Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 89589 

1Henceforth referred to as our ‘‘June 2023’’ 

proposal. 

2The submitted revisions also address 

amendments to Subchapter 2, and Appendix Q, 

Incorporation by Reference, and Subchapter 8, 

Permits for Part 70 Sources and Major New Source 

Review (NSR) Sources, in the Oklahoma 

Administrative Code Title 252, Chapter 100, 

Oklahoma Department of Environmental Quality. 

More information about the EPA addressing these 

other sections may be found in the text of the June 

2023 proposed action. 

Protocol—Conformity Procedures 

(February 26, 2020) and San Francisco 

Bay Area Transportation Air Quality 

Conformity Protocol—Interagency 

Consultation Procedures (February 26, 

2020), adopted by MTC on February 26, 

2020, BAAQMD on March 4, 2020, and 

by ABAG on April 23, 2020. 

(2) [Reserved] 

(B) [Reserved] 

* * * * * 

[FR Doc. 2023–28494 Filed 12–27–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2023–0090; FRL–11014– 

02–R6] 

Air Plan Approval; Oklahoma; 

Revisions to Air Pollution Control 

Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is approving revisions to the State 

Implementation Plan (SIP) for 

Oklahoma, submitted to the EPA by the 

State of Oklahoma designee (‘‘the 

State’’) on January 30, 2023. The SIP 

revisions being approved address 

amendments to subchapters regarding 

Control of Emission of Volatile Organic 

Compounds (VOCs) and Emission of 

Volatile Organic Compounds (VOCs) in 

Nonattainment Areas and Former 

Nonattainment Areas. 

DATES: This rule is effective on January 

29, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

EPA–R06–OAR–2023–0090. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet. Publicly available docket 

materials are available electronically 

through https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Emad Shahin, EPA Region 6 Office, 

Infrastructure and Ozone Section, 214– 

665–6717, shahin.emad@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our June 13, 2023, 

proposal (88 FR 38433).1 In that 

document we proposed to approve a 

portion of the revisions to the Oklahoma 

SIP submitted on January 30, 2023. Our 

June 2023 proposal addressed only the 

portion of the submittal that referred to 

the Oklahoma Administrative Code 

(OAC) Title 252, Chapter 100 (denoted 

OAC 252:100), Subchapters 37, and 39. 

The remainder of the submitted 

revisions were addressed in a separate 

rulemaking action.2

The revisions addressed in our June 

2023 proposal add clarity and 

consistency to the Oklahoma SIP. The 

revisions do not relax the current SIP 

rules and are consistent with applicable 

Federal regulations. Therefore, and 

consistent with CAA section 110(l), we 

do not expect these revisions to interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress or any other applicable 

requirement of the Act. More detail on 

these revisions is provided in the docket 

for this action. 

Our June 2023 proposal provided a 

detailed description of the revisions and 

the rationale for the EPA’s proposed 

actions, together with a discussion of 

the opportunity to comment. The public 

comment period for our June 2023 

proposal was extended to August 14, 

2023, to allow additional time for 

stakeholders to review and comment on 

the proposal. 

We received comments from the 

Muscogee (Creek) Nation, the 

Chickasaw Nation, and two anonymous 

comments. One anonymous comment 

supported the extension of the comment 

period and the other was supportive of 

this action generally. Below are our 

responses to comments from the 

Muscogee (Creek) Nation and the 

Chickasaw Nation. 

II. Response to Comments 

Comment: During Tribal Consultation, 

the Muscogee (Creek) Nation asked for 

more information regarding the number 

of compressor station facilities within 

the Muscogee Reservation. 

Response: Region 6 was able to obtain 

the number of natural gas compressor 

stations within the Muscogee (Creek) 

Nation Reservation from the ODEQ 

emission inventory database. There are 

79 compressor stations in the counties 

that make up the reservation. 

Comment: Commenter stated concern 

about the number of compressor stations 

(and therefore the amount of loading at 

relevant condensate tanks) on Muscogee 

(Creek) Reservation land, the amount of 

VOC’s, and the effects that the VOC’s 

may have on Muscogee citizens’ health 

and the environment. 

Response: EPA agrees that VOC 

emissions can be harmful to human 

health and the environment but notes 

that this action will not result in any 

increase in emissions of VOCs. EPA has 

found this revision complies with Clean 

Air Act Requirements. EPA is required 

to approve SIP revisions that comply 

with all applicable requirements. 

