the
requirement to obtain a construction permit. However, 94% of the
emission increases from the 199 title V minor modifications were
associated with minor modifications that would not have been exempted
from the preconstruction permit requirements. If the 10 TPY permit
threshold had been in place during this 5-year period, the Oklahoma DEQ
construction permit review and public notice process would have applied
to minor NSR changes that represented most of the emission increases
from minor modifications. The Oklahoma DEQ also presented air quality
data from 2000-2020. During this time, the state of Oklahoma was, and
continues to be, in attainment for all criteria pollutants. The EPA
preliminarily concludes that the previous exemption from construction
permitting did not worsen air quality in the State or result in an area
going into nonattainment. The EPA proposes to find that the addition of
the 10 TPY permit threshold for minor NSR will strengthen the Oklahoma
SIP and
[[Page 51254]]
further the goals of protecting air quality by clearly defining the
projects that qualify as modifications that will be subject to
preconstruction review and public notice in Oklahoma.
3. Construction Activities Prior to Issuance of a Minor NSR Permit at a
Major Source
On May 30, 2025, Oklahoma submitted new provisions at OAC 252:100-
8-4(a)(1)(A), (a)(1)(B) and (a)(1)(D) that allow for construction prior
to permit issuance of a minor NSR construction permit at a Subchapter 8
major source. Under these new provisions, after an applicant submits an
administratively complete minor NSR permit application, the applicant
may ``begin construction up to, but not including, making any new,
modified, or reconstructed unit operational such that it has the
ability to emit any regulated air pollutant.'' (OAC 252:100-8-
4(a)(1)(D)). The new provisions further establish that the construction
is at the applicant's risk and expense, the Oklahoma DEQ retains the
authority to deny any permit application, and the provision does not
exempt the source from any applicable federal requirements such as NSPS
or NESHAP.
Section 110(a)(2)(C) of the CAA requires that SIPs include a
program for regulating the construction and modification of stationary
sources as necessary to ensure that the NAAQS are maintained. Federal
regulations at 40 CFR 51.160(b) require states to have legally
enforceable procedures to prevent construction or modification of a
source if it would violate any SIP control strategies or interfere with
attainment or maintenance of the NAAQS. Federal regulations limit the
types of allowed preconstruction activities for new and modified major
sources at 40 CFR 51.165(a)(1)(xv), 51.166(b)(11), and 52.21(b)(11),
but there is no corresponding limitation on preconstruction activities
for minor sources. The EPA proposes to find that these provisions are
acceptable under the minor NSR requirements of CAA section 110(a)(2)(C)
and 40 CFR 51.160-51.164. The new provisions are explicitly limited to
the minor NSR program, and the Oklahoma DEQ retains the authority to
deny permit applications and will use the existing SIP-approved permit
review process to ensure the continued protection and maintenance of
the NAAQS and any other SIP control strategies.
4. Section 110(l) Evaluation of Revisions to OAC 252:100, Subchapter 8
CAA section 110(l) states that the ``Administrator shall not
approve a revision of a plan if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress (as defined in section 171), or any other applicable
requirement of the Act.'' For purposes of the analysis under CAA
section 110(l), we have considered the overall impact of the revisions
to the major source permitting program at OAC 252:100, Subchapter 8.
Many of the submitted changes enhance the major source program within
the Oklahoma SIP but do not have direct impacts on emissions or air
quality; for example, expansions of public notice requirements for
minor NSR permitting, additional recordkeeping and reporting when there
is a ``reasonable possibility'' a project results in a significant
emissions increase, and clarifications on how permit materials are
transmitted to the EPA. Other submitted revisions to update definitions
to maintain consistency with federal requirements or make other non-
substantive edits to update the program regulations are necessary to
ensure functionality of the Oklahoma program but will have no impact on
air quality. For the minor NSR permit threshold, the EPA reviewed
emissions data and air quality trends submitted by the State for 2016-
2020. This analysis demonstrated that the minor NSR permit threshold
would not adversely impact air quality. The EPA is proposing to find
that the submitted revisions to OAC 252:100, Subchapter 8 will not
interfere with attainment, reasonable further progress or any other
applicable requirement of the Act.
D. Evaluation of Revisions to OAC 252:100, Subchapter 7 for Minor NSR
Requirements
The Oklahoma Minor Source program at OAC 252:100, Subchapter 7 was
SIP-approved by the EPA on May 15, 2017, at 82 FR 22281. This proposed
rulemaking evaluates the revisions to the Oklahoma minor source permit
program at OAC 252:100, Subchapter 7, effective between 2002 and 2022,
submitted September 9, 2022, September 13, 2022, and May 30, 2025. We
also include in this evaluation the procedural and public notice
revisions at OAC 252:4, that have been submitted in support of the
minor NSR requirements.
1. Exemptions From Minor NSR Permitting for Minor Sources
The EPA's minor NSR regulations at 40 CFR 51.160-51.164 provide
permitting authorities the latitude to design and implement a minor NSR
program specific to the needs of the state. As provided in the Oklahoma
SIP at OAC 252:100-7-2(a), a permit is required before a person may
commence construction or modification of any minor facility, operate
any new minor facility, or relocate any minor portable source.
Exemptions from the requirement to obtain a minor source permit are
provided at OAC 252:100-7-2(b). The Oklahoma SIP only includes
exemptions for de minimis facilities. Oklahoma has submitted additional
exemptions from minor source permitting that EPA will evaluate in this
proposed rulemaking for permit exempt facilities, emergency engines at
residential and school facilities, and gasoline dispensing facilities
with throughput of less than 100,000 gallons per month.
The criteria for de minimis facilities at OAC 252:100-7-2(b)(1)
were updated in 2004, 2005, 2008 and 2016. The revisions adopted in
2004, 2005, and 2008 make non-substantive revisions to correct
formatting and update the internal cross-references to the Oklahoma air
quality control rules that continue to apply to de minimis facilities.
The revision adopted on June 9, 2016, effective September 15, 2016,
adds new OAC 252:100-7-2(b)(1)(E) to require de minimis facilities
comply with the SIP-approved provisions at OAC 252:100-5, Registration,
Emission Inventory, and Annual Operating Fees. The SIP-approved
provision at OAC 252:100-5-2.1(a)(3) specifies de minimis facilities
are exempt from annual emission inventory requirements unless the
annual emissions exceed the emission thresholds listed in table 1 in
appendix A to subpart A of 40 CFR part 51. If these thresholds are
exceeded, the de minimis facility is subject to emission inventory
reporting requirements. These submitted revisions to the de minimis
facilities criteria at OAC 252:100-7-2(b)(1) are approvable. These
revisions are necessary to ensure the proper implementation of the SIP
and the new emission inventory requirements will allow the Oklahoma DEQ
to monitor the de minimis facilities and ensure the exemption continues
to be protective of air qualtiy.
