80 FR 9622 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Oklahoma

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 36 (February 24, 2015)

Page Range		9622-9628
FR Document		2015-03803
The Oklahoma Department of Environmental Quality (ODEQ) has submitted updated regulations for receiving delegation of Environmental Protection Agency (EPA) authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action does not apply to sources located in Indian Country. EPA is taking direct final action to approve the delegation of certain NESHAPs to ODEQ.
Federal Register, Volume 80 Issue 36 (Tuesday, February 24, 2015)
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Rules and Regulations]
[Pages 9622-9628]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03803]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[EPA-R06-OAR-2008-0063; FRL-9923-22-Region 6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; delegation of authority.

-----------------------------------------------------------------------

SUMMARY: The Oklahoma Department of Environmental Quality (ODEQ) has 
submitted updated regulations for receiving delegation of Environmental 
Protection Agency (EPA) authority for implementation and enforcement of 
National Emission Standards for Hazardous Air Pollutants (NESHAPs) for 
all sources (both part 70 and non-part 70 sources). The delegation of 
authority under this action does not apply to sources located in Indian 
Country. EPA is taking direct final action to approve the delegation of 
certain NESHAPs to ODEQ.

DATES: This rule is effective on April 27, 2015 without further notice, 
unless EPA receives relevant adverse comment by March 26, 2015. If EPA 
receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that the updated NESHAPs 
delegation will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2008-0063, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions.
     Email: Mr. Rick Barrett at [email protected]. Please 
also send a copy by email to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Mail or delivery: Mr. Rick Barrett, Air Permits Section 
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2008-
0063. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information through 
http://www.regulations.gov or email, if you believe that it is CBI or 
otherwise protected from disclosure. The http://www.regulations.gov Web 
site is an ``anonymous access'' system, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment along with 
any disk or CD-ROM submitted. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters and any form of encryption and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy

[[Page 9623]]

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 (6PD-R), (214) 665-
7227, [email protected]. To inspect the hard copy materials, 
please schedule an appointment with Mr. Barrett or Mr. Bill Deese at 
(214) 665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refers to EPA.

Table of Contents

I. What does this action do?
II. What is the authority for delegation?
III. What criteria must Oklahoma's programs meet to be approved?
IV. How did ODEQ meet the approval criteria?
V. What is being delegated?
VI. What is not being delegated?
VII. How will applicability determinations be made?
VIII. What authority does EPA have?
IX. What information must ODEQ provide to EPA?
X. What is EPA's oversight role?
XI. Should sources submit notices to EPA or ODEQ?
XII. How will unchanged authorities be delegated to ODEQ in the 
future?
XIII. Final Action
XIV. Statutory and Executive Order Reviews

 I. What does this action do?

    EPA is taking direct final action to approve the delegation of 
certain NESHAPs to ODEQ. With this delegation, ODEQ has 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 
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 enables EPA to approve state air 
toxics programs or rules to operate in place of the Federal air toxics 
program or rules. 40 CFR part 63, subpart E governs EPA's approval of 
State rules or programs under section 112(l).
    EPA will approve an air toxics program if we find that:
    (1) The State program is ``no less stringent'' than the 
corresponding Federal program or rule;
    (2) The State has adequate authority and resources to implement the 
program;
    (3) The schedule for implementation and compliance is sufficiently 
expeditious; and
    (4) The program otherwise complies with Federal guidance.
    In order to obtain approval of its program to implement and enforce 
Federal section 112 rules as promulgated without changes (straight 
delegation), a state must demonstrate that it meets the approval 
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) for part 70 sources (sources required to obtain operating 
permits pursuant to Title V of the Clean Air Act).

IV. How did ODEQ meet the NESHAPs program approval criteria?

    As to the NESHAPs 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 into its regulations. This commitment applied to both 
existing and future standards as they applied to part 70 sources. EPA's 
final interim approval of Oklahoma's Title V operating permits program 
delegated the authority to implement certain NESHAPs on February 5, 
1996 (61 FR 4220). On December 5, 2001, 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.

V. What is being delegated?

    By letter dated January 11, 2008, ODEQ requested EPA to update its 
existing NESHAP delegation. With certain exceptions noted in section VI 
below, Oklahoma's request included NESHAPs in 40 CFR part 61 and 40 CFR 
part 63. ODEQ's request included newly incorporated NESHAPs promulgated 
by EPA and amendments to existing standards currently delegated, as 
amended between September 2, 2004 and September 1, 2006. These NESHAPs 
were adopted by the ODEQ on March 27, 2007, and became effective on 
June 15, 2007.

VI. What is not being delegated?

    The following part 61 and 63 authorities listed below are not 
delegated. All of the 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.
     40 CFR part 61, subpart B (National Emission Standards for 
Radon Emissions from Underground Uranium Mines);
     40 CFR part 61, subpart H (National Emission Standards for 
Emissions of Radionuclides Other Than Radon From Department of Energy 
Facilities);
     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);
     40 CFR part 61, subpart K (National Emission Standards for 
Radionuclide Emissions from Elemental Phosphorus Plants);
     40 CFR part 61, subpart Q (National Emission Standards for 
Radon Emissions from Department of Energy facilities);
     40 CFR part 61, subpart R (National Emission Standards for 
Radon Emissions from Phosphogypsum Stacks);
     40 CFR part 61, subpart T (National Emission Standards for 
Radon Emissions from the Disposal of Uranium Mill Tailings); and
     40 CFR part 61, subpart W (National Emission Standards for 
Radon Emissions from Operating Mill Tailings).
    In addition, EPA 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. In addition, some Part 63 standards have 
certain provisions that cannot be delegated to the States. Therefore, 
any Part 63 standard that provides that certain authorities cannot be 
delegated are retained by EPA and not delegated to ODEQ. Furthermore, 
no authorities are delegated that require rulemaking in the Federal 
Register to implement, or where Federal overview

[[Page 9624]]

is the only way to ensure national consistency in the application of 
the standards or requirements of CAA section 112. Finally, section 
112(r), the accidental release program authority, is not being 
delegated by this approval.
    In addition, this delegation to ODEQ to implement and enforce 
certain NESHAPs does not extend to sources or activities located in 
Indian country, as defined in 18 U.S.C. 1151. Under this definition, 
EPA treats as reservations, trust lands validly set aside for the use 
of a Tribe even if the trust lands have not been formally designated as 
a reservation. Consistent with previous federal program approvals or 
delegations, EPA will continue to implement the NESHAPs in Indian 
country because ODEQ has not submitted information to demonstrate 
authority over sources and activities located within the exterior 
boundaries of Indian reservations and other areas in Indian country.\1\
---------------------------------------------------------------------------

    \1\ The Safe, Accountable, Flexible, Efficient Transportation 
Equity Act of 2005 includes a provision relating to Oklahoma and EPA 
programs, providing:
    Notwithstanding any other provision of law, if the Administrator 
of the Environmental Protection Agency (referred to in this section 
as the ``Administrator'') determines that a regulatory program 
submitted by the State of Oklahoma for approval by the Administrator 
under a law administered by the Administrator meets applicable 
requirements of the law, and the Administrator approves the State to 
administer the State program under the law with respect to areas in 
the State that are not Indian country, on request of the State, the 
Administrator shall approve the State to administer the State 
program in the areas of the State that are in Indian country, 
without any further demonstration of authority by the State.
    H.R. 3, Section 10211(a). Oklahoma has not applied to administer 
the NESHAPS program in Indian country in accordance with this 
statute.
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VII. How will applicability determinations under section 112 be made?

    In approving this delegation, ODEQ will obtain concurrence from 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 EPA determinations or guidance.

