Air Plan Approval; Oklahoma; Updates to the General SIP and Incorporation by Reference Provisions, 50263-50267 [2022-17241]
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Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Rules and Regulations
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: August 8, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.770, the table in paragraph
(c) is amended by revising the entries
for ‘‘1–6–1’’, ‘‘1–6–2’’, ‘‘1–6–4’’, ‘‘1–6–
5’’, and ‘‘1–6–6’’ under ‘‘Article 1.
General Provisions’’, ‘‘Rule 6.
Malfunctions’’, and the entry for ‘‘2–9–
1’’ under ‘‘Article 2. Permit Review
Rules’’, ‘‘Rule 9. Source Specific
Operating Agreement Program’’, to read
as follows:
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§ 52.770
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1. The authority citation for part 52
continues to read as follows:
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Identification of plan.
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(c) * * *
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EPA-APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective date
Subject
EPA approval date
Notes
Article 1. General Provisions
Rule 1. Provisions Applicable Throughout Title 326
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Rule 6. Malfunctions
1–6–1 ...............
Applicability ..................................................
1/29/2017
1–6–2 ...............
Records; notice of malfunction ....................
1/29/2017
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1–6–4 ...............
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1/29/2017
1–6–5 ...............
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Conditions under which malfunction not
considered violation.
Excessive malfunctions; department actions
1/29/2017
1–6–6 ...............
Malfunction emission reduction program .....
1/29/2017
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8/16/2022, [Insert Federal Register Citation].
8/16/2022, [Insert Federal Register Citation].
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8/16/2022, [Insert Federal Register Citation].
8/16/2022, [Insert Federal Register Citation].
8/16/2022, [Insert Federal Register Citation].
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Article 2. Permit Review Rules
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Rule 9. Source Specific Operating Agreement Program
2–9–1 ...............
General provisions .......................................
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§ 52.1170
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[Amended]
3. In § 52.1170, the table in paragraph
(c) is amended by removing the entry for
‘‘R 339.1916’’.
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8/16/2022, [INSERT FEDERAL REGISTER
CITATION].
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ENVIRONMENTAL PROTECTION
AGENCY
■
§ 52.1220
1/29/2017
[Amended]
[EPA–R06–OAR–2021–0621; FRL–9085–02–
R6]
Air Plan Approval; Oklahoma; Updates
to the General SIP and Incorporation
by Reference Provisions
[FR Doc. 2022–17334 Filed 8–15–22; 8:45 am]
AGENCY:
BILLING CODE 6560–50–P
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Environmental Protection
Agency (EPA).
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ACTION:
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Final rule.
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving identified portions of two
revisions to the Oklahoma State
Implementation Plan (SIP) submitted by
the State of Oklahoma designee on May
15, 2020, and February 9, 2021. This
action addresses revisions to the
Oklahoma SIP pertaining to the general
SIP definitions under Oklahoma
SUMMARY:
40 CFR Part 52
4. In § 52.1220, the table in paragraph
(c) is amended by removing the entry for
‘‘7011.1415’’.
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Administrative Code (OAC) Title 252,
Chapter 100, Subchapter 1, Section 1–3,
and revisions to the Oklahoma SIP to
update the incorporation by reference of
Federal requirements under OAC Title
252, Chapter 100, Subchapter 2, and
Appendix Q.
DATES: This rule is effective on
September 15, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2021–0621. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Adina Wiley, EPA Region 6 Office, Air
Permits Section, 214–665–2115,
wiley.adina@epa.gov. Out of an
abundance of caution for members of
the public and our staff, the EPA Region
6 office may be closed to the public to
reduce the risk of transmitting COVID–
19. Please call or email the contact
listed above if you need alternative
access to material indexed but not
provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our proposed
rulemaking published on October 27,
2021 (86 FR 59333). In that document
we proposed to approve revisions to the
Oklahoma SIP that update the
definitions relied on throughout the
Oklahoma SIP and update the
incorporation by reference dates for
Federal requirements. The public
comment period for the proposed action
closed on November 26, 2021. We
received one comment in support of our
action. This supportive comment, which
is included in the publicly posted
docket associated with this action at
https://www.regulations.gov, restated
the purpose of the EPA’s proposed
rulemaking and expressed support for
our action. Therefore, we are finalizing
our action as proposed.