The permit exempt category was initially adopted April 28, 2004,
effective June 11, 2004. Revisions to the permit exempt category were
adopted on June 9, 2016, and June 11, 2021. The permit exempt facility
category was established by the Oklahoma DEQ to streamline the minor
source permit program and establish a threshold below which facilities
would be exempt from minor source permitting requirements. A permit
exempt facility is defined at OAC 252:100-7-1.1 as a facility that has
[[Page 51255]]
actual emissions in every calendar year that are 40 TPY or less of each
regulated pollutant. A permit exempt facility cannot be subject to any
major source permitting requirement under OAC 252:100-8, New Source
Performance Standards in 40 CFR part 60, or National Emissions
Standards for Hazardous Air Pollutants at 40 CFR part 63. New
provisions at OAC 252:100-7-2(b)(2) exempt permit exempt facilities
from the permitting requirements of OAC 252:100-7; permit exempt
facilities remain subject to all other applicable State and Federal air
quality rules and standards such as toxics and fugitive dust controls
and applicable provisions that implement 40 CFR part 60 emission
guidelines for existing sources. Permit exempt facilities are exempted
from the requirement to submit an annual emission inventory. However,
the SIP-approved provision at OAC 252:100-5-2.1(a)(3) specifies that a
permit exempt facility will be subject to emission inventory reporting
requirements if the annual emissions for the permit exempt facility
exceed the emission thresholds listed in table 1 in appendix A to
subpart A of 40 CFR part 51. The Oklahoma SIP at OAC 252:100-5-2.1(4)
also provides the Oklahoma DEQ Director the authority to request that
any facility, including a permit exempt facility, file an emission
inventory when the data is necessary for planning or determining
compliance with State or Federal requirements.
Emergency engines are defined in OAC 252:100-7-1.1 as a stationary
engine used to resume essential operations or ensure safety during
sudden and unexpected occurrences including but not limited to a loss
of electrical power, fire, and/or flood. New OAC 252:100-7-2(b)(3)
adopted on June 9, 2016, effective September 15, 2016, provides that
emergency engines at residential and school facilities are exempted
from the requirements to have a minor source permit under OAC 252:100-
7.
Oklahoma submitted new OAC 252:100-7-2(b)(4) adopted on June 18,
2018, effective September 15, 2018, to exempt gasoline dispensing
facilities with throughput of less than 100,000 gallons per month on a
rolling annual average from minor source permitting obligations under
OAC 252:100-7. The exempted gasoline dispensing facilities must be
complying with 40 CFR part 63, subpart CCCCCC and the only permit
obligation would be due to the construction or operation of the
facility.
State agencies have discretion to determine the scope of the
state's minor NSR program, provided that the program continues to
satisfy the requirements of 40 CFR 51.160-51.164. The Oklahoma DEQ has
submitted revisions to the Oklahoma SIP to narrow the scope of the
minor NSR program to exclude facilities that qualify as permit exempt,
emergency engines at residential and school facilities, and specified
gasoline dispensing facilities and from all permitting requirements
under OAC 252:100-7. The September 9, 2022, Oklahoma SIP submittal
included the Oklahoma DEQ's technical justification for these
exemptions from minor NSR permitting. The permit exempt category was
created in 2004 after the Oklahoma DEQ conducted a review of the
Oklahoma Air Quality Program. After reviewing emissions data, air
monitoring data, and air quality trends data available in the early
2000s, the Oklahoma DEQ determined that the establishment of the permit
exempt category would not interfere with attainment or maintenance or
violate applicable portions of the SIP control strategy. Further, the
creation of the permit exempt category would reduce the workload burden
on Oklahoma DEQ staff by allowing staff to focus on minor sources with
higher emissions and more potential to impact air quality. The Oklahoma
DEQ also submitted air quality trends data through 2020 for all
criteria pollutants. This data shows the entire State of Oklahoma
continues to be in attainment for all criteria pollutants, even after
the effective dates for the exemptions from minor NSR for permit exempt
sources and specific emergency engines and gasoline dispensing
facilities.
2. Construction Activities Prior to Permit Issuance of a Minor NSR
Permit at a Minor Source
New provisions at OAC 252:100-7-2(b)(5) adopted June 21, 2022, and
submitted to the EPA on May 30, 2025, allow for construction activities
prior to permit issuance for administratively complete minor NSR permit
applications. Administratively complete for minor NSR permit
applications subject to OAC 252:100, Subchapter 7 is defined at OAC
252:100-7-1.1; generally, a permit application is deemed
administratively complete when the applicant submits all the required
information for a construction and operating permit application,
obtains a landowner affidavit, pays the appropriate application fees
and includes a certification of the application by the applicant. An
applicant may begin construction up to, but not including, making any
new, modified, or reconstructed unit operational and capable of
emitting any regulated air pollutant. Construction activities prior to
permit issuance are taken at the applicant's risk. Regardless of any
investment made by the applicant, the Oklahoma DEQ must still review
the application and retains the authority to deny the permit
application.
Section 110(a)(2)(C) of the CAA requires that state SIPs include a
program for regulating the construction and modification of stationary
sources as necessary to ensure that the NAAQS are maintained. Federal
regulations at 40 CFR 51.160(b) require states to have legally
enforceable procedures to prevent construction or modification of a
source if it would violate any SIP control strategies or interfere with
attainment or maintenance of the NAAQS. Federal regulations limit the
types of allowed preconstruction activities for new and modified major
sources at 40 CFR 51.165(a)(1)(xv), 51.166(b)(11), and 52.21(b)(11).
But federal regulations do not impose a corresponding limitation on
preconstruction activities for minor NSR sources or modifications.
The EPA has preliminarily determined that the Oklahoma provision at
OAC 252:100-7-2(b)(5) for construction activities prior to minor NSR
permit issuance is approvable as consistent with federal requirements.
Regardless of any investment made by the applicant during the
construction process, the Oklahoma DEQ retains the authority and
obligation to review the permit application using the existing, SIP-
approved minor NSR program. Because the Oklahoma DEQ must still review
each application using the SIP-approved minor NSR procedures, the
provision allowing for construction activities prior to minor NSR
permit issuance will therefore not violate any SIP control strategy or
interfere with attainment or maintenance of the NAAQS.
3. Public Notice for Minor Sources
On September 13, 2022, Oklahoma submitted revisions to OAC 252:4
that expand the public notice requirements for sources subject to OAC
252:100, Subchapter 7. New minor NSR construction permits and
modifications to existing minor NSR construction permits where the
source remains minor are classified as Tier I at OAC 252:4-7-32. The
Oklahoma DEQ is required under new OAC 252:4-7-13(g)(7) to prepare and
post on the agency website notices of 30-day public comment periods for
Tier I applications for draft individual construction permits and draft
individual construction permit modifications. A major source that
applies for a permit to limit its potential
[[Page 51256]]
to emit such that the source would be subject to OAC 252:100,
Subchapter 7 is classified as a Tier II action at OAC 252:4-7-33(a).
Applicants for Tier II applications are required to provide notice in a
newspaper of general circulation and to individuals on a mailing list
at OAC 252:4-7-13(g)(1). Additionally, new provisions at OAC 252:4-7-
13(g)(6) require the Oklahoma DEQ to publish notice on the agency
website and provide a 30-day opportunity for comment on draft
individual construction permits and modifications to construction
permits that are classified as Tier II. The EPA proposes to find that
the revisions to the public notice and procedural processes for minor
NSR permits under OAC 252:100, Subchapter 7 are approvable as
satisfying the federal requirements for 30-day public notice at 40 CFR
51.161. In the Spring 2025 Unified Agenda of Regulatory and
Deregulatory Action, the EPA has included ``New Source Review (NSR)
Program Public Participation Requirements for State Implementation
Plans'' RIN: 2060-AV67.\2\ This action pertains to the EPA's federal
rules for SIPs at 40 CFR 51.160-51.164, which apply to the
preconstruction permitting programs of state and local air pollution
agencies. The purpose of this rulemaking would be to address minimum
requirements for public participation in the administration of minor
source NSR programs.
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\2\ The Spring 2025 Unified Agenda of Regulatory and
Deregulatory Actions is available at <a href="https://www.reginfo.gov/public/do/eAgendaMain">https://www.reginfo.gov/public/do/eAgendaMain</a>.