VIII. What authority does EPA have?

    We retain the right, as provided by CAA section 112(l)(7), to 
enforce any applicable emission standard or requirement under section 
112. EPA also has the authority to make certain decisions under the 
General Provisions (subpart A) of part 63. We are granting ODEQ some of 
these authorities, and retaining others, as explained in sections V and 
VI above. In addition, EPA may review and disapprove of State 
determinations and subsequently require corrections. (See 40 CFR 
63.91(g) and 65 FR 55810, 55823, September 14, 2000, as amended at 70 
FR 59887, October 13, 2005; 72 FR 27443, May 16, 2007.)
    Furthermore, we retain any authority in an individual emission 
standard that may not be delegated according to provisions of the 
standard. Also, listed in the footnotes of the part 63 delegation table 
at the end of this rule are the authorities that cannot be delegated to 
any State or local agency which we therefore retain.

IX. What information must ODEQ provide to EPA?

    ODEQ must provide any additional compliance related information to 
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. For parts 61 and 63 standards, these determinations 
include: Section 63.1, Applicability Determinations; Section 63.6(e), 
Operation and Maintenance Requirements--Responsibility for Determining 
Compliance; Section 63.6(f), Compliance with Non-Opacity Standards--
Responsibility for Determining Compliance; Section 63.6(h), Compliance 
with Opacity and Visible Emissions Standards--Responsibility for 
Determining Compliance; Sections 63.7(c)(2)(i) and (d), Approval of 
Site-Specific Test Plans; Section 63.7(e)(2)(i), Approval of Minor 
Alternatives to Test Methods; Section 63.7(e)(2)(ii) and (f), Approval 
of Intermediate Alternatives to Test Methods; Section 63.7(e)(iii), 
Approval of Shorter Sampling Times and Volumes When Necessitated by 
Process Variables or Other Factors; Sections 63.7(e)(2)(iv), (h)(2), 
and (h)(3), Waiver of Performance Testing; Sections 63.8(c)(1) and 
(e)(1), Approval of Site-Specific Performance Evaluation (Monitoring) 
Test Plans; Section 63.8(f), Approval of Minor Alternatives to 
Monitoring; Section 63.8(f), Approval of Intermediate Alternatives to 
Monitoring; Section 63.9 and 63.10, Approval of Adjustments to Time 
Periods for Submitting Reports; Section 63.10(f), Approval of Minor 
Alternatives to Recordkeeping and Reporting; Section 63.7(a)(4), 
Extension of Performance Test Deadline.

X. What is EPA's oversight role?

    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 made decisions that decreased 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(g)(1)(ii). We will 
initiate withdrawal of the program or rule if the corrective actions 
taken are insufficient.

XI. Should sources submit notices to EPA or ODEQ?

    All of the information required pursuant to the general provisions 
and the relevant subpart of the Federal NESHAPs (40 CFR parts 61 and 
63) should be submitted by sources located outside of Indian country, 
directly 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 NESHAPs. Sources do not need to send a copy 
to EPA. EPA Region 6 waives the requirement that notifications and 
reports for delegated standards be submitted to EPA in addition to ODEQ 
in accordance with 40 CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii). For those 
standards that are not delegated, sources must continue to submit all 
appropriate information to EPA.

XII. How will unchanged authorities be delegated to ODEQ in the future?

    In the future, ODEQ will only need to send a letter of request for 
approval to EPA, Region 6, for NESHAP regulations that ODEQ has adopted 
by reference. The letter must reference the previous up-front approval 
demonstration and reaffirm that it still meets the up-front approval 
criteria. We will respond in writing to the request stating that the 
request for delegation is either granted or denied. A Federal Register 
action will be published to inform the public and affected sources of 
the delegation, indicate where source notifications and reports should 
be sent, and to amend the relevant portions of the Code of Federal 
Regulations showing which NESHAPs standards have been delegated to 
ODEQ.

XIII. Final Action

    The public was provided the opportunity to comment on the proposed 
approval of the program and mechanism for delegation of section 112 
standards, as they apply to part 70

[[Page 9625]]

sources, on March 10, 1995, for the proposed interim approval of ODEQ's 
operating permits program. (60 FR 13088). In EPA's final full approval 
of ODEQ's operating permits program on February 5, 1996 (61 FR 4220), 
EPA discussed that no adverse comments were received from the public on 
the proposed final delegation of the operating permits program. In 
today's action, the public is given the opportunity to comment on the 
approval of ODEQ's request for delegation of authority to implement and 
enforce certain section 112 standards for all sources (both part 70 and 
non-part 70 sources) which have been adopted by reference into 
Oklahoma's state regulations. However, the Agency views the approval of 
this request as a noncontroversial action and anticipates no adverse 
comments. Therefore, EPA is publishing this rule without prior 
proposal. However, in the ``Proposed Rules'' section of today's Federal 
Register publication, EPA is publishing a separate document that will 
serve as the proposal to approve the program and delegation of 
authority described in this action if adverse comments are received. 
This action will be effective April 27, 2015 without further notice 
unless the Agency receives relevant adverse comments by March 26, 2015.
    If EPA receives relevant adverse comments, we will publish a timely 
withdrawal in the Federal Register informing the public the rule will 
not take effect. We will address all public comments in a subsequent 
final rule based on the proposed rule. The EPA will not institute a 
second comment period on this action. Any parties interested in 
commenting must do so at this time. Please note that if we receive 
relevant adverse comment on an amendment, paragraph, or section of the 
rule and if that provision may be severed from the remainder of the 
rule, we may adopt as final those provisions of the rule that are not 
the subject of a relevant adverse comment.

XIV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the delegation is not approved to apply in Indian country 
located in the State, and the EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law. 
This action also does not have Federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state request to receive delegation of 
certain Federal standards, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing delegation submissions, EPA's role is to approve 
submissions provided that they meet the criteria of the Clean Air Act. 
In this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a delegation submission for failure to use VCS. It would 
thus be inconsistent with applicable law for EPA to use VCS in place of 
a delegation submission that otherwise satisfies the provisions of the 
Clean Air Act. Thus, the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. This rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. 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 April 27, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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

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.

    Dated: February 6, 2015.
Wren Stenger,
Director, Multimedia Planning and Permitting Division, Region 6.

    For the reasons stated in the preamble, 40 CFR parts 61 and 63 are 
amended as follows:

PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

0
1. The authority citation for part 61 continues to read as follows:

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

[[Page 9626]]

Subpart A--General Provisions

0
2. Section 61.04 is amended by revising paragraph (c)(6)(iv) to read as 
follows:


Sec.  61.04  Address.

* * * * *
    (c) * * *
    (6) * * *
    (iv) Oklahoma. The Oklahoma Department of Environmental Quality 
(ODED) has been delegated the following part 61 standards promulgated 
by EPA, as amended in the Federal Register through September 1, 2006. 
The (X) symbol is used to indicate each subpart that has been 
delegated.

