39638 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Proposed Rules 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule will not result in such an 

expenditure, we do discuss the effects of 

this proposed rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule simply promulgates the operating 

regulations or procedures for 

drawbridges. Normally, such actions are 

categorically excluded from further 

review, under figure 2–1, paragraph 

(32)(e), of the instruction. 

A preliminary Record of 

Environmental Consideration and a 

Memorandum for the Record are not 

required for this proposed rule. We seek 

any comments or information that may 

lead to the discovery of a significant 

environmental impact from this 

proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacynotice. 

Documents mentioned in this NPRM 

as being available in this docket and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. In § 117.791, revise paragraph (c) to 

read as follows: 

§ 117.791 Hudson River. 

* * * * * 

(c) The draw of the CSX 

Transportation Bridge, mile 146.2, 

between Albany and Rensselaer, shall 

open on signal; except that, from April 

1 through December 15, from 11 p.m. to 

7 a.m., the draw shall open on signal if 

at least 4 hours notice is given and, from 

December 16 through March 31, the 

draw shall open on signal if at least 24 

hours notice is given. 

* * * * * 

Dated: July 26, 2018. 

A.J. Tiongson, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2018–17208 Filed 8–9–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R04–OAR–2018–0296; FRL–9982– 

02—Region 4] 

Air Plan and Operating Permit Program 

Approval: AL, GA and SC; Revisions to 

Public Notice Provisions in Permitting 

Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

portions of State Implementation Plan 

(SIP) revisions and the Title V Operating 

Permit Program revisions submitted on 

May 19, 2017, by the State of Alabama, 

through the Alabama Department of 

Environmental Management (ADEM); 

submitted on November 29, 2017, by the 

State of Georgia, through the Georgia 

Environmental Protection Division 

(Georgia EPD); and submitted on 

September 5, 2017, by the State of South 

Carolina, through the South Carolina 

Department of Health and 

Environmental Control (SC DHEC). 

These revisions address the public 

notice rule provisions for the New 

Source Review (NSR) and Title V 

Operating Permit programs (Title V) of 

the Clean Air Act (CAA or Act) that 

remove the mandatory requirement to 

provide public notice of a draft air 

permit in a newspaper and that allow 

electronic notice (‘‘e-notice’’) as an 

alternate noticing option. EPA is 

proposing to approve these revisions 

pursuant to the CAA and implementing 

federal regulations. 

DATES: Written comments must be 

received on or before September 10, 

2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2018–0296 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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. EPA will generally 

not consider comments or comment 


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1EPA is not proposing to act on the portion of 

Alabama’s May 19, 2017 SIP revision regarding 

335–3–14–.06 because that rule is not part of the 

federally-approved Alabama SIP. 

2EPA fully approved Alabama’s Title V Operating 

Permit program on October 29, 2001 (66 FR 54444). 

3EPA fully approved Georgia’s Title V Operating 

Permit program on June 8, 2000 (65 FR 36358). 

content located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Kelly Fortin of the Air Permitting 

Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. Ms. Fortin can be 

reached by telephone at (404) 562–9117 

or via electronic mail at fortin.kelly@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 5, 2016, EPA finalized 

revised public notice rule provisions for 

the NSR, Title V, and Outer Continental 

Shelf permitting programs of the CAA. 

See 81 FR 71613 (October 18, 2016). 

These rule revisions remove the 

mandatory requirement to provide 

public notice of a draft air permit 

through publication in a newspaper and 

allow for internet e-notice as an option 

for permitting authorities implementing 

their own EPA-approved SIP rules and 

Title V rules, such as the Alabama, 

Georgia, and South Carolina EPAapproved programs. Permitting 

authorities are not required to adopt enotice. Nothing in the final rules 

prevents a permitting authority of an 

EPA-approved permitting program from 

continuing to use newspaper 

notification and/or from supplementing 

e-notice with newspaper notification 

and/or additional means of notification. 

When e-notice is provided, EPA’s rule 

requires electronic access (e-access) to 

the draft permit. Generally, state and 

local agencies intend to post the draft 

permits and public notices in a 

designated location on their agency 

websites. For the noticing of draft 

permits issued by permitting authorities 

with EPA-approved programs, the rule 

requires the permitting authority to use 

‘‘a consistent noticing method’’ for all 

permit notices under the specific 

permitting program. 

EPA anticipates that e-notice, which 

is already being practiced by many 

permitting authorities, will enable 

permitting authorities to communicate 

permitting and other affected actions to 

the public more quickly and efficiently 

and will provide cost savings over 

newspaper publication. EPA further 

anticipates that e-access will expand 

access to permit-related documents. A 

full description of the e-notice and eaccess provisions are contained in 

EPA’s October 18, 2016 (81 FR 71613), 

publication. 