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4. Federally Enforceable State Operating Permit (FESOP) and FESOP
Enhanced NSR
The EPA published a final rule on June 28, 1989, allowing for state
operating permits, and the limitations and controls in said permits, to
be treated as federally enforceable if the State's operating permit
program had been reviewed and approved into the SIP by the EPA. See 54
FR 27274. The September 13, 2022, Oklahoma SIP submittal included the
request for the EPA to approve the minor source operating permit
program into the Oklahoma SIP.
The new definition for ``Federally Enforceable State Operating
Permit (FESOP)'' at OAC 252:100-7-1.1 provides that any operating
permit issued under OAC 252:100-7 will be considered a FESOP. This will
include operating permits issued under OAC 252:4-7-33(a)(2) for a part
70 source subject to major source permit requirements that applies to
limit its potential to emit below major source threshold and become a
minor source regulated under OAC 252:100-7. The September 13, 2022,
submittal also created two pathways for permit issuance of minor source
construction and operating permits--traditional NSR and FESOP enhanced
NSR.
The traditional NSR process, defined at OAC 252:100-7-1.1, is the
process where the minor NSR construction permit review and issuance
occur separate of the review and issuance of the FESOP. Applications
for minor source construction permits are Tier I applications;
therefore, the Oklahoma DEQ is responsible for posting the public
notice on the agency website under OAC 252:4-7-13(g)(7). The
traditional NSR process must be used for any source without an existing
FESOP. Following the issuance of the minor source construction permit,
the Oklahoma DEQ would separately review and seek comment on the minor
source operating permit. Applications for minor source operating
permits and modifications to the operating permits are Tier I
applications; the Oklahoma DEQ is required by new OAC 252:4-7-13(g)(9)
to post the public notice on the agency website.
The Oklahoma DEQ created the FESOP enhanced NSR process to provide
a streamlined permit issuance pathway for sources with existing FESOPs.
Using the FESOP enhanced NSR process, also defined at OAC 252:100-7-
1.1, the EPA and the public will have a 30-day review period that will
cover the minor NSR construction permit terms and conditions. The
public notice for the minor NSR construction permit must satisfy the
requirements of new OAC 252:4-7(13)(g)(8) and include a statement that
notifies the public and the EPA that the modifications to the operating
permit will be issued without further public notice and comment unless
the operating permit conditions are modified significantly from the
construction permit's conditions.
The EPA presents our evaluation of the September 13, 2022,
submitted revisions to OAC 252:4 and OAC 252:100-7 as a FESOP program
in this proposed action. The 1989 final rule established five criteria
that EPA will use when reviewing and approving a state operating permit
program into a SIP.
<bullet> First, the state operating permit program must be
submitted to and approved by EPA into the SIP. The Oklahoma submitted
revisions to the Oklahoma SIP on September 13, 2022, for EPA review and
approval of the minor source program at OAC 252:100-7 and the
associated public notice and procedural requirements of OAC 252:4. The
EPA's action on this SIP submittal will satisfy the first criterion.
<bullet> Second, the SIP imposes a legal obligation that operating
permit holders adhere to the terms and limitations of such permits (or
subsequent revision of the permit made in accordance with the approved
operating permit program) and provides that permits which do not
conform to the operating permit program requirements and the
requirements of EPA's underlying regulations may be deemed not
``federally enforceable'' by EPA. Through the new provisions at OAC
252:100-7-18(g), Duty to comply with the operating permit, the
permittee is required to comply with all limitations and conditions of
the operating permit. A violation of the limitations or conditions
shall subject the permittee to enforcement by EPA and all enforcement
penalties available under the Oklahoma Clean Air Act and Air Pollution
Control Rules.
<bullet> Third, the state operating permit program requires that
all emissions limitations, controls, and other requirements imposed by
such permits will be at least as stringent as any other applicable
limitations and requirements contained in the SIP or enforceable under
the SIP, and that the program may not issue permits that waive, or make
less stringent, any limitations or requirements contained in or issued
pursuant to the SIP, or that are otherwise ``federally enforceable''
(e.g., standards established under sections 111 and 112 of The Act).
The Oklahoma minor source program at OAC 252:100-7-18(f) and (g)
require the operating permit terms and conditions to be federally
enforceable, and any violation of these terms and conditions shall
subject the permittee to enforcement actions. The operating permit must
include the construction permit contents as specified at OAC 252:100-7-
15(d). Construction permit shall require the permittee to comply with
all applicable air pollution rules, prohibit the exceedance of air
quality standards in OAC 252:100-3, and may establish additional terms
or conditions necessary to assure compliance with all rules.
<bullet> Fourth, the limitations, controls, and requirements in the
operating permits are permanent, quantifiable, and otherwise
enforceable as a practical matter. The minor source operating permit
conditions at OAC 252:100-7-18(f) require that emission limitations and
other permit conditions in the minor source construction permit are
federally enforceable requirements of the FESOP.
<bullet> Fifth, the permits are issued subject to public
participation. New provisions
[[Page 51257]]
at OAC 252:4-7-13(g)(7) require the Oklahoma DEQ to prepare and post on
the agency website notices of 30-day public comment period for Tier I
applications for draft individual construction permits and draft
individual construction permit modifications. New provisions at OAC
252:4-7-13(g)(8) allow Tier I applications for draft construction
permit modifications to use the FESOP Enhanced NSR process.
The EPA proposes to find that the Oklahoma minor source program at
OAC 252:100-7 and the associated procedural and public notice rules at
OAC 252:4 are consistent with federal requirements for approving a
state operating permit program into the SIP such that permits issued
under this program become FESOP. The EPA proposes this approval under
CAA sections 110(a)(2)(B) and (D).
5. Revisions to the Minor NSR Permit by Rule Program
The Oklahoma permit by rule program was approved into the Oklahoma
SIP as an element of the Oklahoma minor NSR program on May 15, 2017,
see 82 FR 22281. The SIP includes general procedural provisions for the
permit by rule program at OAC 252:100-7-15(b)(1), OAC 252:100-7-60, and
specific PBRs for cotton gins at OAC 252:100-7-60.1 and grain elevators
at OAC 252:100-7-60.2. The Oklahoma DEQ has submitted revisions to the
general PBR provisions at OAC 252:100-7-60 adopted on June 19, 2014,
effective September 12, 2014. Oklahoma has also developed and submitted
as revisions to the SIP, new PBRs for emergency engine facilities at
OAC 252:100-70.6 and gasoline dispensing facilities and gasoline
dispensing facilities with emergency engines at OAC 252:100-7-60.7.