   Delegation Status for National Emission Standards for Hazardous Air
               Pollutants (Part 61 Standards) for Oklahoma
                       [Excluding Indian country]
------------------------------------------------------------------------
         Subpart                  Source category            ODEQ \1\
------------------------------------------------------------------------
A........................  General Provisions..........               X
B........................  Radon Emissions From          ...............
                            Underground Uranium Mines.
C........................  Beryllium...................               X
D........................  Beryllium Rocket Motor                     X
                            Firing.
E........................  Mercury.....................               X
F........................  Vinyl Chloride..............               X
G........................  (Reserved)..................  ...............
H........................  Emissions of Radionuclides    ...............
                            Other Than Radon From
                            Department of Energy
                            Facilities.
I........................  Radionuclide Emissions From   ...............
                            Federal Facilities Other
                            Than Nuclear Regulatory
                            Commission Licensees and
                            Not Covered by Subpart H.
J........................  Equipment Leaks (Fugitive                  X
                            Emission Sources) of
                            Benzene.
K........................  Radionuclide Emissions From   ...............
                            Elemental Phosphorus Plants.
L........................  Benzene Emissions From Coke                X
                            By-Product Recovery Plants.
M........................  Asbestos....................               X
N........................  Inorganic Arsenic Emissions                X
                            From Glass Manufacturing
                            Plants.
O........................  Inorganic Arsenic Emissions                X
                            From Primary Copper
                            Smelters.
P........................  Inorganic Arsenic Emissions                X
                            From Arsenic Trioxide and
                            Metallic Arsenic Production
                            Facilities.
Q........................  Radon Emissions From          ...............
                            Department of Energy
                            Facilities.
R........................  Radon Emissions From          ...............
                            Phosphogypsum Stacks.
S........................  (Reserved)..................  ...............
T........................  Radon Emissions From the      ...............
                            Disposal of Uranium Mill
                            Tailings.
U........................  (Reserved)..................  ...............
V........................  Equipment Leaks (Fugitives                 X
                            Emission Sources).
W........................  Radon Emissions From          ...............
                            Operating Mill Tailings.
X........................  (Reserved)..................  ...............
Y........................  Benzene Emissions From                     X
                            Benzene Storage Vessels.
Z-AA.....................  (Reserved)..................  ...............
BB.......................  Benzene Emissions From                     X
                            Benzene Transfer Operations.
CC-EE....................  (Reserved)..................  ...............
FF.......................  Benzene Waste Operations....               X
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
  (ODEQ).

* * * * *

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
3. The authority citation for part 63 continues to read as follows:

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

Subpart E--Approval of State Programs and Delegation of Federal 
Authorities

0
4. Section 63.99 is amended by revising paragraph (a)(37)(i) to read as 
follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (37) * * *
    (i) The following table lists the specific part 63 standards that 
have been delegated unchanged to the Oklahoma Department of 
Environmental Quality for all sources. The ``X'' symbol is used to 
indicate each subpart that has been delegated. The delegations are 
subject to all of the conditions and limitations set forth in Federal 
law, regulations, policy, guidance, and determinations. Some 
authorities cannot be delegated and are retained by EPA. These include 
certain General Provisions authorities and specific parts of some 
standards. Any amendments made to these rules after September 1, 2006 
are not delegated.

       Delegation Status for Part 63 Standards--State of Oklahoma
                       [Excluding Indian country]
------------------------------------------------------------------------
         Subpart                  Source category            ODEQ 1 2
------------------------------------------------------------------------
A........................  General Provisions..........               X
F........................  Hazardous Organic NESHAP                   X
                            (HON)--Synthetic Organic
                            Chemical Manufacturing
                            Industry (SOCMI).
G........................  HON--SOCMI Process Vents,                  X
                            Storage Vessels, Transfer
                            Operations and Wastewater.
H........................  HON--Equipment Leaks........               X
I........................  HON--Certain Processes                     X
                            Negotiated Equipment Leak
                            Regulation.
J........................  Polyvinyl Chloride and                 (\3\)
                            Copolymers Production.

[[Page 9627]]

 
K........................  (Reserved)..................  ...............
L........................  Coke Oven Batteries.........               X
M........................  Perchloroethylene Dry                      X
                            Cleaning.
N........................  Chromium Electroplating and                X
                            Chromium Anodizing Tanks.
O........................  Ethylene Oxide Sterilizers..               X
P........................  (Reserved)..................  ...............
Q........................  Industrial Process Cooling                 X
                            Towers.
R........................  Gasoline Distribution.......               X
S........................  Pulp and Paper Industry.....               X
T........................  Halogenated Solvent Cleaning               X
U........................  Group I Polymers and Resins.               X
V........................  (Reserved)..................  ...............
W........................  Epoxy Resins Production and                X
                            Non-Nylon Polyamides
                            Production.
X........................  Secondary Lead Smelting.....               X
Y........................  Marine Tank Vessel Loading..               X
Z........................  (Reserved)..................  ...............
AA.......................  Phosphoric Acid                            X
                            Manufacturing Plants.
BB.......................  Phosphate Fertilizers                      X
                            Production Plants.
CC.......................  Petroleum Refineries........               X
DD.......................  Off-Site Waste and Recovery                X
                            Operations.
EE.......................  Magnetic Tape Manufacturing.               X
FF.......................  (Reserved)..................  ...............
GG.......................  Aerospace Manufacturing and                X
                            Rework Facilities.
HH.......................  Oil and Natural Gas                        X
                            Production Facilities.
II.......................  Shipbuilding and Ship Repair               X
                            Facilities.
JJ.......................  Wood Furniture Manufacturing               X
                            Operations.
KK.......................  Printing and Publishing                    X
                            Industry.
LL.......................  Primary Aluminum Reduction                 X
                            Plants.
MM.......................  Chemical Recovery Combustion               X
                            Sources at Kraft, Soda,
                            Sulfide, and Stand-Alone
                            Semichemical Pulp Mills.
NN.......................  (Reserved)..................  ...............
OO.......................  Tanks--Level 1..............               X
PP.......................  Containers..................               X
QQ.......................  Surface Impoundments........               X
RR.......................  Individual Drain Systems....               X
SS.......................  Closed Vent Systems, Control               X
                            Devices, Recovery Devices
                            and Routing to a Fuel Gas
                            System or a Process.
TT.......................  Equipment Leaks--Control                   X
                            Level 1.
UU.......................  Equipment Leaks--Control                   X
                            Level 2 Standards.
VV.......................  Oil--Water Separators and                  X
                            Organic--Water Separators.
WW.......................  Storage Vessels (Tanks)--                  X
                            Control Level 2.
XX.......................  Ethylene Manufacturing                     X
                            Process Units Heat Exchange
                            Systems and Waste
                            Operations.
YY.......................  Generic Maximum Achievable                 X
                            Control Technology
                            Standards.
ZZ-BBB...................  (Reserved)..................  ...............
CCC......................  Steel Pickling--HCI Process                X
                            Facilities and Hydrochloric
                            Acid Regeneration.
DDD......................  Mineral Wool Production.....               X
EEE......................  Hazardous Waste Combustors..               X
FFF......................  (Reserved)..................  ...............
GGG......................  Pharmaceuticals Production..               X
HHH......................  Natural Gas Transmission and               X
                            Storage Facilities.
III......................  Flexible Polyurethane Foam                 X
                            Production.
JJJ......................  Group IV Polymers and Resins               X
KKK......................  (Reserved)..................  ...............
LLL......................  Portland Cement                            X
                            Manufacturing.
MMM......................  Pesticide Active Ingredient                X
                            Production.
NNN......................  Wool Fiberglass                            X
                            Manufacturing.
OOO......................  Amino/Phenolic Resins.......               X
PPP......................  Polyether Polyols Production               X
QQQ......................  Primary Copper Smelting.....               X
RRR......................  Secondary Aluminum                         X
                            Production.
SSS......................  (Reserved)..................  ...............
TTT......................  Primary Lead Smelting.......               X
UUU......................  Petroleum Refineries--                     X
                            Catalytic Cracking Units,
                            Catalytic Reforming Units
                            and Sulfur Recovery Plants.
VVV......................  Publicly Owned Treatment                   X
                            Works (POTW).
WWW......................  (Reserved)..................  ...............
XXX......................  Ferroalloys Production:                    X
                            Ferromanganese and
                            Silicomanganese.
AAAA.....................  Municipal Solid Waste                      X
                            Landfills.
CCCC.....................  Nutritional Yeast                          X
                            Manufacturing.
DDDD.....................  Plywood and Composite Wood                 X
                            Products.
EEEE.....................  Organic Liquids Distribution               X
FFFF.....................  Misc. Organic Chemical                     X
                            Production and Processes
                            (MON).
GGGG.....................  Solvent Extraction for                     X
                            Vegetable Oil Production.
HHHH.....................  Wet Formed Fiberglass Mat                  X
                            Production.

