[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Proposed Rules]
[Pages 48363-48366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18164]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[EPA-R06-OAR-2020-0086; FRL-8847-01-R6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Oklahoma Department of Environmental Quality (ODEQ) has 
submitted updated regulations for receiving delegation and approval of 
its program for the implementation and enforcement of certain National 
Emission Standards for Hazardous Air Pollutants (NESHAP), as provided 
for under previously approved delegation mechanisms. The updated state 
regulations incorporate by reference certain NESHAP promulgated by the 
Environmental Protection Agency (EPA) as they existed through June 30, 
2019. The EPA is proposing to approve ODEQ's requested delegation 
update. The proposed delegation of authority under this action applies 
to sources located in certain areas of Indian country as discussed 
herein.

DATES: Written comments on this proposed rule must be received on or 
before September 29, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2020-0086, at http://www.regulations.gov or via email to 
<a href="/cdn-cgi/l/email-protection#6d0f0c1f1f081919431f040e050c1f092d081d0c430a021b"><span class="__cf_email__" data-cfemail="c2a0a3b0b0a7b6b6ecb0aba1aaa3b0a682a7b2a3eca5adb4">[email protected]</span></a>. 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 Rick Barrett, 214-665-
7227, <a href="/cdn-cgi/l/email-protection#8defecffffe8f9f9a3ffe4eee5ecffe9cde8fdeca3eae2fb"><span class="__cf_email__" data-cfemail="81e3e0f3f3e4f5f5aff3e8e2e9e0f3e5c1e4f1e0afe6eef7">[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 https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov. While all documents in the 
docket are listed in the index, some information may not be publicly 
available due to docket file size restrictions or content (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Rick Barrett, EPA Region 6 Office, 
ARPE, (214) 665-7227, <a href="/cdn-cgi/l/email-protection#4d2f2c3f3f283939633f242e252c3f290d283d2c632a223b"><span class="__cf_email__" data-cfemail="6c0e0d1e1e091818421e050f040d1e082c091c0d420b031a">[email protected]</span></a>. Out of an abundance of 
caution for members of the public and our staff, the EPA Region 6 
office will be closed to the public to reduce the risk of transmitting 
COVID-19. We encourage the public to submit comments via https://www.regulations.gov, as there will be a delay in processing mail and no 
courier or hand deliveries will be accepted. Please call or email the 
contact listed above if you need alternative access to material indexed 
but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. What does this action do?
II. What is the authority for delegation?
III. What criteria must Oklahoma's program meet to be approved?
IV. How did ODEQ meet the NESHAP program approval criteria?
V. What is being delegated?
VI. What is not being delegated?
VII. How will statutory and regulatory interpretations be made?
VIII. What Authority Does the EPA Have?
IX. What Information must ODEQ provide to the EPA?
X. What is the EPA's oversight role?
XI. Should sources submit notices to the EPA or ODEQ?
XII. How will unchanged authorities be delegated to ODEQ in the 
future?
XIII. Impact on Areas of Indian Country
XIV. Proposed Action
XV. Statutory and Executive Order Reviews

I. What does this action do?

    The EPA is proposing to approve the delegation of the 
implementation and enforcement of certain NESHAPs to ODEQ. If 
finalized, the delegation will provide ODEQ with the primary 
responsibility to implement and enforce the delegated standards.

II. What is the authority for delegation?

    Section 112(l) of the Clean Air Act (CAA), and 40 CFR part 63, 
subpart E, authorize the EPA to delegate authority to any State or 
local agency which submits adequate regulatory procedures for 
implementation and enforcement of emission standards for hazardous air 
pollutants. The hazardous air pollutant standards are codified at 40 
CFR parts 61 and 63.

III. What criteria must Oklahoma's program meet to be approved?

    Section 112(l)(5) of the CAA requires the EPA to disapprove any 
program submitted by a State for the delegation of NESHAP standards if 
the EPA determines that:
    (A) The authorities contained in the program are not adequate to 
assure compliance by the sources within the State with respect to each 
applicable standard, regulation, or requirement established under 
section 112;
    (B) adequate authority does not exist, or adequate resources are 
not available, to implement the program;
    (C) the schedule for implementing the program and assuring 
compliance by affected sources is not sufficiently expeditious; or
    (D) the program is otherwise not in compliance with the guidance 
issued by the EPA under section 112(l)(2) or is not likely to satisfy, 
in whole or in part, the objectives of the CAA.
    In carrying out its responsibilities under section 112(l), the EPA 
promulgated regulations at 40 CFR part 63, subpart E setting forth 
criteria for the approval of submitted programs. For example, in order 
to obtain approval of a program to implement and enforce Federal 
section 112 rules as promulgated without changes (straight delegation) 
for part 70 sources, a state must demonstrate that it meets the 
criteria of 40 CFR 63.91(d). 40 CFR 63.91(d)(3) provides that interim 
or final Title V program approval will satisfy the criteria of 40 CFR 
63.91(d).\1\ The NESHAP delegation for Oklahoma, as it applies to both 
part 70 and non-part 70