The Oklahoma PBR program is a minor NSR streamlining mechanism to
reduce the workload of reviewing and issuing individual permits for
many, similar sources. The Oklahoma DEQ has the authority under OAC
252:100-7-15(b)(1) to develop and adopt a PBR for an industry if there
are many facilities that have the same or substantially similar
operations, emissions, and activities that are subject to the same
standards, limitations, and operating and monitoring requirements. The
Oklahoma DEQ submitted revisions to the PBR procedural requirements at
OAC 252:100-7-60 that clarify the existing SIP-approved provisions to
improve implementation of the PBR program. Revisions to OAC 252:100-7-
60(a) clarify that any facility constructed or operated under a PBR
will be exempt for any other Subchapter 7 permitting requirements. New
provisions at OAC 252:100-7-60(a)(2) state that a facility may only be
registered under one PBR. Facilities can apply to change registration
to another PBR provided the facility satisfies the applicability
criteria under the new PBR. The revisions to OAC 252:100-7-60(b)
provide additional clarity to the existing provisions, especially
regarding changes made at a facility covered by a PBR. Any physical
change or change in the method of operation that would cause the
facility to no longer qualify for the PBR is a modification and will
result in a change to the permit status of the facility. The owner or
operator of the facility will either need to apply for an individual
permit or seek coverage under another applicable PBR. Revisions
submitted to OAC 252:100-7-60(c) update the existing SIP-approved
provisions for registration under the PBR to provide clarity on the
types of acceptable documentation identifying PBR registration. The new
PBRs at OAC 252:100-7-60.6 for emergency engine facilities and at OAC
252:100-7-60.7 for gasoline dispensing facilities and gasoline
dispensing facilities with emergency engines were developed consistent
with the SIP-approved permit content provisions for minor NSR at OAC
252:100-7-15(d). The new PBRs identify the sources eligible for
coverage, covered equipment, and applicable federal and state
standards.
The EPA proposes to find that the submitted revisions to the
procedural provisions for PBRs and the new specific PBRs at OAC
252:100-7-60.6 and OAC 252:100-7-60.7 are approvable as satisfying the
requirements for minor NSR at 51.160. These revisions continue to
ensure the use of PBRs is restricted to minor sources subject to OAC
252:100, Subchapter 7 and that the PBRs available to Oklahoma minor
sources require compliance with all applicable federal and state
standards to ensure continued protection of air quality.
6. General Updates for Minor Source Requirements Under OAC 252:100,
Subchapter 7
Oklahoma submitted several revisions to the definitions for the OAC
252:100, Subchapter 7 permit program. Many of the submitted revisions
are non-substantive to address formatting or grammar updates or provide
clarifications to existing SIP-approved definitions. The EPA's
evaluation of these non-substantive definition changes is presented in
the TSD. We provide our evaluation of the substantive definition
changes below. The EPA proposes that each of these revisions is
approvable and necessary for the proper implementation of the Oklahoma
minor source permit program at OAC 252:100-7.
<bullet> On September 9, 2022, Oklahoma submitted the new
definition of ``administratively complete'' at OAC 252:100-7-1.1 as
adopted on June 21, 2022, effective September 15, 2022. This definition
applies to any permit application under OAC 252:100-7 and is necessary
for the implementation of the minor source program and the ability of a
source to begin construction prior to construction permit issuance at
OAC 252:100-7-2(b)(5).
<bullet> On September 9, 2022, Oklahoma submitted the new
definition of ``emergency engine'' at OAC 252:100-7-1.1 as adopted on
June 9, 2016, effective September 15, 2016. This new definition
supports the new emergency engine PBR at OAC 252:100-7-60.6.
<bullet> On September 9, 2022, Oklahoma submitted the new
definition of ``Gasoline dispensing facility'' as adopted on June 18,
2018, effective September 15, 2018. This new definition supports the
new gasoline dispensing facility PBR at OAC 252:100-7-60.7.
<bullet> On September 9, 2022, Oklahoma submitted the new
definition of ``New portable source'' as adopted on May 1, 2003,
effective June 12, 2003. This definition is used by the existing SIP-
provisions at OAC 252:100-7-17 for relocation permits for portable
sources.
<bullet> On September 9, 2022, Oklahoma submitted the new
definition of ``Portable source'' as adopted on May 1, 2003, effective
June 12, 2003. This definition is used by the existing SIP-provisions
at OAC 252:100-7-17 for relocation permits for portable sources.
<bullet> On September 9, 2022, Oklahoma submitted revisions to the
definition of ``Regulated air pollutant'' adopted April 28, 2004,
effective June 11, 2004, and adopted March 27, 2007, effective June 15,
2007. The definition has been updated to reference OAC 252:100,
appendix P. The EPA SIP-approved OAC 252:100, appendix P on September
28, 2016 (81 FR 66535).
<bullet> On September 13, 2022, Oklahoma submitted the new
definition of ``Replacement unit'' as adopted on June 11, 2021,
effective September 15, 2021. This new definition is consistent with
the federal definition of replacement unit in the PSD program at 40 CFR
51.166(b)(32). The definition is necessary for the implementation of
the requirements at OAC 252:100-7-15 for modification of an existing
facility.
On September 9, 2022, Oklahoma submitted revisions to OAC 252:100-
7-
[[Page 51258]]
2(e), Requirement for permits for minor facilities, Change in permit
status. The revisions adopted April 28, 2004, effective June 11, 2004,
allow the owner or operator of a permitted facility to notify the
Oklahoma DEQ that the facility is permit exempt and request termination
of the permit. This provision works with the permit exempt category at
OAC 252:100-7-1.1 to establish the exemption from construction
permitting for the permit exempt category.
On September 9, 2022, Oklahoma submitted clarifying revisions to
the transfer of permit revisions at OAC 252:100-7-2(f) adopted on March
30, 2005, effective June 15, 2005. The revisions specify that the
transfer of ownership of a facility is an administrative amendment that
will be processed using a form provided by the Oklahoma DEQ.
On September 9, 2022, Oklahoma submitted provisions for emission
calculation methods adopted April 28, 2004, effective June 11, 2004.
These provisions were further revised with revisions adopted on March
30, 2005, effective June 15, 2005. The requirements at OAC 252:100-7-
2(g) specify that emission rates will be calculated using the SIP-
approved methodology at OAC 252:100-5-2.1.
Oklahoma submitted updates to the provisions for minor source
construction permits at OAC 252:100-7-15 adopted on April 28, 2004,
March 27, 2008, May 1, 2012, June 21, 2021, and June 21, 2022. Many of
these updates are non-substantive revisions to update formatting and
separate the existing SIP-approved construction permit requirements
into those specific to new facilities at OAC 252:100-7-15(a)(1), and
those requirements specific to modifications of an existing facility at
OAC 252:100-7-15(a)(2). The revisions to modifications to existing
facilities adopted on June 11, 2021, effective September 15, 2021, add
new provision OAC 252:100-7-15(a)(2)(C) to specify that the requirement
to obtain a construction permit modification does not apply to the
replacement of a piece of equipment if the replacement unit (defined at
OAC 252:100-7-1.1) does not require a change in any emission limit in
the existing permit. The EPA proposes to find that this exception for
replacement units is approvable as consistent with 40 CFR 51.160. The
Oklahoma DEQ has determined that replacing an existing unit with a
replacement unit that does not alter the design parameters of the
process unit, is identical to or functionally equivalent to the
replaced unit and does not require an emission limit change in the
minor NSR construction permit will not result in a violation of
applicable control strategies or interfere with attainment or
maintenance.
The provisions for content of construction permit applications at
OAC 252:100-7-15(c) were updated with revisions adopted March 28, 2002,
April 28, 2004, and March 27, 2008. These revisions modify the existing
SIP-approved requirements at OAC 252:100-7-15(c) to provide separate
content requirements for individual permits at OAC 252:100-7-15(c)(1)
and general permits at OAC 252:100-7-15(c)(2). The requirements
specific to individual permits are reformatted into the new section
structure. The new requirements for general permits specify that
applicants will provide data on forms provided by the Oklahoma DEQ. The
EPA proposes to find these revisions to the permit application content
are approvable. The Oklahoma DEQ has developed the necessary procedures
and forms that will be used to implement the SIP-approved minor source
permit program.