[[Page 9628]]

 
IIII.....................  Auto & Light Duty Truck                    X
                            (Surface Coating).
JJJJ.....................  Paper and other Web (Surface               X
                            Coating).
KKKK.....................  Metal Can (Surface Coating).               X
MMMM.....................  Misc. Metal Parts and                      X
                            Products (Surface Coating).
NNNN.....................  Surface Coating of Large                   X
                            Appliances.
OOOO.....................  Fabric Printing Coating and                X
                            Dyeing.
PPPP.....................  Plastic Parts (Surface                     X
                            Coating).
QQQQ.....................  Surface Coating of Wood                    X
                            Building Products.
RRRR.....................  Surface Coating of Metal                   X
                            Furniture.
SSSS.....................  Surface Coating for Metal                  X
                            Coil.
TTTT.....................  Leather Finishing Operations               X
UUUU.....................  Cellulose Production                       X
                            Manufacture.
VVVV.....................  Boat Manufacturing..........               X
WWWW.....................  Reinforced Plastic                         X
                            Composites Production.
XXXX.....................  Tire Manufacturing..........               X
YYYY.....................  Combustion Turbines.........               X
ZZZZ.....................  Reciprocating Internal                     X
                            Combustion Engines (RICE).
AAAAA....................  Lime Manufacturing Plants...               X
BBBBB....................  Semiconductor Manufacturing.               X
CCCCC....................  Coke Ovens: Pushing,                       X
                            Quenching and Battery
                            Stacks.
DDDDD....................  Industrial/Commercial/                     X
                            Institutional Boilers and
                            Process Heaters Major
                            Sources.
EEEEE....................  Iron Foundries..............               X
FFFFF....................  Integrated Iron and Steel...               X
GGGGG....................  Site Remediation............               X
HHHHH....................  Miscellaneous Coating                      X
                            Manufacturing.
IIIII....................  Mercury Cell Chlor-Alkali                  X
                            Plants.
JJJJJ....................  Brick and Structural Clay                  X
                            Products Manufacturing.
KKKKK....................  Clay Ceramics Manufacturing.               X
LLLLL....................  Asphalt Roofing and                        X
                            Processing.
MMMMM....................  Flexible Polyurethane Foam                 X
                            Fabrication Operation.
NNNNN....................  Hydrochloric Acid                          X
                            Production, Fumed Silica
                            Production.
OOOOO....................  (Reserved)..................  ...............
PPPPP....................  Engine Test Facilities......               X
QQQQQ....................  Friction Products                          X
                            Manufacturing.
RRRRR....................  Taconite Iron Ore Processing               X
SSSSS....................  Refractory Products                        X
                            Manufacture.
TTTTT....................  Primary Magnesium Refining..               X
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
  (ODEQ).
\2\ Authorities which may not be delegated include: Sec.   63.6(g),
  Approval of Alternative Non-Opacity Emission 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;
  Sec.   63.10(f), Approval of Major Alternatives to Recordkeeping and
  Reporting; and all authorities identified in the subparts (e.g., under
  ``Delegation of Authority'') that cannot be delegated.
\3\ The ODEQ has adopted this subpart unchanged and applied for
  delegation of the standard. The subpart was vacated and remanded to
  EPA by the United States Court of Appeals for the District of Columbia
  Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d
  1232 (D.C. Cir. 2004). Because of the D.C. Court's holding, this
  subpart is not delegated to ODEQ at this time.

* * * * *

[FR Doc. 2015-03803 Filed 2-23-15; 8:45 am]
BILLING CODE 6560-50-P
9622 Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations

DELEGATION STATUS FOR PART 63 STANDARDS—STATE OF LOUISIANA—Continued
[Excluding Indian Country]

Subpart Source category LDEQ 1 2

XXXXXX .................. Metal Fabrication and Finishing Area Sources ............................................................................................. X
YYYYYY .................. Ferroalloys Production Facilities Area Sources ............................................................................................. X
ZZZZZZ ................... Aluminum, Copper, and Other Nonferrous Foundries Area Sources ........................................................... X
AAAAAAA ................ Asphalt Processing and Asphalt Roofing Manufacturing Area Sources ....................................................... X
BBBBBBB ................ Chemical Preparation Industry Area Sources ............................................................................................... X
CCCCCCC .............. Paints and Allied Products Manufacturing Area Sources ............................................................................. X
DDDDDDD .............. Prepared Feeds Areas Sources .................................................................................................................... X
EEEEEEE ................ Gold Mine Ore Processing and Production Area Sources ............................................................................ X
FFFFFFF– (Reserved) ..................................................................................................................................................... ........................
GGGGGGG.
HHHHHHH .............. Polyvinyl Chloride and Copolymers Production Major Sources .................................................................... X
1 Authorities which may not be delegated include: § 63.6(g), Approval of Alternative Non-Opacity Emission Standards; § 63.6(h)(9), Approval of
Alternative Opacity Standards; § 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods; § 63.8(f), Approval of Major Alternatives to
Monitoring; § 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified in the subparts (e.g., under
‘‘Delegation of Authority’’) that cannot be delegated.
2 Program delegated to Louisiana Department of Environmental Quality (LDEQ) for standards promulgated by EPA, as amended in the Fed-
eral Register through July 1, 2013.
3 The LDEQ was previously delegated this subpart on March 26, 2004 (69 FR 15687). The LDEQ has adopted the subpart unchanged and ap-
plied for delegation of the standard. The subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of Co-
lumbia Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C. Court’s holding this
subpart is not delegated to LDEQ at this time.
4 This subpart was issued a partial vacatur on October 29, 2007 (72 FR 61060) by the United States Court of Appeals for the District of Colum-
bia Circuit.
5 Final rule. See 78 FR 7138 (January 31, 2013).
6 This subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit on March 13,
2007. See, Sierra Club v. EPA, 479 F. 3d 875 (D.C. Cir. 2007). Because of the D.C. Court’s holding this subpart is not delegated to LDEQ at this
time.
7 Initial Final Rule on February 16, 2012 (77 FR 9304). Final on reconsideration of certain new source issues on April 24, 2013 (78 FR 24073).
Portions of this subpart are in proposed reconsideration pending final action on June 25, 2013 (78 FR 38001).