[[Page 48364]]

sources, was most recently approved on October 22, 2018 (83 FR 53183).
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    \1\ Some NESHAP standards do not require a source to obtain a 
Title V permit (e.g., certain area sources that are exempt from the 
requirement to obtain a Title V permit). For these non-Title V 
sources, the EPA believes that the State must assure the EPA that it 
can implement and enforce the NESHAP for such sources. See 65 FR 
55810, 55813 (September 14, 2000). The EPA previously approved 
Oklahoma's program to implement and enforce the NESHAP as they apply 
to non-part 70 sources. See 66 FR 1584 (January 9, 2001).
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IV. How did ODEQ meet the NESHAP program approval criteria?

    As to the NESHAP standards in 40 CFR parts 61 and 63, as part of 
its Title V submission ODEQ stated that it intended to use the 
mechanism of incorporation by reference to adopt unchanged Federal 
section 112 standards into its regulations. This commitment applied to 
both existing and future standards as they applied to part 70 sources. 
The EPA's final interim approval of Oklahoma's Title V operating 
permits program delegated the authority to implement certain NESHAP, 
effective March 6, 1996 (61 FR 4220, February 5, 1996). On December 5, 
2001, the EPA granted final full approval of the State's operating 
permits program (66 FR 63170). These interim and final Title V program 
approvals satisfy the upfront approval criteria of 40 CFR 63.91(d). 
Under 40 CFR 63.91(d)(2), once a state has satisfied up-front approval 
criteria, it needs only to reference the previous demonstration and 
reaffirm that it still meets the criteria for any subsequent submittals 
of the section 112 standards. ODEQ has affirmed that it still meets the 
up-front approval criteria. With respect to non-part 70 sources, the 
EPA has previously approved delegation of NESHAP authorities to ODEQ 
after finding adequate authorities to implement and enforce the NESHAP 
for such sources. See 66 FR 1584 (January 9, 2001).

V. What is being delegated?

    By letter dated December 23, 2019, ODEQ requested the EPA to update 
its existing NESHAP delegation. With certain exceptions noted in 
section VI of this document, Oklahoma's request included NESHAPs in 40 
CFR parts 61 and 63. ODEQ's request included newly incorporated NESHAPs 
promulgated by the EPA and amendments to existing standards currently 
delegated, as amended between September 1, 2016 and June 30, 2018, as 
adopted by the State.
    More recently, by letter dated March 23, 2021, the EPA received a 
request from ODEQ to update its existing NESHAP delegation. With 
certain exceptions noted in section VI of this document, ODEQ's request 
includes certain NESHAP in 40 CFR parts 61 and 63. ODEQ's request 
included newly incorporated NESHAPs promulgated by the EPA and 
amendments to existing standards currently delegated, as amended 
between June 30, 2018 and June 30, 2019, as adopted by the State.