Oklahoma submitted new provisions at OAC 252:100-7-15(h) adopted on
June 11, 2021, clarifying the authorization to construct under a minor
source construction permit expires upon the completion of the
construction. The requirements established under the construction
permit continue through the FESOP at OAC 252:100-7-18(f).
Oklahoma submitted updates to the provisions for minor source
operating permits at OAC 252:100-7-18 adopted on April 28, 2004, March
27, 2008, May 1, 2012, and June 11, 2021. Many of these updates are
non-substantive revisions to update formatting and separate the
existing SIP-approved operating permit requirements into those specific
to new facilities at OAC 252:100-7-18(a)(1), and those requirements
specific to modifications of an existing facility at OAC 252:100-7-
18(a)(2). The revisions to OAC 252:7-18(a) adopted on May 1, 2012,
effective July 1, 2012, increase the period after commencement of
operation where a source must submit an operating permit application.
The Oklahoma DEQ determined that an increase from 60-days to 180-days
after the commencement of operation for a new facility or a
modification of an existing facility was appropriate because some
industry sectors covered in the minor source operating program needed
the longer timeframe to perform the required emissions tests. New
requirements at OAC 252:100-7-18(b) adopted on March 27, 2008,
effective July 1, 2008, establish the administrative amendment process
for minor source operating permits. An administrative amendment can be
used to amend an operating permit to correct typographical errors,
update administrative changes at a facility such as name, address, or
phone number of a person identified in the permit, require more
frequent monitoring or reporting by the permittee, and allow physical
or operational changes that do not result in an emissions increase.
These new provisions are structured like the administrative amendment
criteria for title V operating permits at 40 CFR 70.7(d)(3). New
requirements to the permit application requirements for administrative
amendments were also adopted at OAC 252:7-18(e)(2). New provisions at
OAC 252:100-7-18(c) adopted on March 27, 2008, effective July 1, 2008,
state if the Oklahoma DEQ denies or revokes an operating permit that
the owner/operator cannot cause or authorize the operation of the
facility. The EPA proposes to find these revisions to the minor source
operating permit requirements are approvable. The Oklahoma DEQ has
developed the necessary procedures for the implementation of the
Oklahoma minor source FESOP program.
7. Section 110(l) Evaluation of Revisions to OAC 252:100, Subchapter 7
CAA section 110(l) states that the ``Administrator shall not
approve a revision of a plan if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress (as defined in section 171), or any other applicable
requirement of the Act.'' For purposes of the analysis under CAA
section 110(l), we have considered the overall impact of the revisions
to the minor source permitting program at OAC 252:100, Subchapter 7.
The EPA regulations governing the criteria that states must satisfy for
EPA approval of regulations specific to minor NSR programs are
contained in 40 CFR 51.160-51.164. Our evaluation has demonstrated that
the submitted revisions to the Oklahoma minor NSR program are
consistent with the federal requirements establishing the legally
enforceable procedures for the minor NSR program at 40 CFR 51.160 and
for minor NSR public participation at 40 CFR 51.161. The submitted
changes to expand public notice requirements for minor NSR permitting
enhance the minor source program within the Oklahoma SIP but do not
have direct impacts on emissions or air quality. Other submitted
revisions to update definitions to maintain consistency with federal
requirements or make other non-substantive edits to
[[Page 51259]]
update the program regulations are necessary to ensure functionality of
the Oklahoma program but will have no impact on air quality. The
Oklahoma DEQ provided adequate justification for the new exemptions
from minor source permitting. The EPA reviewed air quality trend data
for the state of Oklahoma from the time 2004 through present day, which
is the period where the exemptions from minor NSR have been in effect.
The State of Oklahoma has been and continues to be in attainment for
all criteria pollutants. The EPA is proposing to find that the
submitted revisions to OAC 252:100, Subchapter 7 the revisions to the
Oklahoma minor NSR program are approvable as meeting CAA requirements
for a minor NSR program and will not interfere with attainment,
reasonable further progress or any other applicable requirement of the
Act.
E. Evaluation of General Revisions to the Oklahoma SIP
On February 9, 2021, the ODEQ submitted revisions to OAC 252:100-1-
2 adopted on June 25, 2020, effective September 15, 2020. The revisions
to OAC 252:100-1-2, update the statutory citations to reference the
current definitions in 27A O.S. 2-1-102 and 2-5-104. The EPA has
determined that several of these statutory definitions are unique and
not provided elsewhere through the Oklahoma regulations or the Oklahoma
SIP; therefore, these definitions must be proposed for approval in the
SIP to provide for proper implementation of the Oklahoma SIP.
Specifically, we propose to include the definitions of ``Department,''
``Executive Director,'' and ``Person'' at 27A O.S. 2-1-102 and the
definitions of ``Air contaminants,'' ``Air Pollution,'' ``Council,''
``Director,'' and ``Person'' at 27A O.S. 2-5-104.
The ODEQ submitted revisions on September 13, 2022, and May 30,
2025, to update the general definitions for the Oklahoma SIP at OAC
252:100-1-3. In the September 13, 2022, submittal the ODEQ provided
amendments to OAC 252:100-1-3 that were adopted on June 11, 2021, and
effective September 15, 2021, to add new definitions for ``new source
review'' and ``NSR permit''. In the May 30, 2025, submittal the ODEQ
provided amendments to OAC 252:100-1-3 that were adopted on June 21,
2022, effective September 15, 2022, to add a new definition for ``minor
NSR''. The new definitions are necessary to promote clarity in the
Oklahoma air permitting program.
The ODEQ submitted revisions on September 13, 2022, to section OAC
252:100-1-4 that were adopted on June 11, 2021, and effective September
15, 2021. In the September 13, 2022, submittal the ODEQ provided a new
acronym at OAC 252:100-1-4(b) for `NSR'. This new acronym is necessary
to promote clarity in the Oklahoma air permitting program.
The ODEQ submitted revisions on January 16, 2024, and May 30, 2025,
to update the incorporation by reference provisions found in the
Oklahoma SIP. In the January 16, 2024, submittal the ODEQ provided
amendments to OAC 252:100-2-3 and appendix Q that were adopted on May
31, 2023, and effective September 15, 2023. The May 30, 2025, submittal
included amendments to OAC 252:100-2-3 and appendix Q that were adopted
on June 21, 2024, and effective September 16, 2024. These revisions
ensure the Oklahoma SIP maintains consistency with current Federal
requirements by updating the opening paragraph of OAC 252:100-2-3 to
include the current incorporation by reference date and revoking and
replacing the prior version of appendix Q. Specifically, the ODEQ
updated the incorporation by reference requirements of:
<bullet> 40 CFR part 50, appendices B and J, to ensure the Oklahoma
SIP uses the current Federal reference methods for determining
compliance with the NAAQS,
<bullet> 40 CFR part 51, subpart A, table 1 to appendix A to use
current requirements in the Oklahoma emission inventory reporting
requirements,
<bullet> 40 CFR part 51, Sec. 51.100(s)(1) of subpart F, to use
the Federal definition of volatile organic compound,
<bullet> 40 CFR part 51, appendix P, to use Federal emission
monitoring requirements,
<bullet> 40 CFR part 51, appendix W, to use current Federal
guidance on air quality models, and
<bullet> 40 CFR part 98, table A-1 of subpart A, to use current
global warming potentials in the Oklahoma air permitting programs.
The ODEQ submitted revisions on July 27, 2010, to update the
definitions at OAC 252:100-5-1.1, with amendments adopted on May 1,
2009, effective July 1, 2009. These amendments remove the definitions
of ``gross particulate matter,'' ``part 70 source,'' and ``regulated
air pollutant''. The definitions at OAC 252:100-5-1.1 are used solely
for the implementation of OAC 252:100, Subchapter 5.