* * * * * DATES: This rule is effective on April 27, whose disclosure is restricted by statute.
[FR Doc. 2015–03730 Filed 2–23–15; 8:45 am] 2015 without further notice, unless EPA Do not submit information through
BILLING CODE 6560–50–P
receives relevant adverse comment by http://www.regulations.gov or email, if
March 26, 2015. If EPA receives such you believe that it is CBI or otherwise
comment, EPA will publish a timely protected from disclosure. The http://
ENVIRONMENTAL PROTECTION withdrawal in the Federal Register www.regulations.gov Web site is an
AGENCY informing the public that the updated ‘‘anonymous access’’ system, which
NESHAPs delegation will not take means EPA will not know your identity
40 CFR Parts 61 and 63 effect. or contact information unless you
ADDRESSES: Submit your comments, provide it in the body of your comment.
[EPA–R06–OAR–2008–0063; FRL–9923–22– identified by Docket ID No. EPA–R06– If you send an email comment directly
Region 6] OAR–2008–0063, by one of the to EPA without going through http://
following methods: www.regulations.gov, your email
National Emission Standards for address will be automatically captured
Hazardous Air Pollutants; Delegation • www.regulations.gov. Follow the
on-line instructions. and included as part of the comment
of Authority to Oklahoma that is placed in the public docket and
• Email: Mr. Rick Barrett at
AGENCY: Environmental Protection barrett.richard@epa.gov. Please also made available on the Internet. If you
Agency (EPA). send a copy by email to the person submit an electronic comment, EPA
listed in the FOR FURTHER INFORMATION recommends that you include your
ACTION: Direct final rule; delegation of
CONTACT section below. name and other contact information in
authority. the body of your comment along with
• Mail or delivery: Mr. Rick Barrett,
SUMMARY: The Oklahoma Department of Air Permits Section (6PD–R), any disk or CD–ROM submitted. If EPA
Environmental Quality (ODEQ) has Environmental Protection Agency, 1445 cannot read your comment due to
submitted updated regulations for Ross Avenue, Suite 1200, Dallas, Texas technical difficulties and cannot contact
receiving delegation of Environmental 75202–2733. you for clarification, EPA may not be
Protection Agency (EPA) authority for Instructions: Direct your comments to able to consider your comment.
implementation and enforcement of Docket No. EPA–R06–OAR–2008–0063. Electronic files should avoid the use of
National Emission Standards for EPA’s policy is that all comments special characters and any form of
Hazardous Air Pollutants (NESHAPs) received will be included in the public encryption and be free of any defects or
for all sources (both part 70 and non- docket without change and may be viruses. For additional information
tkelley on DSK3SPTVN1PROD with RULES

part 70 sources). The delegation of made available online at http:// about EPA’s public docket, visit the EPA
authority under this action does not www.regulations.gov, including any Docket Center homepage at http://
apply to sources located in Indian personal information provided, unless www.epa.gov/epahome/dockets.htm.
Country. EPA is taking direct final the comment includes information Docket: The index to the docket for
action to approve the delegation of claimed to be Confidential Business this action is available electronically at
certain NESHAPs to ODEQ. Information (CBI) or other information www.regulations.gov and in hard copy

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at EPA Region 6, 1445 Ross Avenue, (1) The State program is ‘‘no less 27, 2007, and became effective on June
Suite 700, Dallas, Texas. While all stringent’’ than the corresponding 15, 2007.
documents in the docket are listed in Federal program or rule;
(2) The State has adequate authority VI. What is not being delegated?
the index, some information may be
publicly available only at the hard copy and resources to implement the The following part 61 and 63
location (e.g., copyrighted material), and program; authorities listed below are not
some may not be publicly available at (3) The schedule for implementation delegated. All of the inquiries and
either location (e.g., CBI). and compliance is sufficiently requests concerning implementation
FOR FURTHER INFORMATION CONTACT: Mr. expeditious; and and enforcement of the excluded
Rick Barrett (6PD–R), (214) 665–7227, (4) The program otherwise complies standards in the State of Oklahoma
barrett.richard@epa.gov. To inspect the with Federal guidance. should be directed to the EPA Region 6
In order to obtain approval of its Office.
hard copy materials, please schedule an
appointment with Mr. Barrett or Mr. Bill
program to implement and enforce • 40 CFR part 61, subpart B (National
Federal section 112 rules as Emission Standards for Radon
Deese at (214) 665–7253.
promulgated without changes (straight Emissions from Underground Uranium
SUPPLEMENTARY INFORMATION: delegation), a state must demonstrate Mines);
Throughout this document ‘‘we,’’ ‘‘us,’’ that it meets the approval criteria of 40 • 40 CFR part 61, subpart H (National
and ‘‘our’’ refers to EPA. CFR 63.91(d). 40 CFR 63.91(d)(3) Emission Standards for Emissions of
Table of Contents provides that interim or final Title V Radionuclides Other Than Radon From
program approval will satisfy the Department of Energy Facilities);
I. What does this action do?
II. What is the authority for delegation? criteria of 40 CFR 63.91(d) for part 70 • 40 CFR part 61, subpart I (National
III. What criteria must Oklahoma’s programs sources (sources required to obtain Emission Standards for Radionuclide
meet to be approved? operating permits pursuant to Title V of Emissions from Federal Facilities Other
IV. How did ODEQ meet the approval the Clean Air Act). Than Nuclear Regulatory Commission
criteria? Licensees and Not Covered by Subpart
V. What is being delegated? IV. How did ODEQ meet the NESHAPs
H);
program approval criteria?
VI. What is not being delegated? • 40 CFR part 61, subpart K (National
VII. How will applicability determinations be As to the NESHAPs standards in 40 Emission Standards for Radionuclide
made? CFR parts 61 and 63, as part of its Title
VIII. What authority does EPA have? Emissions from Elemental Phosphorus
IX. What information must ODEQ provide to V submission ODEQ stated that it Plants);
EPA? intended to use the mechanism of • 40 CFR part 61, subpart Q (National
X. What is EPA’s oversight role? incorporation by reference to adopt Emission Standards for Radon
XI. Should sources submit notices to EPA or unchanged Federal section 112 into its Emissions from Department of Energy
ODEQ? regulations. This commitment applied facilities);
XII. How will unchanged authorities be to both existing and future standards as • 40 CFR part 61, subpart R (National
delegated to ODEQ in the future? they applied to part 70 sources. EPA’s Emission Standards for Radon
XIII. Final Action
final interim approval of Oklahoma’s Emissions from Phosphogypsum
XIV. Statutory and Executive Order Reviews
Title V operating permits program Stacks);
I. What does this action do? delegated the authority to implement • 40 CFR part 61, subpart T (National
EPA is taking direct final action to certain NESHAPs on February 5, 1996 Emission Standards for Radon
approve the delegation of certain (61 FR 4220). On December 5, 2001, Emissions from the Disposal of Uranium
NESHAPs to ODEQ. With this EPA granted final full approval of the Mill Tailings); and
delegation, ODEQ has the primary State’s operating permits program (66 • 40 CFR part 61, subpart W (National
responsibility to implement and enforce FR 63170). These interim and final Title Emission Standards for Radon
the delegated standards. V program approvals satisfy the upfront Emissions from Operating Mill
approval criteria of 40 CFR 63.91(d). Tailings).
II. What is the authority for delegation? Under 40 CFR 63.91(d)(2), once a State In addition, EPA cannot delegate to a
Section 112(l) of the CAA, and 40 CFR has satisfied up-front approval criteria, State any of the Category II Subpart A
part 63, subpart E, authorize EPA to it needs only to reference the previous authorities set forth in 40 CFR 63.91(g)
delegate authority to any State or local demonstration and reaffirm that it still (2). These include the following
agency which submits adequate meets the criteria for any subsequent provisions: § 63.6(g), Approval of
regulatory procedures for submittals of the section 112 standards. Alternative Non-Opacity Standards;
implementation and enforcement of ODEQ has affirmed that it still meets the § 63.6(h)(9), Approval of Alternative
emission standards for hazardous air up-front approval criteria. Opacity Standards; § 63.7(e)(2)(ii) and
pollutants. The hazardous air pollutant (f), Approval of Major Alternatives to
V. What is being delegated? Test Methods; § 63.8(f), Approval of
standards are codified at 40 CFR parts
61 and 63. By letter dated January 11, 2008, Major Alternatives to Monitoring; and
ODEQ requested EPA to update its § 63.10(f), Approval of Major
III. What criteria must Oklahoma’s existing NESHAP delegation. With Alternatives to Recordkeeping and
program meet to be approved? certain exceptions noted in section VI Reporting. In addition, some Part 63
Section 112(l)(5) of the CAA enables below, Oklahoma’s request included standards have certain provisions that
EPA to approve state air toxics programs NESHAPs in 40 CFR part 61 and 40 CFR cannot be delegated to the States.
or rules to operate in place of the part 63. ODEQ’s request included newly Therefore, any Part 63 standard that
tkelley on DSK3SPTVN1PROD with RULES