VI. What is not being delegated?

    All authorities not affirmatively and expressly proposed for 
delegation by this action will not be delegated. These include the 
following parts 61 and 63 authorities listed below:
    <bullet> 40 CFR part 61, subpart B (National Emission Standards for 
Radon Emissions from Underground Uranium Mines);
    <bullet> 40 CFR part 61, subpart H (National Emission Standards for 
Emissions of Radionuclides Other Than Radon From Department of Energy 
Facilities);
    <bullet> 40 CFR part 61, subpart I (National Emission Standards for 
Radionuclide Emissions from Federal Facilities Other Than Nuclear 
Regulatory Commission Licensees and Not Covered by Subpart H);
    <bullet> 40 CFR part 61, subpart K (National Emission Standards for 
Radionuclide Emissions from Elemental Phosphorus Plants);
    <bullet> 40 CFR part 61, subpart Q (National Emission Standards for 
Radon Emissions from Department of Energy facilities);
    <bullet> 40 CFR part 61, subpart R (National Emission Standards for 
Radon Emissions from Phosphogypsum Stacks);
    <bullet> 40 CFR part 61, subpart T (National Emission Standards for 
Radon Emissions from the Disposal of Uranium Mill Tailings); and
    <bullet> 40 CFR part 61, subpart W (National Emission Standards for 
Radon Emissions from Operating Mill Tailings).
    In addition, the EPA regulations provide that we cannot delegate to 
a state any of the Category II Subpart A authorities set forth in 40 
CFR 63.91(g)(2). These include the following provisions: Sec.  63.6(g), 
Approval of Alternative Non-Opacity Standards; Sec.  63.6(h)(9), 
Approval of Alternative Opacity Standards; Sec.  63.7(e)(2)(ii) and 
(f), Approval of Major Alternatives to Test Methods; Sec.  63.8(f), 
Approval of Major Alternatives to Monitoring; and Sec.  63.10(f), 
Approval of Major Alternatives to Recordkeeping and Reporting. Also, 
some parts 61 and 63 standards have certain provisions that cannot be 
delegated to the states. Furthermore, no authorities are being proposed 
for delegation that require rulemaking in the Federal Register to 
implement, or where Federal overview is the only way to ensure national 
consistency in the application of the standards or requirements of CAA 
section 112. Finally, this action does not propose delegation of any 
authority under section 112(r), the accidental release program.
    If this action is finalized as proposed, all questions concerning 
implementation and enforcement of the excluded standards in the State 
of Oklahoma should be directed to the EPA Region 6 Office.
    The EPA is proposing a determination that the NESHAP program 
submitted by Oklahoma meets the applicable requirements of CAA section 
112(l)(5) and 40 CFR part 63, subpart E.
    As more fully discussed in section XIII of this document, the 
proposed delegation to ODEQ to implement and enforce certain NESHAP 
extends to sources or activities located in certain areas of Indian 
country, as defined in 18 U.S.C. 1151.

VII. How will statutory and regulatory interpretations be made?

    If this NESHAP delegation update is finalized as proposed, ODEQ 
will obtain concurrence from the EPA on any matter involving the 
interpretation of section 112 of the CAA or 40 CFR parts 61 and 63 to 
the extent that implementation, administration, or enforcement of these 
sections have not been covered by prior EPA determinations or guidance.

VIII. What authority does the EPA have?

    We retain the right, as provided by CAA section 112(l)(7) and 40 
CFR 63.90(d)(2), to enforce any applicable emission standard or 
requirement under section 112. In addition, the EPA may enforce any 
federally approved State rule, requirement, or program under 40 CFR 
63.90(e) and 63.91(c)(1)(i). The EPA also has the authority to make 
certain decisions under the General Provisions (subpart A) of parts 61 
and 63. We are proposing to delegate to the ODEQ some of these 
authorities, and retaining others, as explained in sections V and VI 
above. In addition, the EPA may review and disapprove State 
determinations and subsequently require corrections. See 40 CFR 
63.91(g)(1)(ii). The EPA also has the authority to review ODEQ's 
implementation and enforcement of approved rules or programs and to 
withdraw approval if we find inadequate implementation or enforcement. 
See 40 CFR 63.96.
    Furthermore, we retain the authority in an individual emission 
standard that may not be delegated according to provisions of the 
standard. Finally, we retain the authorities stated in the original 
delegation agreement. See ``Provisions for the Implementation and 
Enforcement of NSPS and NESHAP in Oklahoma,'' effective March 25, 1982, 
a copy of which is included in the docket

[[Page 48365]]

for this action. A table of currently delegated NESHAP standards and 
how the updated NESHAP delegation would look if this proposal is 
finalized may be found in the Technical Support Document (TSD) included 
in the docket for this action. The table also shows the authorities 
that cannot be delegated to any state or local agency.