The ODEQ submitted revisions on May 30, 2025, to make a non-
substantive update to the internal citation reference in OAC 252:100-
23-3(a). This non-substantive amendment was adopted on June 21, 2024,
effective September 15, 2025.
The ODEQ submitted revisions on May 30, 2025, to make a non-
substantive update to the terminology in OAC 252:100-35-1 to align with
the existing terminology used elsewhere in OAC 252:100, appendices E
and F. This non-substantive amendment was adopted on June 21, 2024,
effective September 16, 2025.
F. Evaluation of SIP Clean-Up Actions Identified by the EPA
The current Oklahoma SIP includes provisions for Annual operating
fees at OAC 252:100-5-2.2. CAA section 110(a)(2)(L) requires that each
plan shall ``require the owner or operator of each major stationary
source to pay to the permitting authority, as a condition of any permit
required under this chapter, a fee sufficient to cover--(i) the
reasonable costs of reviewing and acting upon any application for such
a permit, and (ii) if the owner or operator receives a permit for such
source, the reasonable costs of implementing and enforcing the terms
and conditions of any such permit (not including any court costs or
other costs associated with any enforcement action), until [emphasis
added] such fee requirement is superseded with respect to such sources
by the Administrator's approval of a fee program under subchapter V of
this chapter''. The Oklahoma part 70 Operating Permits program was
approved on December 5, 2001. See 66 FR 63170. The Oklahoma Operating
permits program includes the provisions at OAC 252:100-8-1.7, Permit
application fees, and OAC 252:100-5-2.2, Annual operating fees. The EPA
proposes to find that the fee program provisions approved in the
Oklahoma title V program supersede the CAA section 110(a)(2)(L) fee
requirement and OAC 252:100-5-2.2 will be removed from the Oklahoma
SIP.
As part of our review of the submitted Oklahoma SIP revisions, the
EPA found several errors in the table titled ``EPA Approved Oklahoma
Regulations'' at 40 CFR 52.1920(c). We propose to correct these errors
as follows:
<bullet> Entry for OAC 252:100-7-60.1 ``Cotton gins'' incorrectly
lists the State citation as ``252:100n-7-60.1''. This entry should be
corrected to show the citation of ``252:100-7-60.1''.
<bullet> Entry for OAC 252:100-5-1 is currently approved with a
state effective date of June 11, 2001. The state effective date should
be corrected to June 12, 2000.
<bullet> Entries for OAC 252:100-8-1, OAC 252:100-8-1.2, OAC
252:100-8-1.3, OAC 252:100-8-6.2, OAC 252:100-8-
[[Page 51260]]
7.3, OAC 252:100-8-7.4, and OAC 252:100-8-7.5 are currently approved
with a state effective date of June 11, 2001. The state effective date
for each entry should be corrected to June 25, 1998.
<bullet> Entries for OAC 252:100-8-1.4, OAC 252:100-8-1.5, and OAC
252:100-8-3 are currently approved with a state effective date of June
11, 2001. The state effective date for each entry should be corrected
to June 1, 2001.
<bullet> Entries for OAC 252:100-8-30, OAC 252:100-8-37, OAC
252:100-8-38, OAC 252:100-8-50, OAC 252:100-8-53, OAC 252:100-8-54.1,
OAC 252:100-8-55, and OAC 252:100-8-56 are currently approved with a
state effective date of June 1, 2009. The state effective date for each
entry should be corrected to July 1, 2009.
G. Updates to Rules of Practice and Procedure
Administrative procedures for permit issuance, public notice and
administrative proceedings applicable to the entirety of the Oklahoma
permitting program are at OAC 252:4. The current Oklahoma SIP includes
the provisions in OAC 252:4, Subchapter 1--General Provisions,
Subchapter 3--Meetings and Public Forums, Subchapter 5--Rulemaking,
Subchapter 7--Environmental Permit Process, Subchapter 9--
Administrative Proceedings, Subchapter 17--Electronic Reporting, and
appendices A, B, C, and D.\3\ On September 13, 2022, the ODEQ submitted
revisions to update the NSR permit program public notice provisions at
OAC 252:4, Subchapter 7 and appendix C adopted on June 11, 2021,
effective September 15, 2021. The revisions to OAC 252:4-7-13(g)(4) and
(g)(6)-(9) and OAC 252:4-7-33 have already been evaluated as part of
our evaluation of the revisions to the major and minor source permit
programs in prior sections of this preamble. The remaining revisions to
OAC 252:4 are more general and apply broadly to the entire air quality
program. The EPA proposes to find that these submitted revisions expand
and enhance the existing SIP public notice requirements for NSR
permits.
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\3\ The Oklahoma SIP is available at 40 CFR 52.1920. Current
provisions at OAC 252:4 were SIP-approved on December 29, 2008 (73
FR 79400), May 15, 2017 (82 FR 22281), and April 10, 2020 (85 FR
20178).
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<bullet> Revisions to the existing SIP-approved provisions at OAC
252:4-7-13(g) introductory paragraph and (g)(1), make non-substantive
edits to correct internal references and improve clarity of the
provisions.
<bullet> New requirements at OAC 252:4-7-13(g)(10) are approvable.
These requirements specify that the Oklahoma DEQ Executive Director has
the discretion to require public notice of other authorizations for
Tier I applications such as burn approvals, administrative amendments
for air quality applications, and individual authorizations under a
general operating permit.
<bullet> Revisions to OAC 252:4, appendix C, are approvable.
Appendix C does not establish new requirements; rather, this appendix
summarizes and provides an easy reference to the public and regulated
community of the permit processing requirements for each of the three
tiers of permitting.
<bullet> Based on the evaluations presented in this preamble, the
EPA proposes to revise the 40 CFR 52.1920(c) to show that the
provisions in OAC 252:4, Subchapter 7 are applicable to the entirety of
the Oklahoma air permitting program.
III. 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. 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).\4\
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\4\ 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.
---------------------------------------------------------------------------
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.\5\ 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).
---------------------------------------------------------------------------
\5\ 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.
---------------------------------------------------------------------------
As explained above, the EPA is proposing approval of revisions to
the Oklahoma air permitting program which will apply statewide in
Oklahoma. 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 over which there has been no demonstration of Tribal
authority.
IV. Proposed Action
We are proposing to approve under section 110 of the CAA, revisions
to the Oklahoma SIP that update the Oklahoma NSR programs to maintain
consistency with Federal requirements and revise the incorporation by
reference dates for Federal requirements. We have determined that the
following revisions were developed in accordance with the CAA and the
[[Page 51261]]
EPA's regulations, policy, and guidance for SIP development and NSR
permitting. The EPA proposes approval of the following as revisions to
the Oklahoma SIP:
<bullet> Removal of Regulations 1.4.1(a)-(c) and 1.4.2(a)-(d), (f),
and (g) adopted on March 30, 1994, submitted May 16, 1994.
<bullet> Revisions to OAC 252:4-7-13, Notices, adopted on June 11,
2021, effective September 15, 2021, and submitted to the EPA on
September 13, 2022.
<bullet> Revisions to OAC 252:100-4-7-32, Air quality
applications--Tier I, adopted on March 25, 2003, effective June 1,
2003, and submitted to the EPA on May 24, 2018.
<bullet> Revisions to OAC 252:100-4-7-32, Air quality
applications--Tier I, adopted on June 11, 2021, effective September 15,
2021, and submitted to the EPA on September 13, 2022.