II. Analysis of Alabama’s E-Notice Rule 

Revisions 

Chapter 335–3–14, Air Permits; 

Chapter 335–3–15, Synthetic Minor 

Operating Permits; and Chapter 335–3– 

16, Major Source Operating Permits, 

were revised to incorporate EPA’s 

amendments to the federal public notice 

regulations discussed above. 

Specifically, ADEM revised 335–3–14– 

.01(7) (General Provisions), –.04(16) 

(Prevention of Significant Deterioration 

Permitting; Public Participation), 

–.04(19) (Prevention of Significant 

Deterioration Permitting; Permit 

Rescission), –.05(16) (Air Permits 

Authorizing Construction in or near 

Non-Attainment Areas; Public 

Participation), –.06(3)(e) (Public 

Participation for permitting involving 

maximum achievable control 

technology determinations), –15–.05 

(Synthetic Minor Operating Permits; 

Public Participation), and –16–.15(4) 

(Major Source Operating Permits; Public 

Participation). ADEM’s regulations were 

the subject of a public hearing on March 

8, 2017, were adopted on April 21, 

2017, and became effective on June 9, 

2017. Based on a review of these 

proposed revisions, EPA has 

preliminarily determined that they meet 

the requirements of the revised federal 

e-notice provisions. ADEM’s revised 

rules require that for all draft permits for 

potential major NSR, Title V, and 

synthetic minor sources, all public 

notices, a copy of all materials 

submitted by the applicant, the 

preliminary determination, and a link to 

the draft permit will be posted on the 

Department’s website for the duration of 

the public comment period. 

Chapters 335–3–14 (Air Permits) and 

335–3–15 (Synthetic Minor Operating 

Permits) are SIP elements and the public 

notice revisions to these SIP-approved 

rules are proposed to be incorporated 

into the Alabama SIP, which also 

applies to permits issued by Jefferson 

County Department of Health and the 

City of Huntsville, Alabama.1 Chapter 

335–3–16 (Major Source Operating 

Permits) is part of ADEM’s EPAapproved Title V Operating Permit 

program, which is not part of the 

Alabama SIP.2 EPA is proposing to 

approve these Title V program revisions 

pursuant to 40 CFR 70.4. Jefferson 

County Department of Health and the 

City of Huntsville, Alabama, have Title 

V operating permit programs that were 

originally approved by EPA separately 

from ADEM’s Title V Operating Permit 

program, as these local programs have 

authority under Alabama State law to 

develop local regulations that ensure 

applicants are required, at a minimum, 

to satisfy the requirements of State law. 

Hence, EPA will take separate action on 

the revisions to the Jefferson County 

Department of Health and City of 

Huntsville, Alabama, Title V programs 

upon receipt of their respective 

submittals. 

III. Analysis of Georgia’s E-Notice Rule 

Revisions 

Rule 391–3–1–.02(7)(a)1, Prevention 

of Significant Deterioration of Air 

Quality, and Rule 391–3–1–.03(10), Title 

V Operating Permits, of Georgia’s Rules 

for Air Quality Control, Chapter 391–3– 

1, were revised to incorporate EPA’s 

amendments to the federal public notice 

regulations, as discussed above. Georgia 

EPD’s revisions were the subject of a 

public hearing on May 9, 2017, were 

adopted on June 28, 2017, and became 

effective on July 20, 2017. Based on a 

review of the proposed revisions, EPA 

has preliminarily determined that 

Georgia EPD’s provisions for the PSD 

and Title V Operating Permit programs 

meet the requirements of the revised 

federal e-notice provisions at 40 CFR 

51.166 and 40 CFR 70.7. 

Rule 391–3–1–.02(7)(a)1, Prevention 

of Significant Deterioration of Air 

Quality is a required SIP element and, 

hence, the revision to this SIP-approved 

rule is proposed to be incorporated into 

the Georgia SIP. Georgia EPD’s SIPapproved PSD rules incorporate by 

reference the public participation 

requirements of 40 CFR 52.21(q). In this 

revision, Georgia EPD updated the 

incorporation by reference date to 

include EPA’s October 18, 2016, 

promulgation of the e-notice revisions. 

These provisions require both e-notice 

and e-access. 

Rule 391–3–1–.03(10), Title V 

Operating Permits, of Georgia’s Rules 

for Air Quality Control is part of 

Georgia’s EPA-approved Title V 

Operating Permit program, which is not 

part of the Georgia SIP.3 Georgia EPD’s 

Title V program incorporates by 

reference public participation 


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4 In its November 29, 2017, submittal, GA EPD 

also sought to revise its EPA-approved Title V 

Operating Permit program to ‘‘exempt fire pumps 

from permitting and to specify fire pumps as an 

insignificant activity for the purposes of Title V.’’ 