This action merely clarifies ODEQ’s 

long standing interpretation that the 

provisions of Subchapter 37 do not 

apply to loading operations at 

condensate tanks at compressor stations. 

As this is just a clarification, there is no 

change to how these facilities are 

regulated in practice and there is no 

increase in emissions of VOC’s. This 

type of loading, however, remains 

regulated under separate provisions 

specific to compressor station 

operations. 

A loading facility has the main 

purpose of loading/unloading VOC’s in 

relatively large quantities using 

specialized equipment. Although 

condensate loading operations occur at 

compressor stations, that is not its main 

purpose. The transfer of condensate and 

produced water from atmospheric 

storage tanks into individual tanker 

trucks at a compressor station is a 

different type of operation both in scale 

and in the equipment used than is the 

case in, for example, the bulk transfer of 

gasoline at a pipeline terminal/bulk 

gasoline distribution system. 

Condensate loading operations at 

compressor stations were not meant to 

be covered by 252:100–37–16 as they do 

not have the physical equipment 

(loading arm and pump) to conduct this 

type of loading and have much lower 

throughput and emissions. The loading 

of condensate from natural gas 

compressor station is regulated under 

other ODEQ rules such as 252:100–37– 

15(b) for submerged fill or a vapor 

recovery system which applies to most 

condensate tanks at compressor stations 

since a typical tank is about 400 barrels 

(16,800 gallons). Also, natural gas 

compressor stations are subject to 

federal New Source Performance 

Standards (NSPS) such as Subpart 

OOOO. 


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3A copy of EPA’s October 1, 2020, approval can 

be found in the docket for this rulemaking on the 

https://www.regulations.gov website. See Document 

ID No. XXXXX 

Comment: Commenter stated concern 

that incineration of petroleum solvents 

as in dry cleaning filters is not an 

acceptable process in Indian Country 

and that the incineration of petroleum 

solvents creates Hazardous Air 

Pollutants that cause health and 

environmental justice issues. The 

commenter also stated that the outdated 

compliance schedule should be 

replaced with an updated one. 

Response: Based on its air quality 

inspections in Tulsa County, the ODEQ 

is not aware of any facilities that 

incinerate dry cleaning filters as 

referenced in this subchapter. In 

addition, the revision only clarifies that 

if a facility were to incinerate the filters, 

it can only be allowed if permitted by 

the appropriate regulatory entity. It is 

important to note that this section of the 

ODEQ rules does not set requirements 

that must be met to obtain a permit for 

incineration only that there be the 

appropriate permit which would be the 

case even if this provision was not 

included in the SIP. As such, the 

revision does not impact compliance 

with the Clean Air Act and therefore, 

EPA must approve the revision. 

The revision also removes the 

outdated compliance schedule of 

October 1, 1986. There is no need to 

replace this schedule as there is not a 

grace period for facilities to get into 

compliance; existing facilities should be 

complying already, and new facilities 

would need to begin operations in 

compliance with this subchapter. 

Comment: The commenter stated that 

there appears to be no environmental 

justice issue, but the Muscogee (Creek) 

Nation would like to see the EJ report 

and the reporting decision on the 

subject matter. 

Response: Please see ‘‘EJ 

Considerations’’ document, Doc. ID 

0005 in the docket for this action for 

review of Environmental Justice 

information related to this action. 

Comment: In their comment, the 

Chickasaw Nation provides some 

background on SAFETEA and the 

McGirt v. Oklahoma litigation. This 

includes the most current status that 

while EPA proposed the withdrawal 

and reconsideration of the October 1, 

2020, decision to grant Oklahoma 

authorization to administer EPA 

approved environmental programs in 

Indian Country, the October 2020 

decision remains in effect until EPA 

takes final action. The Chickasaw 

Nation comments that the EPA’s action 

on the Oklahoma SIP is premature and 

the agency should first resolve the issue 

of the withdrawal before proceeding 

with new regulatory actions under 

SAFETEA. The commenter recommends 

that no new actions that impact Indian 

country should be taken until a final 

decision is made on the October 2020 

approval. The Chickasaw Nation also 

comments regarding the importance of 

EPA’s federal trust obligations to Indian 

tribes including government-togovernment consultations and asks that 

EPA be more proactive in its fulfillment 

of federal trust responsibilities. 