II. Impact on Areas of Indian Country
As stated in the proposed action,
following the U.S. Supreme Court
decision in McGirt v Oklahoma, 140
S.Ct. 2452 (2020), the Governor of the
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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.1 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 is necessary for the
State to administer a program in light of
Oklahoma Dept. of Environmental
Quality v. EPA, 740 F.3d 185 (D.C. Cir.
2014).2
On October 1, 2020, the EPA
approved Oklahoma’s SAFETEA request
to administer all of the State’s EPAapproved environmental regulatory
programs, including the Oklahoma SIP,
in the requested areas of Indian
country.3 As requested by Oklahoma,
the EPA’s approval under SAFETEA
does not include Indian country lands,
including rights-of-way running through
the same, that: (1) qualify as Indian
allotments, the Indian titles to which
have not been extinguished, under 18
U.S.C. 1151(c); (2) are held in trust by
the United States on behalf of an
individual Indian or Tribe; or (3) are
owned in fee by a Tribe, if the Tribe (a)
acquired that fee title to such land, or
an area that included such land, in
accordance with a treaty with the
United States to which such Tribe was
a party, and (b) never allotted the land
to a member or citizen of the Tribe
(collectively ‘‘excluded Indian country
lands’’).
The EPA’s approval under SAFETEA
expressly provided that to the extent the
EPA’s prior approvals of Oklahoma’s
environmental programs excluded
Indian country, any such exclusions are
superseded for the geographic areas of
Indian country covered by the EPA’s
approval of Oklahoma’s SAFETEA
request.4 The approval also provided
that future revisions or amendments to
Oklahoma’s approved environmental
regulatory programs would extend to
the covered areas of Indian country
(without any further need for additional
requests under SAFETEA).5
As explained above, the EPA is
approving revisions to the general
definitions used in the Oklahoma SIP as
well as updates to the incorporation by
reference provisions to maintain
consistency with Federal requirements,
which will apply statewide in
Oklahoma. Consistent with the D.C.
Circuit’s decision in ODEQ v. EPA and
with the EPA’s October 1, 2020,
SAFETEA approval, these SIP revisions
will apply to all Indian country within
the State of Oklahoma, other than the
excluded Indian country lands.
Because—per the State’s request under
SAFETEA—the EPA’s October 1, 2020
approval does not displace any SIP
authority previously exercised by the
State under the CAA as interpreted in
ODEQ v. EPA, the SIP will also apply
to any Indian allotments or dependent
Indian communities located outside of
an Indian reservation over which there
has been no demonstration of tribal
authority.
1 A copy of the Governor’s July 22, 2020, request
can be found in the docket for this rulemaking on
the https://www.regulations.gov website. See
Document ID No. EPA–R06–OAR–2021–0621–0006.
2 In ODEQ v. EPA, the D.C. Circuit held that
under the CAA, a state has the authority to
implement a SIP in non-reservation areas of Indian
country in the state, where there has been no
demonstration of tribal jurisdiction. Under the D.C.
Circuit’s decision, the CAA does not provide
authority to states to implement SIPs in Indian
reservations. ODEQ did not, however, substantively
address the separate authority in Indian country
provided specifically to Oklahoma under
SAFETEA. That separate authority was not invoked
until the State submitted its request under
SAFETEA, and was not approved until EPA’s
decision, described in this section, on October 1,
2020.
3 A copy of EPA’s October 1, 2020, approval can
be found in the docket for this rulemaking on the
https://www.regulations.gov website. See Document
ID No. EPA–R06–OAR–2021–0621–0007.
4 The EPA’s prior approvals relating to
Oklahoma’s SIP frequently noted that the SIP was
not approved to apply in areas of Indian country
(consistent with the D.C. Circuit’s decision in
ODEQ v. EPA) located in the state. See, e.g., 85 FR
20178, 20180 (April 10, 2020). Such prior expressed
limitations are superseded by the EPA’s approval of
Oklahoma’s SAFETEA request.