EPA is not proposing to act on this proposed 

revision at this time. 

5See Letter from Myra C. Reese, SC DHEC, to 

Trey Glenn, EPA (Sept. 1, 2017) transmitting the 

SIP revisions and Title V permit revisions received 

by EPA on September 5, 2017. This letter is 

included in the docket for this proposed action. 

6EPA fully approved South Carolina’s Title V 

Operating Permit program on June 26, 1995 (60 FR 

32913). 

requirements of the federal provisions at 

40 CFR 70.7(h). In this revision, Georgia 

EPD updated the incorporation by 

reference date to include EPA’s October 

18, 2016, promulgation of the e-notice 

revisions, which allow for either 

electronic notice or newspaper notice, 

and require that the State use a 

consistent noticing method. The Georgia 

Air Quality Act, however, requires 

newspaper notice upon receipt of a 

complete application for a Title V 

permit or Title V permit modification. 

See O.C.G.A. § 12–9–9. Until such time 

that requirement is lifted, Georgia EPD 

will continue to publish both a 

newspaper notice and electronic notice, 

and will inform the public and EPA 

when Georgia EPD intends to move to 

electronic notices only. EPA is 

proposing to approve the public notice 

revision to Georgia’s EPA-approved 

Title V Operating Permit program.4

IV. Analysis of South Carolina’s ENotice Rule Revisions 

Regulation 61–62.5, Standard No. 7, 

Prevention of Significant Deterioration, 

and Regulation 61–62.70, Title V 

Operating Permit Program of the South 

Carolina Air Pollution Control 

Regulations and Standards, were 

revised to incorporate EPA’s 

amendments to the federal public notice 

regulations discussed above. 

Specifically, SC DHEC revised 

Regulation 61–62.5, Standard No. 7 at 

Sections (q) and (w)(4) and Regulation 

61–62.70 at Section 7(h). SC DHEC’s 

regulations were the subject of a public 

hearing on August 10, 2017, and were 

adopted and became effective on August 

25, 2017. 

SC DHEC’s revisions add language 

allowing the Department to use e-notice 

and requiring e-access if e-notice is used 

as the consistent noticing method. 

Based on a review of the proposed 

revisions, EPA has preliminarily 

determined that SC DHEC’s revisions 

meet the requirements of the revised 

federal e-notice provisions. SC DHEC’s 

revised rules require that for all 

proposed PSD and Title V permits, the 

Department will use a ‘‘consistent 

noticing method.’’ SC DHEC has 

indicated that they intend to use a 

public website identified by the 

Department as their consistent noticing 

method.5

Regulation 61–62.5, Standard No. 7, 

Prevention of Significant Deterioration 

is a required SIP element and, hence, 

the public notice revisions to this SIPapproved rule are proposed to be 

incorporated into the South Carolina 

SIP. Regulation 61–62.70, Title V 

Operating Permit Program is part of 

South Carolina’s EPA-approved Title V 

Operating Permit program, which is not 

part of the South Carolina SIP, and the 

public notice revisions are therefore 

being proposed for approval pursuant to 

40 CFR 70.4.6

V. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final EPA rule, regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

the following provisions that all address 

the public notice requirements for CAA 

permitting: Alabama Chapter 335–3–14, 

‘‘Air Permits’’ at 335–3–14–.01, –.04, 

–.05 and –.06 and Chapter 335–3–15 

‘‘Synthetic Minor Operating Permits’’ at 

335–3–15–.05 effective December June 

9, 2017; Georgia Rule 391–3–1–.02, 

‘‘Prevention of Significant Deterioration 

of Air Quality’’ at 391–3–1–.02(7)(a)1, 

effective July 20, 2017; and South 

Carolina Regulation 61–62.5, Standard 

No. 7, ‘‘Prevention of Significant 

Deterioration’’ at Sections (q) and (w)(4), 

effective August 25, 2017. EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 4 office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. Proposed Action 

EPA is proposing to approve the 

portions of Alabama’s May 19, 2017, 

Georgia’s November 29, 2017, and South 

Carolina’s September 5, 2017, SIP and 

Title V program revisions addressing the 

public notice requirements for CAA 

permitting. EPA has preliminarily 

concluded that the States’ submissions 

meet the plan revisions requirements of 

CAA section 110 and the SIP 

requirements of 40 CFR 51.161, 51.165, 

and 51.166, as well as the public notice 

and revisions requirements of 40 CFR 

70.4 and 70.7. 