Response: As stated in our June 2023 

proposal, and by the commenter, the 

State retains its authority to administer 

authorized programs in certain areas of 

Indian country pursuant to the October 

1, 2020, approval under SAFETEA 

while EPA undergoes its 

reconsideration of that decision. The 

State’s authority includes the 

implementation the SIP in areas of 

Indian country included in the October 

2020 approval and in non-reservation 

areas of Indian country pursuant to 

ODEQ v EPA. As also noted in the June 

2023 proposal, EPA may make further 

changes to this final approval of 

Oklahoma’s program to reflect the 

outcome of the proposed withdrawal 

and reconsideration of the October 1, 

2020, SAFETEA approval. EPA notes 

that the litigation involving the October 

2020 decision is currently being held in 

abeyance pending the outcome of EPA’s 

reconsideration. EPA takes seriously its 

general federal trust responsibility to 

tribes. By example, EPA has engaged 

with and offered consultation to all 

affected Oklahoma tribes on this matter. 

EPA intends to continue its engagement 

with tribes on relevant matters, 

including on actions related to 

approvals in Oklahoma and with 

regards to SAFETEA. 

III. Final Action 

We are approving portions of a SIP 

revision submitted to the EPA by the 

State of Oklahoma on January 30, 2023. 

Specifically, we are approving the 

revisions to OAC 252:100, Subchapters 

37 (Control of Emission of Volatile 

Organic Compounds (VOCs), and 39 

(Emission of Volatile Organic 

Compounds (VOCs) in Nonattainment 

Areas and Former Nonattainment 

Areas). We are approving these 

revisions in accordance with section 

110 of the Act. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference the revisions 

to the Oklahoma regulations as 

described in Section III of this preamble, 

Final Action. The revised regulations 

address VOC emissions. The EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated in the next update to the 

SIP compilation. 

V. Impact on Areas of Indian Country 

As stated in the proposed action, on 

October 1, 2020, the EPA approved 

Oklahoma’s request to administer all the 

State’s EPA-approved environmental 

regulatory programs, including the 

Oklahoma SIP, in the requested areas of 

Indian country pursuant to 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’’).3

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’’). In addition, the State only 

sought approval to the extent that such 

approval is 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). 

As explained earlier in this action, the 

EPA is approving revisions to portions 

of the Oklahoma SIP that were 

submitted by the State of Oklahoma on 

January 24, 2023. More specifically, we 

are approving a revision providing 

clarification to OAC 252:100–37–16 of 

Subchapter 37, Control of Emission of 

Volatile Organic Compounds (VOCs) 


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4 In accordance with Executive Order 13990, EPA 

is currently reviewing our October 1, 2020 

SAFETEA approval and expects to engage in further 

discussions with tribal governments and the State 

of Oklahoma as part of this review. EPA notes that 

the SAFETEA approval is the subject of a pending 

challenge in Federal court. (Pawnee v Regan, No. 

20–9635 (10th Cir.)). Pending completion of EPA’s 

review, EPA is proceeding with this proposed 

action in accordance with the October 1, 2020, 

approval. Although EPA is approving these 

revisions before our review of the SAFETEA 

approval is complete, EPA may make further 

changes to the approval of Oklahoma’s program to 

reflect the outcome of the proposed withdrawal and 

reconsideration of the October 1, 2020, SAFETEA 

approval. 

5See invitation for consultation, dated June 8, 

2023, in the docket for this action. 

and amending language and correcting 

approval process for OAC 252:100–39– 

45 of Subchapter 39, Emission of 

Volatile Organic Compounds (VOCs) in 

Nonattainment Areas and Former 

Nonattainment Areas, in the Oklahoma 

Administrative Code Title 252, Chapter 

100, Oklahoma Department of 

Environmental Quality. Consistent with 

the D.C. Circuit’s decision in ODEQ v. 

EPA and with EPA’s October 1, 2020, 

SAFETEA approval, these SIP revisions 

will apply to all Indian country within 

Oklahoma, other than the excluded 

Indian country lands, as described 

earlier. Because—per the State’s request 

under SAFETEA—EPA’s October 1, 

2020, SAFETEA approval does not 

displace any SIP authority previously 

exercised by the State under the CAA as 

interpreted in ODEQ v. EPA, the SIP 

will also apply to any Indian allotments 

or dependent Indian communities 

located outside of an Indian reservation 

over which there has been no 

demonstration of tribal authority.4

VI. Environmental Justice 

Considerations 

As stated in our June 2023 proposal 

and posted in the docket for this action, 

EPA reviewed demographic data, which 

provides an assessment of individual 

demographic groups of the populations 

living within Oklahoma. EPA then 

compared the data to the national 

average for each of the demographic 

groups. The results of this analysis are 

being provided for informational and 

transparency purposes. The results of 

the demographic analysis indicate that, 

for populations within Oklahoma, the 

percent people of color (persons who 

reported their race as a category other 

than White alone (not Hispanic or 

Latino)) is less than the national average 

(38.5 percent versus 43.1 percent). 