Federal air toxics program or rules. 40 incorporated NESHAPs promulgated by provides that certain authorities cannot
CFR part 63, subpart E governs EPA’s EPA and amendments to existing be delegated are retained by EPA and
approval of State rules or programs standards currently delegated, as not delegated to ODEQ. Furthermore, no
under section 112(l). amended between September 2, 2004 authorities are delegated that require
EPA will approve an air toxics and September 1, 2006. These NESHAPs rulemaking in the Federal Register to
program if we find that: were adopted by the ODEQ on March implement, or where Federal overview

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is the only way to ensure national EPA may review and disapprove of being adequately implemented and
consistency in the application of the State determinations and subsequently enforced. We will integrate oversight of
standards or requirements of CAA require corrections. (See 40 CFR the delegated authorities into the
section 112. Finally, section 112(r), the 63.91(g) and 65 FR 55810, 55823, existing mechanisms and resources for
accidental release program authority, is September 14, 2000, as amended at 70 oversight currently in place. If, during
not being delegated by this approval. FR 59887, October 13, 2005; 72 FR oversight, we determine that ODEQ
In addition, this delegation to ODEQ 27443, May 16, 2007.) made decisions that decreased the
to implement and enforce certain Furthermore, we retain any authority stringency of the delegated standards,
NESHAPs does not extend to sources or in an individual emission standard that then ODEQ shall be required to take
activities located in Indian country, as may not be delegated according to corrective actions and the source(s)
defined in 18 U.S.C. 1151. Under this provisions of the standard. Also, listed affected by the decisions will be
definition, EPA treats as reservations, in the footnotes of the part 63 delegation notified, as required by 40 CFR
trust lands validly set aside for the use table at the end of this rule are the 63.91(g)(1)(ii). We will initiate
of a Tribe even if the trust lands have authorities that cannot be delegated to withdrawal of the program or rule if the
not been formally designated as a any State or local agency which we corrective actions taken are insufficient.
reservation. Consistent with previous therefore retain.
federal program approvals or XI. Should sources submit notices to
IX. What information must ODEQ EPA or ODEQ?
delegations, EPA will continue to
provide to EPA? All of the information required
implement the NESHAPs in Indian
country because ODEQ has not ODEQ must provide any additional pursuant to the general provisions and
submitted information to demonstrate compliance related information to EPA, the relevant subpart of the Federal
authority over sources and activities Region 6, Office of Enforcement and NESHAPs (40 CFR parts 61 and 63)
located within the exterior boundaries Compliance Assurance within 45 days should be submitted by sources located
of Indian reservations and other areas in of a request under 40 CFR 63.96(a). In outside of Indian country, directly to the
Indian country.1 receiving delegation for specific General ODEQ at the following address:
Provisions authorities, ODEQ must Oklahoma Department of Environmental
VII. How will applicability submit to EPA Region 6 on a semi- Quality, 707 North Robinson, P.O. Box
determinations under section 112 be annual basis, copies of determinations 1677, Oklahoma City, Oklahoma 73101–
made? issued under these authorities. For parts 1677. The ODEQ is the primary point of
In approving this delegation, ODEQ 61 and 63 standards, these contact with respect to delegated
will obtain concurrence from EPA on determinations include: Section 63.1, NESHAPs. Sources do not need to send
any matter involving the interpretation Applicability Determinations; Section a copy to EPA. EPA Region 6 waives the
of section 112 of the CAA or 40 CFR 63.6(e), Operation and Maintenance requirement that notifications and
parts 61 and 63 to the extent that Requirements—Responsibility for reports for delegated standards be
implementation, administration, or Determining Compliance; Section submitted to EPA in addition to ODEQ
enforcement of these sections have not 63.6(f), Compliance with Non-Opacity in accordance with 40 CFR 63.9(a)(4)(ii)
been covered by EPA determinations or Standards—Responsibility for and 63.10(a)(4)(ii). For those standards
guidance. Determining Compliance; Section that are not delegated, sources must
63.6(h), Compliance with Opacity and continue to submit all appropriate
VIII. What authority does EPA have?
Visible Emissions Standards— information to EPA.
We retain the right, as provided by Responsibility for Determining
CAA section 112(l)(7), to enforce any Compliance; Sections 63.7(c)(2)(i) and XII. How will unchanged authorities be
applicable emission standard or (d), Approval of Site-Specific Test delegated to ODEQ in the future?
requirement under section 112. EPA Plans; Section 63.7(e)(2)(i), Approval of In the future, ODEQ will only need to
also has the authority to make certain Minor Alternatives to Test Methods; send a letter of request for approval to
decisions under the General Provisions Section 63.7(e)(2)(ii) and (f), Approval EPA, Region 6, for NESHAP regulations
(subpart A) of part 63. We are granting of Intermediate Alternatives to Test that ODEQ has adopted by reference.
ODEQ some of these authorities, and Methods; Section 63.7(e)(iii), Approval The letter must reference the previous
retaining others, as explained in of Shorter Sampling Times and Volumes up-front approval demonstration and
sections V and VI above. In addition, When Necessitated by Process Variables reaffirm that it still meets the up-front
or Other Factors; Sections 63.7(e)(2)(iv), approval criteria. We will respond in
1 The Safe, Accountable, Flexible, Efficient
(h)(2), and (h)(3), Waiver of Performance writing to the request stating that the
Transportation Equity Act of 2005 includes a
provision relating to Oklahoma and EPA programs,
Testing; Sections 63.8(c)(1) and (e)(1), request for delegation is either granted
providing: Approval of Site-Specific Performance or denied. A Federal Register action
Notwithstanding any other provision of law, if Evaluation (Monitoring) Test Plans; will be published to inform the public
the Administrator of the Environmental Protection Section 63.8(f), Approval of Minor and affected sources of the delegation,
Agency (referred to in this section as the Alternatives to Monitoring; Section indicate where source notifications and
‘‘Administrator’’) determines that a regulatory
program submitted by the State of Oklahoma for 63.8(f), Approval of Intermediate reports should be sent, and to amend
approval by the Administrator under a law Alternatives to Monitoring; Section 63.9 the relevant portions of the Code of
administered by the Administrator meets applicable and 63.10, Approval of Adjustments to Federal Regulations showing which
requirements of the law, and the Administrator Time Periods for Submitting Reports; NESHAPs standards have been
approves the State to administer the State program
under the law with respect to areas in the State that Section 63.10(f), Approval of Minor delegated to ODEQ.
Alternatives to Recordkeeping and
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are not Indian country, on request of the State, the
XIII. Final Action
Administrator shall approve the State to administer Reporting; Section 63.7(a)(4), Extension
the State program in the areas of the State that are of Performance Test Deadline. The public was provided the
in Indian country, without any further opportunity to comment on the
demonstration of authority by the State. X. What is EPA’s oversight role?
H.R. 3, Section 10211(a). Oklahoma has not
proposed approval of the program and
applied to administer the NESHAPS program in EPA must oversee ODEQ’s decisions mechanism for delegation of section 112
Indian country in accordance with this statute. to ensure the delegated authorities are standards, as they apply to part 70