<bullet> Revisions to OAC 252:100-4-7-33, Air quality
applications--Tier II, adopted on June 11, 2021, effective September
15, 2021, and submitted to the EPA on September 13, 2022.
<bullet> Repeal of OAC 252:4, Appendix C--Permitting Process
Summary, adopted on June 11, 2001.
<bullet> New OAC 252:4, Appendix C--Permitting Process Summary,
adopted on June 11, 2021, effective September 15, 2021, and submitted
to the EPA on September 13, 2022.
<bullet> Revisions to OAC 252:100-1-2, Statutory definitions,
adopted on June 25, 2020, effective September 15, 2020, and submitted
to the EPA on February 9, 2021.
<bullet> Revisions to OAC 252:100-1-3, Definitions, adopted on June
11, 2021, effective September 15, 2021, and submitted to the EPA on
September 13, 2022.
<bullet> Revisions to OAC 252:100-1-3, Definitions, adopted on June
21, 2022, effective September 15, 2022, and submitted to the EPA on May
30, 2025.
<bullet> Revisions to OAC 252:100-1-4, Units, abbreviations and
acronyms, adopted on June 11, 2021, effective September 15, 2021, and
submitted to the EPA on September 13, 2022.
<bullet> Revisions to OAC 252:100-2-3, Incorporation by reference,
adopted on May 31, 2023, effective September 15, 2023, and submitted to
the EPA on January 16, 2024.
<bullet> Revisions to OAC 252:100-2-3, Incorporation by reference,
adopted on June 21, 2024, effective September 16, 2024, and submitted
to the EPA on May 30, 2025.
<bullet> Repeal of OAC 252:100, Appendix Q--Incorporation by
reference, adopted on September 15, 2022.
<bullet> New OAC 252:100, Appendix Q--Incorporation by reference,
adopted on June 21, 2024, effective September 16, 2024, and submitted
to the EPA on May 30, 2025.
<bullet> Revisions to OAC 252:100-5-1.1, Definitions, adopted on
May 1, 2009, effective July 1, 2009, and submitted to the EPA on July
27, 2010.
<bullet> Revisions to OAC 252:100-7-1.1, Definitions, adopted on
May 1, 2003, effective June 12, 2003, and submitted to the EPA on
September 9, 2022.
<bullet> Revisions to OAC 252:100-7-1.1, Definitions, adopted on
April 28, 2004, effective June 11, 2004, and submitted to the EPA on
September 9, 2022.
<bullet> Revisions to OAC 252:100-7-1.1, Definitions, adopted on
March 27, 2007, effective June 15, 2007, and submitted to the EPA on
September 9, 2022.
<bullet> Revisions to OAC 252:100-7-1.1, Definitions, adopted on
June 9, 2016, effective September 15, 2016, and submitted to the EPA on
September 9, 2022.
<bullet> Revisions to OAC 252:100-7-1.1, Definitions, adopted on
June 18, 2018, effective September 15, 2018, and submitted to the EPA
on September 9, 2022.
<bullet> Revisions to OAC 252:100-7-1.1, Definitions, adopted on
June 11, 2021, effective September 15, 2021, and submitted to the EPA
on September 13, 2022.
<bullet> Revisions to OAC 252:100-7-1.1, Definitions, adopted on
June 21, 2022, effective September 15, 2022, and submitted to the EPA
on May 30, 2025.
<bullet> Revisions to OAC 252:100-7-2, Requirement for permits for
minor facilities, adopted on April 28, 2004, effective June 11, 2004,
and submitted to the EPA on September 9, 2022.
<bullet> Revisions to OAC 252:100-7-2, Requirement for permits for
minor facilities, adopted on March 30, 2005, effective June 15, 2005,
and submitted to the EPA on September 9, 2022.
<bullet> Revisions to OAC 252:100-7-2, Requirement for permits for
minor facilities, adopted on March 27, 2008, effective July 1, 2008,
and submitted to the EPA on September 9, 2022.
<bullet> Revisions to OAC 252:100-7-2, Requirement for permits for
minor facilities, adopted on June 9, 2016, effective September 15,
2016, and submitted to the EPA on September 9, 2022.
<bullet> Revisions to OAC 252:100-7-2, Requirement for permits for
minor facilities, adopted on June 18, 2018, effective September 15,
2018, and submitted to the EPA on September 9, 2022.
<bullet> Revisions to OAC 252:100-7-2, Requirement for permits for
minor facilities, adopted on June 21, 2022, effective September 15,
2022, and submitted to the EPA on May 30, 2025.
<bullet> Revisions to OAC 252:100-7-15, Construction permit,
adopted on March 28, 2002, effective June 1, 2002, and submitted to the
EPA on September 9, 2022.
<bullet> Revisions to OAC 252:100-7-15, Construction permit,
adopted on April 28, 2004, effective June 11, 2004, and submitted to
the EPA on September 9, 2022.
<bullet> Revisions to OAC 252:100-7-15, Construction permit,
adopted on March 27, 2008, effective July 1, 2008, and submitted to the
EPA on September 9, 2022.
<bullet> Revisions to OAC 252:100-7-15, Construction permit,
adopted on May 1, 2012, effective July 1, 2012, and submitted to the
EPA on September 9, 2022.
<bullet> Revisions to OAC 252:100-7-15, Construction permit,
adopted on June 11, 2021, effective September 15, 2021, and submitted
to the EPA on September 13, 2022.
<bullet> Revisions to OAC 252:100-7-15, Construction permit,
adopted on June 21, 2022, effective September 15, 2022, and submitted
to the EPA on May 30, 2025.
<bullet> Revisions to OAC 252:100-7-18, Operating permit, adopted
on April 28, 2004, effective June 11, 2004, and submitted to the EPA on
September 9, 2022.
<bullet> Revisions to OAC 252:100-7-18, Operating permit, adopted
on March 27, 2008, effective July 1, 2008, and submitted to the EPA on
September 9, 2022.
<bullet> Revisions to OAC 252:100-7-18, Operating permit, adopted
on May 1, 2012, effective July 1, 2012, and submitted to the EPA on
September 9, 2022.
<bullet> Revisions to OAC 252:100-7-18, Operating permit, adopted
on June 11, 2021, effective September 15, 2021, and submitted to the
EPA on September 13, 2022.
<bullet> Revisions to OAC 252:100-7-60, Permit by rule, adopted on
June 19, 2024, effective September 12, 2014, and submitted to the EPA
on September 9, 2022.
<bullet> Revisions to OAC 252:100-7-60.6, Emergency engine
facilities, adopted on June 9, 2016, effective September 15, 2016, and
submitted to the EPA on September 9, 2022.
<bullet> Revisions to OAC 252:100-7-60.7, Gasoline dispensing
facilities and gasoline dispensing facilities with emergency engines,
adopted on June 18, 2018, effective September 15, 2018, and
[[Page 51262]]
submitted to the EPA on September 9, 2022.
<bullet> Revisions to OAC 252:100-8-1.1, Definitions, adopted on
March 27, 2008, effective July 1, 2008, and submitted to the EPA on
June 24, 2010.
<bullet> Revisions to OAC 252:100-8-2, Definitions, adopted on
March 25, 2003, effective June 1, 2003, and submitted to the EPA on
June 24, 2010.
<bullet> Revisions to OAC 252:100-8-2, Definitions, adopted on
March 30, 2005, effective on June 15, 2005, and submitted to the EPA on
June 24, 2010.