5 On December 22, 2021, the EPA proposed to
withdraw and reconsider the October 1, 2020,
SAFETEA approval. See https://www.epa.gov/ok/
proposed-withdrawal-and-reconsideration-andsupporting-information. The EPA expects to have
further discussions with tribal governments and the
State of Oklahoma as part of this reconsideration.
The EPA also notes that the October 1, 2020,
approval is the subject of a pending challenge in
Federal court. Pawnee Nation of Oklahoma v
Regan, No. 20–9635 (10th Cir.). The EPA may make
further changes to the approval of Oklahoma’s
program to reflect the outcome of the proposed
withdrawal and reconsideration of the October 1,
2020, SAFETEA approval.
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III. Final Action
We are approving, under section 110
of the CAA, revisions to the Oklahoma
SIP that update the definitions relied on
throughout the SIP and update the
incorporation by reference dates for
Federal requirements. We have
determined that the revisions submitted
on May 15, 2020, and February 9, 2021,
were developed in accordance with the
CAA and the EPA’s regulations, policy
and guidance for SIP development.
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Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Rules and Regulations
The EPA is approving the following
revisions to the Oklahoma SIP adopted
on May 28, 2019, effective September
15, 2019, and submitted to the EPA on
May 15, 2020:
• Revisions to OAC 252:100–2–3,
Incorporation by Reference;
• Repeal of OAC 252:100, Appendix
Q; and
• Adoption of new OAC 252:100,
Appendix Q.
The EPA is approving the following
revisions to the Oklahoma SIP adopted
on June 25, 2020, effective September
15, 2020, and submitted to the EPA on
February 9, 2021:
• Revisions to OAC 252:100–1–3,
Definitions;
• Revisions to OAC 252:100–2–3,
Incorporation by Reference;
• Repeal of OAC 252:100, Appendix
Q; and
• Adoption of new OAC 252:100,
Appendix Q.
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IV. Environmental Justice
Considerations
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’ 6 The EPA is providing
additional analysis of environmental
justice associated with this action for
the purpose of providing information to
the public and not as a basis of our final
action.
The EPA conducted an EJScreen
analysis for census block groups within
the State of Oklahoma. The complete
report is available in the docket for this
action. We reviewed census block group
data for the entire state to identify
6 https://www.epa.gov/environmentaljustice/
learn-about-environmental-justice.
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counties that contained census block
groups over the 80th percentile for any
EJ Index. From this statewide analysis,
we identified 11 counties within the
state that have census block groups with
EJScreen Indexes over the 80th
percentile that were targeted for further
review using EJScreen 2.0. Of the 11
identified counties, 1 county has census
block groups that exceed the 80th
percentile in the state for the EJ Index
for particulate patter PM2.5, 2 counties
have census block groups that exceed
the 80th percentile in the state for the
EJ Index for ozone, 1 county has census
block groups that exceed the 80th
percentile in the state for the EJ Index
for 2017 Diesel Particulate Matter, 1
county has census block groups that
exceed the 80th percentile in the state
for the EJ Index for 2017 air toxics
cancer risk, 1 county has census block
groups that exceed the 80th percentile
in the state for the EJ Index for 2017 air
toxics respiratory HI, 5 counties have
census block groups that exceed the
80th percentile in the state for the EJ
Index for traffic proximity, 4 counties
have census block groups that exceed
the 80th percentile in the state for the
EJ Index for lead paint, 5 counties have
census block groups that exceed the
80th percentile in the state for the EJ
Index for RMP facility proximity, 6
counties have census block groups that
exceed the 80th percentile in the state
for the EJ Index for hazardous waste
proximity, 7 counties have census block
groups that exceed the 80th percentile
in the state for the EJ Index for
underground storage tanks, and 4
counties contain census block groups
that exceed the 80th percentile in the
state for the EJ Index for wastewater
discharge.
The EPA also reviewed demographic
data, which provides an assessment of
individual demographic groups of the
populations living within Oklahoma.7
The EPA then compared the data to the
national average for each of the
demographic groups. The results of the
demographic analysis indicate that, for
populations within Oklahoma, the
percent people of color (persons who
reported their race as a category other
than White alone (not Hispanic or
Latino)) is less than the national average
(35 percent versus 40 percent). Within
people of color, the percent of the
population that is Black or African
American alone is lower than the
national average (7.8 percent versus 13.4
percent) and the percent of the
7 See the United States Census Bureau’s
QuickFacts on Oklahoma at https://
www.census.gov/quickfacts/fact/table/OK,US/
PST045221.
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population that is American Indian/
Alaska Native is significantly higher
than the national average (9.4 percent
versus 1.3 percent). The percent of the
population that is Two or More races is
higher than the national averages (6.3
percent versus 2.8 percent). The percent
of people living below the poverty level
in Oklahoma is higher than the national
average (14.3 percent versus 11.4
percent). The percent of people over 25
with a high school diploma in
Oklahoma is similar to the national
average (88.6 percent versus 88.5
percent), while the percent with a
Bachelor’s degree or higher is below the
national average (26.1 percent versus
32.9 percent). These populations and
others residing in Oklahoma may be
vulnerable and subject to
disproportionate impacts within the
meaning of the Executive orders
described above.
This final rule approves revisions to
the general definitions germane to the
Oklahoma SIP and updates to the
incorporation by reference provisions to
maintain consistency with Federal
requirements. Final approval of these
revisions to the implementing
definitions of the Oklahoma SIP and
incorporation of current Federal
requirements will continue to enable the
State of Oklahoma to implement control
strategies and permitting programs that
will achieve emissions reductions and
contribute to reduced environmental
and health impacts on those residing,
working, attending school, or otherwise
present in vulnerable communities in
Oklahoma. This final rule is not
anticipated to have disproportionately
high or adverse human health or
environmental effects on communities
with environmental justice concerns
because it should not result in or
contribute to emissions increases in
Oklahoma.
V. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference the revisions
to the Oklahoma regulations as
described in the Final Action section
above. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the SIP, have been incorporated by
reference by the EPA into that plan, are
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Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Rules and Regulations
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of the EPA’s approval, and will be
incorporated in the next update to the
SIP compilation.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
This action to approve revisions to the
Oklahoma SIP that update the
definitions relied on throughout the SIP
and update the incorporation by
reference dates for Federal requirements
will apply to certain areas of Indian
country as discussed in the preamble,
and therefore has tribal implications as
specified in E.O. 13175 (65 FR 67429,
November 9, 2000). However, this
action will neither impose substantial
direct compliance costs on federally
recognized tribal governments, nor
preempt tribal law. This action will not
impose substantial direct compliance
costs on federally recognized tribal
governments because no actions will be
required of tribal governments. This
action will also not preempt tribal law
as no Oklahoma tribe implements a
regulatory program under the CAA, and
thus does not have applicable or related
tribal laws. Consistent with the EPA
Policy on Consultation and
Coordination with Indian Tribes (May 4,
2011), the EPA offered consultation (by
letter dated October 15, 2021) on our
proposed rulemaking to tribal
governments that may be affected by
this action. We received no requests for
tribal consultation.
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 17, 2022. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 5, 2022.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 52 as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart LL—Oklahoma
2. In § 52.1920, in paragraph (c), the
table titled ‘‘EPA Approved Oklahoma
Regulations’’ is amended by revising the
entries for ‘‘252:100–1–3’’, ‘‘252:100–2–
3’’, and ‘‘252:100, Appendix Q’’ to read
as follows:
■
§ 52.1920
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Identification of plan.
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EPA APPROVED OKLAHOMA REGULATIONS
State citation
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State
effective
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Title/subject
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EPA approval date
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Explanation
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CHAPTER 100 (OAC 252:100). AIR POLLUTION CONTROL
Subchapter 1. General Provisions
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EPA APPROVED OKLAHOMA REGULATIONS—Continued
State
effective
date
State citation
Title/subject
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252:100–1–3 ...........
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Definitions ....................................
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EPA approval date
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9/15/2020
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Explanation
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8/16/2022, [Insert Federal Register citation].
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Subchapter 2. Incorporation by Reference
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252:100–2–3 ...........
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Incorporation by reference ..........
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9/15/2020
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8/16/2022, [Insert Federal Register citation].