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sources, on March 10, 1995, for the requirements beyond those imposed by Business Regulatory Enforcement
proposed interim approval of ODEQ’s state law. Accordingly, the Fairness Act of 1996, generally provides
operating permits program. (60 FR Administrator certifies that this rule that before a rule may take effect, the
13088). In EPA’s final full approval of will not have a significant economic agency promulgating the rule must
ODEQ’s operating permits program on impact on a substantial number of small submit a rule report, which includes a
February 5, 1996 (61 FR 4220), EPA entities under the Regulatory Flexibility copy of the rule, to each House of the
discussed that no adverse comments Act (5 U.S.C. 601 et seq.). Because this Congress and to the Comptroller General
were received from the public on the rule approves pre-existing requirements of the United States. EPA will submit a
proposed final delegation of the under state law and does not impose report containing this rule and other
operating permits program. In today’s any additional enforceable duty beyond required information to the U.S. Senate,
action, the public is given the that required by state law, it does not the U.S. House of Representatives, and
opportunity to comment on the contain any unfunded mandate or the Comptroller General of the United
approval of ODEQ’s request for significantly or uniquely affect small States prior to publication of the rule in
delegation of authority to implement governments, as described in the the Federal Register. A major rule
and enforce certain section 112 Unfunded Mandates Reform Act of 1995 cannot take effect until 60 days after it
standards for all sources (both part 70 (Pub. L. 104–4). is published in the Federal Register.
and non-part 70 sources) which have In addition, this rule does not have This action is not a ‘‘major rule’’ as
been adopted by reference into tribal implications as specified by defined by 5 U.S.C. 804(2).
Oklahoma’s state regulations. However, Executive Order 13175 (65 FR 67249, Under section 307(b)(1) of the Clean
the Agency views the approval of this November 9, 2000), because the Air Act, petitions for judicial review of
request as a noncontroversial action and delegation is not approved to apply in this action must be filed in the United
anticipates no adverse comments. Indian country located in the State, and States Court of Appeals for the
Therefore, EPA is publishing this rule the EPA notes that it will not impose appropriate circuit by April 27, 2015.
without prior proposal. However, in the substantial direct costs on tribal Filing a petition for reconsideration by
‘‘Proposed Rules’’ section of today’s governments or preempt tribal law. This the Administrator of this final rule does
Federal Register publication, EPA is action also does not have Federalism not affect the finality of this rule for the
publishing a separate document that implications because it does not have purposes of judicial review nor does it
will serve as the proposal to approve the substantial direct effects on the States, extend the time within which a petition
program and delegation of authority on the relationship between the national for judicial review may be filed, and
described in this action if adverse government and the States, or on the shall not postpone the effectiveness of
comments are received. This action will distribution of power and such rule or action. This action may not
be effective April 27, 2015 without responsibilities among the various be challenged later in proceedings to
further notice unless the Agency levels of government, as specified in enforce its requirements. (See section
receives relevant adverse comments by Executive Order 13132 (64 FR 43255, 307(b)(2).)
March 26, 2015. August 10, 1999). This action merely
If EPA receives relevant adverse approves a state request to receive List of Subjects
comments, we will publish a timely delegation of certain Federal standards,
40 CFR Part 61
withdrawal in the Federal Register and does not alter the relationship or
informing the public the rule will not the distribution of power and Environmental protection,
take effect. We will address all public responsibilities established in the Clean Administrative practice and procedure,
comments in a subsequent final rule Air Act. This rule also is not subject to Air pollution control, Arsenic, Benzene,
based on the proposed rule. The EPA Executive Order 13045 ‘‘Protection of Beryllium, Hazardous substances,
will not institute a second comment Children from Environmental Health Mercury, Intergovernmental relations,
period on this action. Any parties Risks and Safety Risks’’ (62 FR 19885, Reporting and recordkeeping
interested in commenting must do so at April 23, 1997), because it is not requirements, Vinyl chloride.
this time. Please note that if we receive economically significant.
In reviewing delegation submissions, 40 CFR Part 63
relevant adverse comment on an
amendment, paragraph, or section of the EPA’s role is to approve submissions Environmental protection,
rule and if that provision may be provided that they meet the criteria of Administrative practice and procedure,
severed from the remainder of the rule, the Clean Air Act. In this context, in the Air pollution control, Hazardous
we may adopt as final those provisions absence of a prior existing requirement substances, Intergovernmental relations,
of the rule that are not the subject of a for the State to use voluntary consensus Reporting and recordkeeping
relevant adverse comment. standards (VCS), EPA has no authority requirements.
to disapprove a delegation submission Dated: February 6, 2015.
XIV. Statutory and Executive Order for failure to use VCS. It would thus be
Reviews inconsistent with applicable law for
Wren Stenger,
Under Executive Order 12866 (58 FR EPA to use VCS in place of a delegation Director, Multimedia Planning and Permitting
51735, October 4, 1993), this action is Division, Region 6.
submission that otherwise satisfies the
not a ‘‘significant regulatory action’’ and provisions of the Clean Air Act. Thus, For the reasons stated in the
therefore is not subject to review by the the requirements of section 12(d) of the preamble, 40 CFR parts 61 and 63 are
Office of Management and Budget. For National Technology Transfer and amended as follows:
this reason, this action is also not Advancement Act of 1995 (15 U.S.C.
subject to Executive Order 13211, 272 note) do not apply. This rule does PART 61—NATIONAL EMISSION
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‘‘Actions Concerning Regulations That not impose an information collection STANDARDS FOR HAZARDOUS AIR
Significantly Affect Energy Supply, burden under the provisions of the POLLUTANTS
Distribution, or Use’’ (66 FR 28355, May Paperwork Reduction Act of 1995 (44
22, 2001). This action merely approves U.S.C. 3501 et seq.). ■ 1. The authority citation for part 61
state law as meeting Federal The Congressional Review Act, 5 continues to read as follows:
requirements and imposes no additional U.S.C. 801 et seq., as added by the Small Authority: 42 U.S.C. 7401 et seq.

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9626 Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations

Subpart A—General Provisions § 61.04 Address. (ODED) has been delegated the
* * * * * following part 61 standards
■ 2. Section 61.04 is amended by (c) * * * promulgated by EPA, as amended in the
revising paragraph (c)(6)(iv) to read as (6) * * * Federal Register through September 1,
follows: (iv) Oklahoma. The Oklahoma 2006. The (X) symbol is used to indicate
Department of Environmental Quality each subpart that has been delegated.

DELEGATION STATUS FOR NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (PART 61 STANDARDS)
FOR OKLAHOMA
[Excluding Indian country]

Subpart Source category ODEQ 1

A .................. General Provisions ..................................................................................................................................................... X
B .................. Radon Emissions From Underground Uranium Mines .............................................................................................. ........................
C .................. Beryllium .................................................................................................................................................................... X
D .................. Beryllium Rocket Motor Firing ................................................................................................................................... X
E .................. Mercury ...................................................................................................................................................................... X
F .................. Vinyl Chloride ............................................................................................................................................................. X
G ................. (Reserved) ................................................................................................................................................................. ........................
H .................. Emissions of Radionuclides Other Than Radon From Department of Energy Facilities .......................................... ........................
I ................... Radionuclide Emissions From Federal Facilities Other Than Nuclear Regulatory Commission Licensees and Not ........................
Covered by Subpart H.
J .................. Equipment Leaks (Fugitive Emission Sources) of Benzene ..................................................................................... X
K .................. Radionuclide Emissions From Elemental Phosphorus Plants ................................................................................... ........................
L .................. Benzene Emissions From Coke By-Product Recovery Plants .................................................................................. X
M ................. Asbestos .................................................................................................................................................................... X
N .................. Inorganic Arsenic Emissions From Glass Manufacturing Plants ............................................................................... X
O ................. Inorganic Arsenic Emissions From Primary Copper Smelters .................................................................................. X
P .................. Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities .............................. X
Q ................. Radon Emissions From Department of Energy Facilities .......................................................................................... ........................
R .................. Radon Emissions From Phosphogypsum Stacks ...................................................................................................... ........................
S .................. (Reserved) ................................................................................................................................................................. ........................
T .................. Radon Emissions From the Disposal of Uranium Mill Tailings ................................................................................. ........................
U .................. (Reserved) ................................................................................................................................................................. ........................
V .................. Equipment Leaks (Fugitives Emission Sources) ....................................................................................................... X
W ................. Radon Emissions From Operating Mill Tailings ........................................................................................................ ........................
X .................. (Reserved) ................................................................................................................................................................. ........................
Y .................. Benzene Emissions From Benzene Storage Vessels ............................................................................................... X
Z–AA ........... (Reserved) ................................................................................................................................................................. ........................
BB ............... Benzene Emissions From Benzene Transfer Operations ......................................................................................... X
CC–EE ........ (Reserved) ................................................................................................................................................................. ........................
FF ................ Benzene Waste Operations ....................................................................................................................................... X
1 Program delegated to Oklahoma Department of Environmental Quality (ODEQ).