IX. What information must ODEQ provide to the EPA?

    ODEQ must provide any additional compliance related information to 
the EPA, Region 6, Office of Enforcement and Compliance Assurance, 
within 45 days of a request under 40 CFR 63.96(a). In receiving 
delegation for specific General Provisions authorities, ODEQ must 
submit to EPA Region 6 on a semi-annual basis, copies of determinations 
issued under these authorities. See 40 CFR 63.91(g)(1)(ii). For part 63 
standards, these determinations include: Sec.  63.1, Applicability 
Determinations; Sec.  63.6(e), Operation and Maintenance Requirements--
Responsibility for Determining Compliance; Sec.  63.6(f), Compliance 
with Non-Opacity Standards--Responsibility for Determining Compliance; 
Sec.  63.6(h), Compliance with Opacity and Visible Emissions 
Standards--Responsibility for Determining Compliance; Sec.  
63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans; Sec.  
63.7(e)(2)(i), Approval of Minor Alternatives to Test Methods; Sec.  
63.7(e)(2)(ii) and (f), Approval of Intermediate Alternatives to Test 
Methods; Sec.  63.7(e)(iii), Approval of Shorter Sampling Times and 
Volumes When Necessitated by Process Variables or Other Factors; Sec.  
63.7(e)(2)(iv), (h)(2) and (3), Waiver of Performance Testing; Sec.  
63.8(c)(1) and (e)(1), Approval of Site-Specific Performance Evaluation 
(Monitoring) Test Plans; Sec.  63.8(f), Approval of Minor Alternatives 
to Monitoring; Sec.  63.8(f), Approval of Intermediate Alternatives to 
Monitoring; Sec. Sec.  63.9 and 63.10, Approval of Adjustments to Time 
Periods for Submitting Reports; Sec.  63.10(f), Approval of Minor 
Alternatives to Recordkeeping and Reporting; and Sec.  63.7(a)(4), 
Extension of Performance Test Deadline.

X. What is the EPA's oversight role?

    The EPA must oversee ODEQ's decisions to ensure the delegated 
authorities are being adequately implemented and enforced. We will 
integrate oversight of the delegated authorities into the existing 
mechanisms and resources for oversight currently in place. If, during 
oversight, we determine that ODEQ has made decisions that decrease the 
stringency of the delegated standards, then ODEQ shall be required to 
take corrective actions and the source(s) affected by the decisions 
will be notified, as required by 40 CFR 63.91(b) and (g)(1)(ii). We 
will initiate withdrawal of the program or rule if the corrective 
actions taken are insufficient. See 51 FR 20648 (June 6, 1986).

XI. Should sources submit notices to the EPA or ODEQ?

    For the delegated NESHAP standards and authorities covered by this 
proposed action, if finalized, sources would submit all of the 
information required pursuant to the general provisions and the 
relevant subpart(s) of the delegated NESHAP (40 CFR parts 61 and 63) 
directly via electronic submittal to online EPA database portals that 
are specified in each rule, and also as paper submittals to the ODEQ at 
the following address: Oklahoma Department of Environmental Quality, 
707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677. 
The ODEQ is the primary point of contact with respect to delegated 
NESHAP. The EPA Region 6 proposes to waive the requirement that 
courtesy notifications and reports for delegated standards be submitted 
to the EPA in addition to ODEQ in accordance with 40 CFR 63.9(a)(4)(ii) 
and 63.10(a)(4)(ii).\2\ For those standards and authorities not 
delegated as discussed above, sources must continue to submit all 
appropriate information to the EPA.
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    \2\ This waiver only extends to the submission of copies of 
notifications and reports; the EPA does not waive the requirements 
in delegated standards that require notifications and reports be 
submitted to an electronic database (e.g., 40 CFR part 63, subpart 
HHHHHHH).
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XII. How will unchanged authorities be delegated to ODEQ in the future?

    As stated in previous NESHAP delegation actions, the EPA has 
approved Oklahoma's mechanism of incorporation by reference of NESHAP 
standards into ODEQ regulations, as they apply to both part 70 and non-
part 70 sources. See, e.g., 61 FR 4224 (February 5, 1996) and 66 FR 
1584 (January 9, 2001). Consistent with the EPA regulations and 
guidance,\3\ ODEQ may request future updates to Oklahoma's NESHAP 
delegation by submitting a letter to the EPA that appropriately 
identifies the specific NESHAP which have been incorporated by 
reference into State rules, reaffirms that it still meets up-front 
approval delegation criteria for part 70 sources, and demonstrates that 
ODEQ maintains adequate authorities and resources to implement and 
enforce the delegated NESHAP requirements for all sources. We will 
respond in writing to the request stating that the request for 
delegation is either approved or denied. A Federal Register action will 
be published to inform the public and affected sources of the updated 
delegation, indicate where source notifications and reports should be 
sent, and amend the relevant portions of the Code of Federal 
Regulations identifying which NESHAP standards have been delegated to 
the ODEQ.
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    \3\ See Harardous Air Pollutants: Amendments to the Approval of 
State Programs and Delegation of Federal Authorities, Final Rule (65 
FR 55810, September 14, 2000); and ``Straight Delegation Issues 
Concerning Sections 111 and 112 Requirements and Title V,'' by John 
S. Seitz, Director of Air Qualirty Planning and Standards, EPA, 
dated December 10, 1993.
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XIII. Impact on Areas of Indian Country