VII. Statutory and Executive Order 

Reviews 

In reviewing SIP and Title V 

submissions, EPA’s role is to approve 

such submissions, provided that they 

meet the criteria of the CAA and EPA’s 

implementing regulations. These actions 

merely propose to approve state law as 

meeting Federal requirements and do 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, these proposed actions: 

• Are not significant regulatory 

actions subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Are not Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

actions because the actions are not 

significant under Executive Order 

12866; 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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; and 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIPs subject to these proposed 

actions, with the exception of the South 

Carolina SIP, are not approved to apply 

on any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 


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country, the proposed rules regarding 

SIPs do not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), nor will 

they impose substantial direct costs on 

tribal governments or preempt tribal 

law. With respect to the South Carolina 

SIP, EPA notes that the Catawba Indian 

Nation Reservation is located within the 

boundary of York County, South 

Carolina, and pursuant to the Catawba 

Indian Claims Settlement Act, S.C. Code 

Ann. 27–16–120, ‘‘all state and local 

environmental laws and regulations 

apply to the Catawba Indian Nation and 

Reservation and are fully enforceable by 

all relevant state and local agencies and 

authorities.’’ Thus, the South Carolina 

SIP applies to the Catawba Reservation; 

however, because the proposed action 

related to South Carolina is merely 

modifying public notice provisions for 

certain types of air permits issued by SC 

DHEC, EPA has preliminarily 

determined that there are no substantial 

direct effects on the Catawba Indian 

Nation. EPA has also preliminarily 

determined that the proposed action 

related to South Carolina’s SIP will not 

impose any substantial direct costs on 

tribal governments or preempt tribal 

law. 

Furthermore, the proposed rules 

regarding Title V Operating Permit 

programs do not have tribal 

implications because they are not 

approved to apply to any source of air 

pollution over which an Indian Tribe 

has jurisdiction, nor will these proposed 

rules impose substantial direct costs on 

tribal governments or preempt tribal 

law. 

List of Subjects 

40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

40 CFR Part 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Operating Permits, Reporting 

and recordkeeping requirements. 

Dated: July 31, 2018. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

[FR Doc. 2018–17207 Filed 8–9–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 61 and 63 

[EPA–R06–OAR–2008–0063; FRL–9972– 

26—Region 6] 

National Emission Standards for 

Hazardous Air Pollutants; Delegation 

of Authority to Oklahoma 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Oklahoma Department of 

Environmental Quality (ODEQ) has 

submitted updated regulations for 

receiving delegation and approval of its 

program for the implementation and 

enforcement of certain National 

Emission Standards for Hazardous Air 

Pollutants (NESHAP) for all sources 

(both part 70 and non-part 70 sources), 

as provided for under previously 

approved delegation mechanisms. The 

updated state regulations incorporate by 

reference certain NESHAP promulgated 

by the EPA at parts 61 and 63, as they 

existed through September 1, 2016. The 

EPA is proposing to approve ODEQ’s 

requested delegation update. 

DATES: Written comments on this 

proposed rule must be received on or 

before September 10, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2008–0063, at http://

www.regulations.gov or via email to 

barrett.richard@epa.gov. Follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. 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 Mr. Rick Barrett, 214–665–7227, 

barrett.richard@epa.gov. For the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rick Barrett (6MM–AP), (214) 665–7227; 

email: barrett.richard@epa.gov. To 

inspect the hard copy materials, please 

schedule an appointment with Mr. Rick 

Barrett or Mr. Bill Deese at (214) 665– 

7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

Table of Contents 

I. What does this action do? 

II. What is the authority for delegation? 

III. What criteria must Oklahoma’s program 

meet to be approved? 

IV. How did ODEQ meet the NESHAP 

program approval criteria? 

V. What is being delegated? 

VI. What is not being delegated? 

VII. How will statutory and regulatory 

interpretations be made? 

VIII. What authority does the EPA have? 

IX. What information must ODEQ provide to 

the EPA? 

X. What is the EPA’s oversight role? 

XI. Should sources submit notices to the EPA 

or ODEQ? 

XII. How will unchanged authorities be 

delegated to ODEQ in the future? 

XIII. Proposed Action 

XIV. Statutory and Executive Order Reviews 

I. What does this action do? 

EPA is proposing to update its 

approval of Oklahoma’s program for the 

implementation and enforcement of 

certain NESHAP. If finalized, the 

delegation will provide ODEQ with the 

primary responsibility to implement 

and enforce the delegated standards. 

II. What is the authority for delegation? 

Section 112(l) of the CAA and 40 CFR 

part 63, subpart E, authorize the EPA to 

delegate authority for the 

implementation and enforcement of 

emission standards for hazardous air 

pollutants to a State or local agency that 

satisfies the statutory and regulatory 

requirements in subpart E. The 

hazardous air pollutant standards are 

codified at 40 CFR parts 61 and 63. 

III. What criteria must Oklahoma’s 

program meet to be approved? 

Section 112(l)(5) of the CAA requires 

the EPA to disapprove any program 

submitted by a State for the delegation 


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