* * * * * Subpart E—Approval of State Oklahoma Department of Environmental
Programs and Delegation of Federal Quality for all sources. The ‘‘X’’ symbol
PART 63—NATIONAL EMISSION Authorities is used to indicate each subpart that has
STANDARDS FOR HAZARDOUS AIR been delegated. The delegations are
POLLUTANTS FOR SOURCE ■ 4. Section 63.99 is amended by subject to all of the conditions and
CATEGORIES revising paragraph (a)(37)(i) to read as limitations set forth in Federal law,
follows: regulations, policy, guidance, and
■ 3. The authority citation for part 63 determinations. Some authorities cannot
§ 63.99 Delegated Federal authorities.
continues to read as follows: be delegated and are retained by EPA.
(a) * * * These include certain General
Authority: 42 U.S.C. 7401 et seq. (37) * * * Provisions authorities and specific parts
(i) The following table lists the of some standards. Any amendments
specific part 63 standards that have made to these rules after September 1,
been delegated unchanged to the 2006 are not delegated.

DELEGATION STATUS FOR PART 63 STANDARDS—STATE OF OKLAHOMA
[Excluding Indian country]

Subpart Source category ODEQ 1 2
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A .................. General Provisions ..................................................................................................................................................... X
F .................. Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI) ................... X
G ................. HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater ......................................... X
H .................. HON—Equipment Leaks ............................................................................................................................................ X
I ................... HON—Certain Processes Negotiated Equipment Leak Regulation .......................................................................... X
J .................. Polyvinyl Chloride and Copolymers Production ......................................................................................................... (3)

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9628 Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations

DELEGATION STATUS FOR PART 63 STANDARDS—STATE OF OKLAHOMA—Continued
[Excluding Indian country]

Subpart Source category ODEQ 1 2

IIII ................ Auto & Light Duty Truck (Surface Coating) ............................................................................................................... X
JJJJ ............. Paper and other Web (Surface Coating) ................................................................................................................... X
KKKK ........... Metal Can (Surface Coating) ..................................................................................................................................... X
MMMM ........ Misc. Metal Parts and Products (Surface Coating) ................................................................................................... X
NNNN .......... Surface Coating of Large Appliances ........................................................................................................................ X
OOOO ......... Fabric Printing Coating and Dyeing ........................................................................................................................... X
PPPP ........... Plastic Parts (Surface Coating) .................................................................................................................................. X
QQQQ ......... Surface Coating of Wood Building Products ............................................................................................................. X
RRRR .......... Surface Coating of Metal Furniture ............................................................................................................................ X
SSSS ........... Surface Coating for Metal Coil ................................................................................................................................... X
TTTT ........... Leather Finishing Operations ..................................................................................................................................... X
UUUU .......... Cellulose Production Manufacture ............................................................................................................................. X
VVVV ........... Boat Manufacturing .................................................................................................................................................... X
WWWW ....... Reinforced Plastic Composites Production ................................................................................................................ X
XXXX ........... Tire Manufacturing ..................................................................................................................................................... X
YYYY ........... Combustion Turbines ................................................................................................................................................. X
ZZZZ ........... Reciprocating Internal Combustion Engines (RICE) ................................................................................................. X
AAAAA ........ Lime Manufacturing Plants ........................................................................................................................................ X
BBBBB ........ Semiconductor Manufacturing ................................................................................................................................... X
CCCCC ....... Coke Ovens: Pushing, Quenching and Battery Stacks ............................................................................................. X
DDDDD ....... Industrial/Commercial/Institutional Boilers and Process Heaters Major Sources ..................................................... X
EEEEE ........ Iron Foundries ............................................................................................................................................................ X
FFFFF ......... Integrated Iron and Steel ........................................................................................................................................... X
GGGGG ...... Site Remediation ........................................................................................................................................................ X
HHHHH ....... Miscellaneous Coating Manufacturing ....................................................................................................................... X
IIIII ............... Mercury Cell Chlor-Alkali Plants ................................................................................................................................ X
JJJJJ ........... Brick and Structural Clay Products Manufacturing .................................................................................................... X
KKKKK ........ Clay Ceramics Manufacturing .................................................................................................................................... X
LLLLL .......... Asphalt Roofing and Processing ............................................................................................................................... X
MMMMM ..... Flexible Polyurethane Foam Fabrication Operation .................................................................................................. X
NNNNN ....... Hydrochloric Acid Production, Fumed Silica Production ........................................................................................... X
OOOOO ...... (Reserved) ................................................................................................................................................................. ........................
PPPPP ........ Engine Test Facilities ................................................................................................................................................. X
QQQQQ ...... Friction Products Manufacturing ................................................................................................................................ X
RRRRR ....... Taconite Iron Ore Processing .................................................................................................................................... X
SSSSS ........ Refractory Products Manufacture .............................................................................................................................. X
TTTTT ......... Primary Magnesium Refining ..................................................................................................................................... X
1 Programdelegated to Oklahoma Department of Environmental Quality (ODEQ).
2 Authorities
which may not be delegated include: § 63.6(g), Approval of Alternative Non-Opacity Emission Standards; § 63.6(h)(9), Approval of
Alternative Opacity Standards; § 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods; § 63.8(f), Approval of Major Alternatives to
Monitoring; § 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified in the subparts (e.g., under
‘‘Delegation of Authority’’) that cannot be delegated.
3 The ODEQ has adopted this subpart unchanged and applied for delegation of the standard. The subpart was vacated and remanded to EPA
by the United States Court of Appeals for the District of Columbia Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d 1232
(D.C. Cir. 2004). Because of the D.C. Court’s holding, this subpart is not delegated to ODEQ at this time.

* * * * *
[FR Doc. 2015–03803 Filed 2–23–15; 8:45 am]
BILLING CODE 6560–50–P
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Document Created: 2015-12-18 13:23:05
Document Modified: 2015-12-18 13:23:05
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule; delegation of authority.
Dates		This rule is effective on April 27, 2015 without further notice, unless EPA receives relevant adverse comment by March 26, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the updated NESHAPs delegation will not take effect.
Contact		Mr. Rick Barrett (6PD-R), (214) 665- 7227, [email protected] To inspect the hard copy materials, please schedule an appointment with Mr. Barrett or Mr. Bill Deese at (214) 665-7253.
FR Citation		80 FR 9622
CFR Citation		40 CFR 61 40 CFR 63
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Arsenic; Benzene; Beryllium; Hazardous Substances; Mercury; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Vinyl Chloride