    Following the U.S. Supreme Court decision in McGirt v Oklahoma, 140 
S. Ct. 2452 (2020), the Governor of the State of Oklahoma requested 
approval under Section 10211(a) of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act of 2005: A Legacy for Users, Public 
Law 109-59, 119 Stat. 1144, 1937 (August 10, 2005) (``SAFETEA''), to 
administer in certain areas of Indian country (as defined at 18 U.S.C. 
1151) the State's environmental regulatory programs that were 
previously approved by the EPA outside of Indian country.\4\ The 
State's request excluded certain areas of Indian country further 
described below.
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    \4\ A copy of the Governor's July 22, 2020 request can be found 
in the docket for this proposed rulemaking.
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    On October 1, 2020, the EPA approved Oklahoma's SAFETEA request to 
administer all of the State's EPA-approved environmental regulatory 
programs, including the delegated portions of the NESHAP program, in 
the requested areas of Indian country.\5\ 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

[[Page 48366]]

(collectively ``excluded Indian country lands'').
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    \5\ A copy of EPA's October 1, 2020 approval can be found in the 
docket for this proposed rulemaking.
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    EPA's approval under SAFETEA expressly provided that to the extent 
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.\6\ The approval also provided that future revisions or 
amendments to Oklahoma's approved environmental regulatory programs 
would extend to the covered areas of Indian country (without any 
further need for additional requests under SAFETEA).
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    \6\ EPA's prior approvals relating to Oklahoma's NESHAP 
delegation frequently noted that the NESHAP delegation was not 
approved to apply in areas of Indian country located in the State. 
See, e.g., 83 FR 53183 (October 22, 2018). Such prior expressed 
limitations are superseded by the EPA's approval of Oklahoma's 
SAFETEA request.
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    As explained above, the EPA is proposing to approve an update to 
the Oklahoma NESHAP delegation. Consistent with the EPA's October 1, 
2020 SAFETEA approval, if this action is finalized as proposed, 
Oklahoma's delegation of the NESHAP program will apply to all areas of 
Indian country within the State of Oklahoma, other than the excluded 
Indian country lands.\7\
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    \7\ In accordance with Executive Order 13990, EPA is currently 
reviewing our October 1, 2020 SAFETEA approval and is engaging in 
further consultation with tribal governments and discussions with 
the State of Oklahoma as part of this review. EPA also notes that 
the October 1, 2020 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. 
EPA's final action on the NESHAP delegation update will address the 
scope of the State's program with respect to Indian country, and may 
make any appropriate adjustments, based on the status of our review 
at that time. If EPA's final action on Oklahoma's NESHAP delegation 
update is taken before our review of the SAFETEA approval is 
complete, EPA may make further changes to the approval of Oklahoma's 
NESHAP delegation to reflect the outcome of the SAFETEA review.
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XIV. Proposed Action

    In this action, the EPA is proposing to approve an update to the 
Oklahoma NESHAP delegation that would provide the ODEQ with the 
authority to implement and enforce certain newly incorporated NESHAP 
promulgated by the EPA and amendments to existing standards currently 
delegated, as they existed though June 30, 2019. This proposed 
delegation to ODEQ extends to sources and activities located in certain 
areas of Indian country, as explained in section XIII above.

XV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator has the authority to approve 
section 112(l) submissions that comply with the provisions of the Act 
and applicable Federal regulations. In reviewing section 112(l) 
submissions, the EPA's role is to approve state choices, provided that 
they meet the criteria and objectives of the CAA and of the EPA's 
implementing regulations. Accordingly, this proposed action would 
merely approve the State's request as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
    <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 an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
    <bullet> Does not provide the 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).
    This proposal to approve Oklahoma's request to update the NESHAP 
delegation will apply, if finalized as proposed, to certain areas of 
Indian country as discussed in section XIII above, and therefore has 
tribal implications as specified in Executive Order 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 (May 4, 2011), the EPA has offered 
consultation to tribal governments that may be affected by this action.

List of Subjects

40 CFR Part 61

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Arsenic, Benzene, Beryllium, Hazardous 
substances, Mercury, Intergovernmental relations, Reporting and 
recordkeeping requirements, Vinyl chloride.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

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

    Dated: August 18, 2021.
David Garcia,
Director, Air and Radiation Division, Region 6.
[FR Doc. 2021-18164 Filed 8-27-21; 8:45 am]
BILLING CODE 6560-50-P


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