Within people of color, the percent of 

the population that is Black or African 

American alone is less than the national 

average (7.8 percent versus 13.6 percent) 

and the percent of the population that 

is American Indian/Alaska Native is 

greater than the national average (9.7 

percent versus 1.3 percent). The percent 

of the population that is two or more 

races is greater than the national average 

(6.6 percent versus 2.9 percent). The 

percent of people living in poverty in 

Oklahoma is greater than the national 

average (15.6 percent versus 11.6 

percent). 

This final action approves new rules 

into the Oklahoma SIP that are 

anticipated to add clarification and 

consistency to the SIP and will 

generally be neutral or contribute to 

reduced environmental and health 

impacts on all populations in 

Oklahoma, including indigenous 

people, people of color, and low-income 

populations. There is no information in 

the record indicating that this action is 

expected to have disproportionately 

high or adverse human health or 

environmental effects on a particular 

group of people. EPA offered 

consultation on our proposed 

rulemaking to tribal governments that 

may be affected by this action.5 We 

received one request for tribal 

consultation from the Muscogee Nation 

and provided such on August 10, 2023. 

VII. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the 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 Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• 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.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, 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); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• 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; and 

• Does 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). 

In addition, the SIP is 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 country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Consistent with the EPA Policy on 

Consultation and Coordination with 

Indian Tribes (May 4, 2011), the EPA 

offered consultation (by letter dated 

June 8, 2023) on our proposed 

rulemaking to tribal governments that 

may be affected by this action. We 

received a request for formal tribal 

consultation from the Muscogee Nation 

and provided consultation on August 

10, 2023. 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 


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89592 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The Oklahoma Department of 

Environmental Quality did not evaluate 

EJ considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA performed an EJ analysis, as is 

described earlier in the section titled, 

‘‘Environmental Justice 

Considerations.’’ The analysis was done 

for the purpose of providing additional 

context and information about this 

rulemaking to the public, not as a basis 

of the action. Due to the nature of the 

action being taken here, this action is 

expected to have a neutral to positive 

impact on the air quality of the affected 

area. In addition, there is no information 

in the record upon which this decision 

is based inconsistent with the stated 

goal of E.O. 12898 of achieving EJ for 

people of color, low-income 

populations, and Indigenous peoples. 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 26, 

2024. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Volatile organic 

compounds. 

Dated: December 19, 2023. 

Earthea Nance, 

Regional Administrator, Region 6. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 52 as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart LL—Oklahoma 

■ 2. In § 52.1920, the table in paragraph 

(c) titled ‘‘EPA Approved Oklahoma 

Regulations’’ is amended by revising 

entries for 252:100–37–16 and 252:100– 

39–45 to read as follows: 

§ 52.1920 Identification of plan 

* * * * * 

(c) * * * 

EPA APPROVED OKLAHOMA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

CHAPTER 100 (OAC 252:100). AIR POLLUTION CONTROL 

*******

Subchapter 37. Control of Emission of Volatile Organic Compounds (VOC) 

*******

PART 5. Control of VOCs in Coating Operations 

*******

252:100–37–16 ....................... Loading of VOCs ................... 9/15/2020 12/28/2023, [Insert Federal 

Register citation].

* * * * * * * 

Subchapter 39. Emission of Volatile Organic Compounds (VOCs) in Nonattainment Areas and Former Nonattainment Areas 

*******

PART 7. Specific Operations 

*******

252:100–39–45 ....................... Petroleum (solvent) dry cleaning.

9/15/2020 12/28/2023. [Insert Federal 

Register citation].

* * * * * * * 


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[FR Doc. 2023–28496 Filed 12–27–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2023–0175; FRL–11053– 

02–R2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Emission Statement Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) submitted by 

the New York State Department of 

Environmental Conservation (NYSDEC) 

for purposes of enhancing an existing 

emission statement program for 

stationary sources in New York State. 