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Appendices for OAC 252: Chapter 100
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252:100, Appendix
Q.
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Incorporation by reference ..........
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2022–0422; FRL–9838–02–
R7]
Air Plan Approval; Missouri;
Construction Permit Exemptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Missouri State
Implementation Plan (SIP) received on
June 10, 2021. The submission revises
Missouri’s regulation on construction
permit exemptions. These revisions
update incorporations by reference,
remove unnecessary words, and make
minor clarifications and grammatical
changes. These revisions do not impact
the stringency of the SIP or have an
adverse effect on air quality. The EPA’s
approval of this rule revision is being
done in accordance with the
requirements of the Clean Air Act
(CAA).
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SUMMARY:
This final rule is effective on
September 15, 2022.
DATES:
16:02 Aug 15, 2022
*
8/16/2022, [Insert Federal Register citation].
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Jkt 256001
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SIP only includes specified portions of 40 CFR parts 50, 51,
and 98, as referenced in
252:100, Appendix Q.
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The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2022–0422. All
documents in the docket are listed on
the https://www.regulations.gov web
site. Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
ADDRESSES:
[FR Doc. 2022–17241 Filed 8–15–22; 8:45 am]
VerDate Sep<11>2014
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9/15/2020
FOR FURTHER INFORMATION CONTACT:
Bethany Olson, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7905;
email address: olson.bethany@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
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*
I. What is being addressed in this
document?
The EPA is approving revisions to the
Missouri SIP received on June 10, 2021.
The revisions are to Title 10, Division
10 of the Code of State Regulations
(CSR), 10 CSR 10–6.061 ‘‘Construction
Permit Exemptions’’. The purpose of the
state regulation is to list specific
construction or modification projects
that are exempt from the requirement to
obtain permits to construct under 10
CSR 10–6.060. Missouri made several
revisions to the rule. These revisions to
the rule update incorporations by
references, remove unnecessary words,
and make minor clarifications and
grammatical changes. As explained in
detail in the EPA’s proposed rule, EPA
finds these revisions meet the
requirements of the Clean Air Act, do
not impact the stringency of the SIP,
and do not adversely impact air quality.
87 FR 31966 (May 26, 2022) The full
text of the rule revisions as well as
EPA’s analysis of the revisions are
contained in the technical support
document (TSD) included in the docket
for this action.
Table of Contents
II. Have the requirements for approval
of a SIP revision been met?
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. The EPA’s Responses to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
The State submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. The State provided
PO 00000
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]]>Agencies
[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50263-50267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17241]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2021-0621; FRL-9085-02-R6]
Air Plan Approval; Oklahoma; Updates to the General SIP and
Incorporation by Reference Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving identified portions
of two revisions to the Oklahoma State Implementation Plan (SIP)
submitted by the State of Oklahoma designee on May 15, 2020, and
February 9, 2021. This action addresses revisions to the Oklahoma SIP
pertaining to the general SIP definitions under Oklahoma
[[Page 50264]]
Administrative Code (OAC) Title 252, Chapter 100, Subchapter 1, Section
1-3, and revisions to the Oklahoma SIP to update the incorporation by
reference of Federal requirements under OAC Title 252, Chapter 100,
Subchapter 2, and Appendix Q.
DATES: This rule is effective on September 15, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2021-0621. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet. Publicly available docket
materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Adina Wiley, EPA Region 6 Office, Air
Permits Section, 214-665-2115, [email protected]. Out of an abundance
of caution for members of the public and our staff, the EPA Region 6
office may be closed to the public to reduce the risk of transmitting
COVID-19. Please call or email the contact listed above if you need
alternative access to material indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
proposed rulemaking published on October 27, 2021 (86 FR 59333). In
that document we proposed to approve revisions to the Oklahoma SIP that
update the definitions relied on throughout the Oklahoma SIP and update
the incorporation by reference dates for Federal requirements. The
public comment period for the proposed action closed on November 26,
2021. We received one comment in support of our action. This supportive
comment, which is included in the publicly posted docket associated
with this action at https://www.regulations.gov, restated the purpose
of the EPA's proposed rulemaking and expressed support for our action.
Therefore, we are finalizing our action as proposed.
