New Source Performance Standards; Delegation of Authority to Oklahoma

ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 60</CFR> <DEPDOC>[EPA-R06-OAR-2010-0580; FRL-12826-01-R6]</DEPDOC> <SUBJECT>New Source Performance Standards; Delegation of Authority to Oklahoma</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Proposed rule; notice of delegation. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is proposing to update federal regulations to reflect Oklahoma's current New Source Performance Standards (NSPS) delegation status and the mailing address for the Oklahoma Department of Environmental Quality (ODEQ). The ODEQ has submitted updated regulations for the delegation of EPA authority for implementation and enforcement of certain NSPS. The updated State regulations incorporate by reference certain NSPS promulgated by EPA, as they existed through June 30, 2023. The delegation of authority for implementation and enforcement applies to sources subject to the delegated NSPS, including those located in certain areas of Indian country as discussed herein. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Written comments on this proposed rule must be received on or before August 6, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Submit your comments, identified by Docket ID No. EPA-R06-OAR-2010-0580, at <E T="03">https://www.regulations.gov</E> or via email to <E T="03">steib.clovis@epa.gov</E> . Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from <E T="03">Regulations.gov</E> . 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 ( <E T="03">i.e.,</E> on the web, cloud, or other file sharing system). For additional submission methods, please contact Clovis Steib, (214) 665-7566; email: <E T="03">steib.clovis@epa.gov</E> . For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets</E> . <E T="03">Docket:</E> The index to the docket for this action is available electronically at <E T="03">www.regulations.gov</E> . 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 T="03">e.g.,</E> CBI). <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Clovis Steib, EPA Region 6 Office, Infrastructure and Ozone Section, 214-665-7566, <E T="03">steib.clovis@epa.gov</E> . We encourage the public to submit comments via <E T="03">https://www.regulations.gov</E> . Please call or email the contact listed above if you need alternative access to material indexed but not provided in the docket. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> Throughout this document whenever “we,” “us,” or “our” is used, we mean the EPA. <HD SOURCE="HD1">I. Background</HD> Section 111(c)(1) of the Clean Air Act (CAA), 42 U.S.C. 7411(c)(1), authorizes EPA to delegate to a state the authority to implement and enforce NSPS promulgated by EPA under CAA section 111(b) and codified at part 60 of title 40 of the Code of Federal Regulations (CFR). CAA section 111(c)(2) states that EPA retains the authority to enforce any applicable NSPS delegated to a state. On March 25, 1982, EPA approved the delegation of authority to implement and enforce NSPS to Oklahoma (1982 NSPS Delegation). See 47 FR 1785 (April 22, 1982). On October 8, 1999, EPA updated Oklahoma's NSPS delegation, including specific provisions setting forth the terms and conditions of the delegation of authority for NSPS responsibility to the ODEQ (1999 NSPS Delegation). See 64 FR 57392 (October 25, 1999). Copies of the initial 1982 NSPS Delegation and the 1999 NSPS Delegation update are included in the docket for this action, both of which contain provisions specifying conditions and limitations applicable to the EPA's delegation of authority to implement and enforce the NSPS in Oklahoma. Under the terms and conditions of the 1999 NSPS Delegation, “[f]uture provisions of 40 CFR part 60 shall be delegated to ODEQ pursuant to this agreement provided that (1) ODEQ requests delegation and provides copies of the proposed or adopted rules, (2) ODEQ adopts the federal standard without change ( <E T="03">e.g.,</E> incorporation by reference) and (3) EPA does not object to the delegation within thirty (30) days of ODEQ's request.” See Specific Provision 1 of the 1999 NSPS Delegation. <HD SOURCE="HD1">II. ODEQ's October 28, 2024 NSPS Delegation Update</HD> By letter dated October 28, 2024, the ODEQ requested an update to its NSPS delegation. ODEQ reaffirmed that it retains all required authorities set forth in 40 CFR 60.4 for delegation of a CAA section 111(c) program and all authority identified in the 1982 and 1999 NSPS Delegations. ODEQ provided copies of the duly adopted state regulations which incorporate specifically identified NSPS found at 40 CFR part 60 into the Oklahoma Administrative Code (OAC) 252:100-2 and OAC 252:100 Appendix Q, as published in the <E T="03">Oklahoma Register</E> on August 15, 2024 (41 Okla. Reg. 2006) with an effective date of September 16, 2024. <SU>1</SU> <FTREF/> These ODEQ regulations are, therefore, at least as stringent as the EPA's rules. See 40 CFR 60.10(a). ODEQ's October 28, 2024, request included the following NSPS in 40 CFR part 60, as they existed through June 30, 2023: 40 CFR part 60, subparts A (except sections 60.4, 60.9, 60.10, and 60.16), D, Da, Db, Dc, E, Ea, Eb, Ec, F, G, Ga, H, I, J, Ja, K, Ka, Kb, L, M, N, Na, O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, AAa, BB, BBa, CC, DD, EE, GG, HH, KK, KKa, LL, MM, MMa, NN, PP, QQ, RR, SS, TT, UU, VV, VVa, WW, XX, BBB, DDD, FFF, GGG, GGGa, HHH, III, JJJ, KKK, LLL, NNN, OOO, PPP, QQQ, RRR, SSS, TTT, TTTa, UUU, VVV, WWW, XXX, AAAA, CCCC, EEEE, IIII, JJJJ, KKKK, LLLL, OOOO, OOOOa, TTTT, and Appendices A and B to 40 CFR part 60. <SU>2</SU> <FTREF/> In accordance with the authority provided by CAA section 111(c)(1) and consistent with the provisions of the 1982 NSPS Delegation and the 1999 NSPS Delegation, EPA has determined that the ODEQ has met the conditions required for approval of the ODEQ's requested update to its NSPS delegation, as described above. All authorities not affirmatively and expressly requested by the ODEQ are not delegated. In addition, the provisions and conditions contained in the 1982 and 1999 NSPS Delegations remain in effect, with the exception of Specific Provision 7 of the 1999 NSPS Delegation. As more fully discussed in Section III of this document, the delegation to ODEQ to implement and enforce certain NSPS extends to sources or activities located in certain areas of Indian country, as defined in 18 U.S.C. 1151. <FTNT> <SU>1</SU>  The ODEQ previously submitted requests to EPA for updates to the Oklahoma NSPS delegation, by letters dated August 23, 2012, March 17, 2015, November 2, 2016, June 6, 2018 (revised with a subsequent June 29, 2018 letter), December 23, 2019, March 23, 2021 (revised with a subsequent September 14, 2021 email), December 2, 2021 (revised with a subsequent October 17, 2022 letter), October 17, 2022, and November 30, 2023. EPA has determined that such requests meet the requirements of the CAA and the 1982 and 1999 NSPS Delegations concerning the approval of EPA's delegation of authority for the enforcement and implementation of the NSPS in Oklahoma. EPA previously proposed an action on ODEQ's request to update its NSPS delegation (85 FR 31423, May 26, 2020); that proposed action is subsumed and incorporated into this proposed action. </FTNT> <FTNT> <SU>2</SU>  See EPA Docket No. EPA-R06-OAR-2010-0580 in <E T="03">www.regulations.gov</E> . </FTNT> Furthermore, no authorities are delegated that require rulemaking in the <E T="04">Federal Register</E> to implement, or where Federal overview is the only way to ensure national consistency in the application of the standards. All inquiries and requests concerning implementation and enforcement of the excluded standards in the State of Oklahoma should be directed to the EPA Region 6 Office of Enforcement and Compliance Assurance. Furthermore, the EPA retains any authority in an individual NSPS that may not be delegated according to provisions of the standard. Finally, EPA retains the authorities stated in the 1982 and 1999 NSPS Delegations. <HD SOURCE="HD1">III. Impacts on Areas of Indian Country</HD> Following the U.S. Supreme Court decision in <E T="03">McGirt</E> v. <E T="03">Oklahoma,</E> 140 S. Ct. 2452 (2020), the Governor of the State of Oklahoma requested approval under Section 10211(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users, Public Law 109-59, 119 Stat. 1144, 1937 (August 10, 2005) (“SAFETEA”), to administer in certain areas of Indian country (as defined at 18 U.S.C. 1151) the State's environmental regulatory programs that were previously approved by the EPA outside of Indian country. The State's request excluded certain areas of Indian country further described below. In addition, the State only sought approval to the extent that such approval was necessary for the State to administer a program in light of <E T="03">Oklahoma Dept. of Environmental Quality</E> v. <E T ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 17k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━