<bullet> Revisions to OAC 252:100-8-2, Definitions, adopted on
April 28, 2006, effective June 15, 2006, and submitted to the EPA on
July 16, 2010.
<bullet> Revisions to OAC 252:100-8-2, Definitions, adopted on
March 24, 2009, effective on July 1, 2009, and submitted to the EPA on
June 24, 2010.
<bullet> Revisions to OAC 252:100-8-2, Definitions, adopted on May
3, 2011, effective on July 1, 2011, and submitted to the EPA on
February 6, 2012.
<bullet> Revisions to OAC 252:100-8-2, Definitions, adopted on
March 29, 2012, effective on July 1, 2012, and submitted to the EPA on
January 18, 2013.
<bullet> Revisions to OAC 252:100-8-2, Definitions, adopted on June
13, 2017, effective September 15, 2017, and submitted to the EPA on
January 8, 2018.
<bullet> Revisions to OAC 252:100-8-2, Definitions, adopted on
March 1, 2021, effective September 15, 2021, and submitted to the EPA
on September 13, 2022.
<bullet> Revisions to OAC 252:100-8-4, Requirements for
construction and operating permits, adopted on March 30, 2005,
effective June 15, 2005, and submitted to the EPA on June 24, 2010.
<bullet> Revisions to OAC 252:100-8-4, Requirements for
construction and operating permits, adopted on March 24, 2009,
effective July 1, 2009, and submitted to the EPA on June 24, 2010.
<bullet> Revisions to OAC 252:100-8-4, Requirements for
construction and operating permits, adopted on March 29, 2012,
effective July 1, 2012, and submitted to the EPA on January 18, 2013.
<bullet> Revisions to OAC 252:100-8-4, Requirements for
construction and operating permits, adopted on June 11, 2021, effective
September 15, 2021, and submitted to the EPA on September 13, 2022.
<bullet> Revisions to OAC 252:100-8-4, Requirements for
construction and operating permits, adopted on June 21, 2022, effective
September 15, 2022, and submitted to the EPA on May 30, 2025.
<bullet> Revisions to OAC 252:100-8-5, Permit applications, adopted
on March 25, 2003, effective June 1, 2003, and submitted to the EPA on
June 24, 2010.
<bullet> Revisions to OAC 252:100-8-5, Permit applications, adopted
on June 11, 2021, effective September 15, 2021, and submitted to the
EPA on September 13, 2022.
<bullet> Revisions to OAC 252:100-8-6, Permit content, adopted on
March 30, 2005, effective June 15, 2005, and submitted to the EPA on
June 24, 2010.
<bullet> Revisions to OAC 252:100-8-6.1, General permits, adopted
on March 30, 2005, effective June 15, 2005, and submitted to the EPA on
June 24, 2010.
<bullet> Revisions to OAC 252:100-8-7, Permit issuance, adopted on
March 30, 2005, effective June 15, 2005, and submitted to the EPA on
June 24, 2010.
<bullet> Revisions to OAC 252:100-8-7.2, Administrative permit
amendments and permit modifications, adopted on March 25, 2003,
effective June 1, 2003, and submitted to the EPA on June 24, 2010.
<bullet> Revisions to OAC 252:100-8-7.2, Administrative permit
amendments and permit modifications, adopted on June 15, 2021,
effective September 15, 2021, and submitted to the EPA on September 13,
2022.
<bullet> Revisions to OAC 252:100-8-8, Permit review by EPA and
affected states, adopted on March 28, 2002, effective June 1, 2002, and
submitted to the EPA on June 24, 2010.
<bullet> Revisions to OAC 252:100-8-8, Permit review by EPA and
affected states, adopted on June 11, 2021, effective September 15,
2021, and submitted to the EPA on September 13, 2022.
<bullet> Revisions to OAC 252:100-8-36.1, Public participation,
adopted on June 21, 2022, effective September 15, 2022, and submitted
to the EPA on January 24, 2023.
<bullet> Revisions to OAC 252:100-8-36.2, Source obligation,
adopted on June 21, 2022, effective September 15, 2022, and submitted
to the EPA on January 24, 2023.
<bullet> Revisions to OAC 252:100-23-3(a), Applicability, general
requirements, adopted on June 21, 2024, effective September 16, 2024,
and submitted to the EPA on May 30, 2025.
<bullet> Revisions to OAC 252:100-35-1, Purpose, adopted on June
21, 2024, effective September 16, 2024, submitted to the EPA on May 30,
2025.
<bullet> Definitions of ``Air contaminants,'' ``Air pollution,''
``Council,'' ``Director,'' and ``Person'' at 27A Oklahoma Statutes
(O.S.) 2-5-104.
<bullet> Definitions of ``Department,'' ``Executive Director,'' and
``Person'' at 27A 2-1-102.
The EPA is proposing that the provisions in OAC 252:4-7-1, 4-7-2,
4-7-3, 4-7-4, 4-7-5, 4-7-6, 4-7-7, 4-7-8, 4-7-9, 4-7-10, 4-7-11, 4-7-
12, 4-7-13, 4-7-14, 4-7-15, 4-7-16, 4-7-17, 4-7-18, 4-7-19, and 4-7-31
are applicable to the entirety of the Oklahoma air permit program and
the amendatory language table at 40 CFR 52.1920(c) should be modified
to reflect this finding and remove the comments from the Explanation
column.
The EPA is proposing to remove OAC 252:100-5-2.2 from the Oklahoma
SIP at 40 CFR 52.1920(c) because the CAA section 110(a)(2)(L) fee
requirement has been superseded by the approved Oklahoma part 70
program.
The EPA is proposing to remove definitions of ``affected source,''
``affected unit,'' paragraph (E) of ``applicable requirement,''
``designated representative,'' ``responsible official,'' ``small
unit,'' and ``unit'' from OAC 252:100-8-2, OAC 252:100-8-4(b)(9), OAC
252:100-8-6(a)(5), and OAC 252:100-8-6.3 from the Oklahoma SIP at 40
CFR 52.1920(c) because these provisions pertain solely to Acid Rain
program requirements that are implemented through the approved Oklahoma
part 70 program.
The EPA is proposing to update the amendatory language table at 40
CFR 52.1920(c) to correct the citation for OAC 252:100-7-60.1, Cotton
gins, and correct the state effective dates for OAC 252:100-5-1, OAC
252:100-8-1, OAC 252:100-8-1.2, OAC 252:100-8-1.3, OAC 252:100-8-1.4,
OAC 252:100-8-1.5, OAC 252:100-8-3, OAC 252:100-8-6.2, OAC 252:100-8-
7.3, OAC 252:100-8-7.4, OAC 252:100-8-7.5, OAC 252:100-8-30, OAC
252:100-8-37, OAC 252:100-8-38, OAC 252:100-8-50, OAC 252:100-8-53, OAC
252:100-8-54.1, OAC 252:100-8-55, OAC 252:100-8-56.
V. Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Oklahoma regulations for air permitting as
described in section III. of this preamble, Proposed Action. We have
made, and will continue to make, these documents generally available
electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a> (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the
[[Page 51263]]
Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR
52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely proposes to approve state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP 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);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
This proposed approval of revisions to the Oklahoma SIP that update
the Oklahoma regulations for air permitting 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 Tribal
governments that may be affected by this action and provided
information about this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 29, 2025.
Walter Mason,
Regional Administrator, Region 6.
[FR Doc. 2025-19989 Filed 11-14-25; 8:45 am]
BILLING CODE 6560-50-P
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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.