II. Impact on Areas of Indian Country
As stated in the proposed action, following the U.S. Supreme Court
decision in McGirt v Oklahoma, 140 S.Ct. 2452 (2020), the Governor of
the State of Oklahoma requested approval under Section 10211(a) of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act of
2005: A Legacy for Users, Public Law 109-59, 119 Stat. 1144, 1937
(August 10, 2005) (``SAFETEA''), to administer in certain areas of
Indian country (as defined at 18 U.S.C. 1151) the State's environmental
regulatory programs that were previously approved by the EPA outside of
Indian country.\1\ 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 is necessary for the State to
administer a program in light of Oklahoma Dept. of Environmental
Quality v. EPA, 740 F.3d 185 (D.C. Cir. 2014).\2\
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\1\ A copy of the Governor's July 22, 2020, request can be found
in the docket for this rulemaking on the https://www.regulations.gov
website. See Document ID No. EPA-R06-OAR-2021-0621-0006.
\2\ In ODEQ v. EPA, the D.C. Circuit held that under the CAA, a
state has the authority to implement a SIP in non-reservation areas
of Indian country in the state, where there has been no
demonstration of tribal jurisdiction. Under the D.C. Circuit's
decision, the CAA does not provide authority to states to implement
SIPs in Indian reservations. ODEQ did not, however, substantively
address the separate authority in Indian country provided
specifically to Oklahoma under SAFETEA. That separate authority was
not invoked until the State submitted its request under SAFETEA, and
was not approved until EPA's decision, described in this section, on
October 1, 2020.
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On October 1, 2020, the EPA approved Oklahoma's SAFETEA request to
administer all of the State's EPA-approved environmental regulatory
programs, including the Oklahoma SIP, in the requested areas of Indian
country.\3\ As requested by Oklahoma, the EPA's approval under SAFETEA
does not include Indian country lands, including rights-of-way running
through the same, that: (1) qualify as Indian allotments, the Indian
titles to which have not been extinguished, under 18 U.S.C. 1151(c);
(2) are held in trust by the United States on behalf of an individual
Indian or Tribe; or (3) are owned in fee by a Tribe, if the Tribe (a)
acquired that fee title to such land, or an area that included such
land, in accordance with a treaty with the United States to which such
Tribe was a party, and (b) never allotted the land to a member or
citizen of the Tribe (collectively ``excluded Indian country lands'').
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\3\ A copy of EPA's October 1, 2020, approval can be found in
the docket for this rulemaking on the https://www.regulations.gov
website. See Document ID No. EPA-R06-OAR-2021-0621-0007.
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The EPA's approval under SAFETEA expressly provided that to the
extent the EPA's prior approvals of Oklahoma's environmental programs
excluded Indian country, any such exclusions are superseded for the
geographic areas of Indian country covered by the EPA's approval of
Oklahoma's SAFETEA request.\4\ The approval also provided that future
revisions or amendments to Oklahoma's approved environmental regulatory
programs would extend to the covered areas of Indian country (without
any further need for additional requests under SAFETEA).\5\
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\4\ The EPA's prior approvals relating to Oklahoma's SIP
frequently noted that the SIP was not approved to apply in areas of
Indian country (consistent with the D.C. Circuit's decision in ODEQ
v. EPA) located in the state. See, e.g., 85 FR 20178, 20180 (April
10, 2020). Such prior expressed limitations are superseded by the
EPA's approval of Oklahoma's SAFETEA request.
\5\ On December 22, 2021, the EPA proposed to withdraw and
reconsider the October 1, 2020, SAFETEA approval. See https://www.epa.gov/ok/proposed-withdrawal-and-reconsideration-and-supporting-information. The EPA expects to have further discussions
with tribal governments and the State of Oklahoma as part of this
reconsideration. The EPA also notes that the October 1, 2020,
approval is the subject of a pending challenge in Federal court.
Pawnee Nation of Oklahoma v Regan, No. 20-9635 (10th Cir.). The EPA
may make further changes to the approval of Oklahoma's program to
reflect the outcome of the proposed withdrawal and reconsideration
of the October 1, 2020, SAFETEA approval.