The SIP revision consists of 

amendments to regulations in New 

York’s Codes, Rules and Regulations 

(NYCRR) applicable to the emission 

statements. These provisions establish 

electronic reporting requirements for 

annual emission statements filed by 

facilities subject to Title V operating 

permits of the Act beginning in 2022 

(for calendar year 2021 emission 

reporting). The Emission Statement rule 

also improves the EPA’s and the public 

access to facility-specific emission 

related data. This action is being taken 

in accordance with the requirements of 

the Clean Air Act (Act or CAA). 

DATES: This final rule is effective on 

January 29, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2023–0175. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Controlled Unclassified 

Information (CUI) (formally referred to 

as Confidential Business Information 

(CBI)) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ysabel Banon, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, telephone number 

(212) 637–3382, or by email at 

banon.ysabel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Public Comments and EPA’s Response 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

On October 4, 2023 (88 FR 68529), the 

EPA published a Notice of Proposed 

Rulemaking that proposed to approve a 

State Implementation Plan (SIP) 

revision submitted by the NYSDEC on 

March 21, 2022, for purposes of 

enhancing an existing Emission 

Statement program for stationary 

sources in New York, with a state 

effective date of December 18, 2020. 

The SIP revision was submitted by 

NYSDEC to satisfy the ozone 

nonattainment provision of the Act and 

allows NYSDEC to more effectively plan 

for and attain the national ambient air 

quality standards (NAAQS). The 

purpose of 6 NYCRR Subpart 202–2, 

‘‘Emission Statements,’’ is to establish 

the requirements for annual emission 

statements filed by facilities subject to 

Title V operating permits under the Act. 

These requirements are set forth in 

EPA’s Air Emission Report 

Requirements rule (AERR). See 40 CFR 

51 Subpart A. The SIP revision 

establishes electronic reporting 

requirements for annual emission 

statements filed by facilities subject to 

Title V operating permits of the Act 

beginning in 2022 (for calendar year 

2021 emission reporting). 

The specific details of NYSDEC’s SIP 

submittal and the rationale for the EPA’s 

approval action are explained in the 

EPA’s proposed rulemaking and are not 

restated in this final action. For this 

detailed information, the reader is 

referred to the EPA’s October 4, 2023, 

proposed rulemaking. See 88 FR 68529. 

II. Public Comments and EPA 

Responses 

In response to the EPA’s October 4, 

2023, proposed rulemaking on 

NYSDEC’s SIP revision, the EPA 

received three supportive comments 

during the 30-day public comment 

period. The specific comments may be 

viewed under Docket ID Number EPA– 

R02–OAR–2023–0175 on the https://

regulations.gov website. 

Comment 1 

One commenter indicated that by 

enacting policies such as this, the 

NYSDEC can better regulate the major 

sources of air pollution and therefore 

move us toward achieving the NAAQS. 

Implementing an electronic submission 

system for major polluters will impose 

more responsibility on them to meet 

these emission requirements, especially 

if these companies are fined for not 

doing so. Additionally, the commenter 

suggested that this annual record be 

made available to the public. 

Response 1 

The EPA acknowledges the 

commenter’s support of the EPA’s 

proposed rule. Title 6 NYCRR, Chapter 

III, Part 202, Subpart 202–2.4(j) 

indicates that the facilities may be 

subject to enforcement actions, 

including monetary fines for incomplete 

and inaccurate emission statements. The 

commenter can review it at the EPA 

Docket ID number EPA–R02–OAR– 

2023–0175. The EPA also recognizes the 

commenter’s request for the EPA to 

make the records publicly available. The 

public can access the annual emission 

records on NYSDEC’s website 

www.dec.ny.gov/chemical/ 

125566.html#point. 

Comment 2 & 3 

Two additional public comments 

were received, which were supportive 

of the EPA’s proposed approval of 

NYSDEC’s SIP revisions. The 

commenters indicated that the revisions 

to the SIP improve air quality. 

Response 2 & 3 

The EPA acknowledges the 

commenters’ support of the EPA’s 

proposed rule. 

III. Final Action 

The EPA is approving a SIP revision 

submitted by NYSDEC on March 21, 

2022, for purposes of enhancing an 

existing Emission Statement program for 

stationary sources in New York. The SIP 

revision consists of amendments to Title 

6 NYCRR, Chapter III, part 202, subpart 

202–2, ‘‘Emission Statements,’’ with a 

state effective date of December 18, 

2020. 

Based on the EPA’s review, the 

Emission Statement rule contains the 

necessary applicability, compliance, 

enforcement, and reporting 

requirements for an approvable 

emission statement program. 

IV. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 6 

NYCRR Part 202, Subpart 202–2, 


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