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As explained above, the EPA is approving revisions to the general
definitions used in the Oklahoma SIP as well as updates to the
incorporation by reference provisions to maintain consistency with
Federal requirements, which will apply statewide in Oklahoma.
Consistent with the D.C. Circuit's decision in ODEQ v. EPA and with the
EPA's October 1, 2020, SAFETEA approval, these SIP revisions will apply
to all Indian country within the State of Oklahoma, other than the
excluded Indian country lands. Because--per the State's request under
SAFETEA--the EPA's October 1, 2020 approval does not displace any SIP
authority previously exercised by the State under the CAA as
interpreted in ODEQ v. EPA, the SIP will also apply to any Indian
allotments or dependent Indian communities located outside of an Indian
reservation over which there has been no demonstration of tribal
authority.
III. Final Action
We are approving, under section 110 of the CAA, revisions to the
Oklahoma SIP that update the definitions relied on throughout the SIP
and update the incorporation by reference dates for Federal
requirements. We have determined that the revisions submitted on May
15, 2020, and February 9, 2021, were developed in accordance with the
CAA and the EPA's regulations, policy and guidance for SIP development.
[[Page 50265]]
The EPA is approving the following revisions to the Oklahoma SIP
adopted on May 28, 2019, effective September 15, 2019, and submitted to
the EPA on May 15, 2020:
Revisions to OAC 252:100-2-3, Incorporation by Reference;
Repeal of OAC 252:100, Appendix Q; and
Adoption of new OAC 252:100, Appendix Q.
The EPA is approving the following revisions to the Oklahoma SIP
adopted on June 25, 2020, effective September 15, 2020, and submitted
to the EPA on February 9, 2021:
Revisions to OAC 252:100-1-3, Definitions;
Revisions to OAC 252:100-2-3, Incorporation by Reference;
Repeal of OAC 252:100, Appendix Q; and
Adoption of new OAC 252:100, Appendix Q.
IV. Environmental Justice Considerations
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.'' \6\ The EPA is
providing additional analysis of environmental justice associated with
this action for the purpose of providing information to the public and
not as a basis of our final action.
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\6\ https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
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The EPA conducted an EJScreen analysis for census block groups
within the State of Oklahoma. The complete report is available in the
docket for this action. We reviewed census block group data for the
entire state to identify counties that contained census block groups
over the 80th percentile for any EJ Index. From this statewide
analysis, we identified 11 counties within the state that have census
block groups with EJScreen Indexes over the 80th percentile that were
targeted for further review using EJScreen 2.0. Of the 11 identified
counties, 1 county has census block groups that exceed the 80th
percentile in the state for the EJ Index for particulate patter
PM2.5, 2 counties have census block groups that exceed the
80th percentile in the state for the EJ Index for ozone, 1 county has
census block groups that exceed the 80th percentile in the state for
the EJ Index for 2017 Diesel Particulate Matter, 1 county has census
block groups that exceed the 80th percentile in the state for the EJ
Index for 2017 air toxics cancer risk, 1 county has census block groups
that exceed the 80th percentile in the state for the EJ Index for 2017
air toxics respiratory HI, 5 counties have census block groups that
exceed the 80th percentile in the state for the EJ Index for traffic
proximity, 4 counties have census block groups that exceed the 80th
percentile in the state for the EJ Index for lead paint, 5 counties
have census block groups that exceed the 80th percentile in the state
for the EJ Index for RMP facility proximity, 6 counties have census
block groups that exceed the 80th percentile in the state for the EJ
Index for hazardous waste proximity, 7 counties have census block
groups that exceed the 80th percentile in the state for the EJ Index
for underground storage tanks, and 4 counties contain census block
groups that exceed the 80th percentile in the state for the EJ Index
for wastewater discharge.
The EPA also reviewed demographic data, which provides an
assessment of individual demographic groups of the populations living
within Oklahoma.\7\ The EPA then compared the data to the national
average for each of the demographic groups. The results of the
demographic analysis indicate that, for populations within Oklahoma,
the percent people of color (persons who reported their race as a
category other than White alone (not Hispanic or Latino)) is less than
the national average (35 percent versus 40 percent). Within people of
color, the percent of the population that is Black or African American
alone is lower than the national average (7.8 percent versus 13.4
percent) and the percent of the population that is American Indian/
Alaska Native is significantly higher than the national average (9.4
percent versus 1.3 percent). The percent of the population that is Two
or More races is higher than the national averages (6.3 percent versus
2.8 percent). The percent of people living below the poverty level in
Oklahoma is higher than the national average (14.3 percent versus 11.4
percent). The percent of people over 25 with a high school diploma in
Oklahoma is similar to the national average (88.6 percent versus 88.5
percent), while the percent with a Bachelor's degree or higher is below
the national average (26.1 percent versus 32.9 percent). These
populations and others residing in Oklahoma may be vulnerable and
subject to disproportionate impacts within the meaning of the Executive
orders described above.
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\7\ See the United States Census Bureau's QuickFacts on Oklahoma
at https://www.census.gov/quickfacts/fact/table/OK,US/PST045221.
_____________________________________-
This final rule approves revisions to the general definitions
germane to the Oklahoma SIP and updates to the incorporation by
reference provisions to maintain consistency with Federal requirements.
Final approval of these revisions to the implementing definitions of
the Oklahoma SIP and incorporation of current Federal requirements will
continue to enable the State of Oklahoma to implement control
strategies and permitting programs that will achieve emissions
reductions and contribute to reduced environmental and health impacts
on those residing, working, attending school, or otherwise present in
vulnerable communities in Oklahoma. This final rule is not anticipated
to have disproportionately high or adverse human health or
environmental effects on communities with environmental justice
concerns because it should not result in or contribute to emissions
increases in Oklahoma.
V. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference the
revisions to the Oklahoma regulations as described in the Final Action
section above. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by the EPA for inclusion in the SIP, have
been incorporated by reference by the EPA into that plan, are
[[Page 50266]]
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of the EPA's approval, and
will be incorporated in the next update to the SIP compilation.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
This action to approve revisions to the Oklahoma SIP that update
the definitions relied on throughout the SIP and update the
incorporation by reference dates for Federal requirements will apply to
certain areas of Indian country as discussed in the preamble, and
therefore has tribal implications as specified in E.O. 13175 (65 FR
67429, November 9, 2000). However, this action will neither impose
substantial direct compliance costs on federally recognized tribal
governments, nor preempt tribal law. This action will not impose
substantial direct compliance costs on federally recognized tribal
governments because no actions will be required of tribal governments.
This action will also not preempt tribal law as no Oklahoma tribe
implements a regulatory program under the CAA, and thus does not have
applicable or related tribal laws. Consistent with the EPA Policy on
Consultation and Coordination with Indian Tribes (May 4, 2011), the EPA
offered consultation (by letter dated October 15, 2021) on our proposed
rulemaking to tribal governments that may be affected by this action.
We received no requests for tribal consultation.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 17, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 5, 2022.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart LL--Oklahoma
0
2. In Sec. 52.1920, in paragraph (c), the table titled ``EPA Approved
Oklahoma Regulations'' is amended by revising the entries for
``252:100-1-3'', ``252:100-2-3'', and ``252:100, Appendix Q'' to read
as follows:
Sec. 52.1920 Identification of plan.
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(c) * * *
EPA Approved Oklahoma Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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CHAPTER 100 (OAC 252:100). AIR POLLUTION CONTROL
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Subchapter 1. General Provisions
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[[Page 50267]]
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252:100-1-3................... Definitions......... 9/15/2020 8/16/2022, [Insert
Federal Register
citation].
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Subchapter 2. Incorporation by Reference
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* * * * * * *
252:100-2-3................... Incorporation by 9/15/2020 8/16/2022, [Insert
reference. Federal Register
citation].
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Appendices for OAC 252: Chapter 100
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252:100, Appendix Q........... Incorporation by 9/15/2020 8/16/2022, [Insert SIP only includes
reference. Federal Register specified portions
citation]. of 40 CFR parts 50,
51, and 98, as
referenced in
252:100, Appendix
Q.
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[FR Doc. 2022-17241 Filed 8-15-22; 8:45 am]
BILLING CODE 6560-50-P
