Air Plan Approval; Oklahoma; Revisions to Air Pollution Control Rules, 7384-7388 [2023-02293]
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Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Proposed Rules
TABLE 1—ANNUAL FOURTH-HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGE OF THE
FOURTH-HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE DETROIT AREA—Continued
County
2020
4th high
(ppm)
Monitor
26–163–0019
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The Detroit area’s 3-year ozone design
value for 2020–2022 is 0.070 ppm,5
which meets the 2015 ozone NAAQS.
Therefore, in this action, EPA proposes
to find that the Detroit area is attaining
the 2015 ozone NAAQS.
EPA will not take final action to
determine that the Detroit area is
attaining the NAAQS if the design value
of a monitoring site in the area violates
the NAAQS prior to final approval of
the clean data determination.
Should this action be finalized, the
requirements for EGLE to submit
attainment demonstrations and
associated RACM, RFP plans,
contingency measures for failure to
attain or make reasonable progress, and
other planning SIPs related to
attainment of the 2015 ozone NAAQS
for the proposed Detroit area, would be
suspended for as long as the area
continues to attain the 2015 ozone
NAAQS. 40 CFR 51.1318. This action
does not constitute a redesignation of
the area to attainment of the 2015 ozone
NAAQS under section 107(d)(3)(E) of
the CAA, nor does it constitute approval
of a maintenance plan for the area as
required under section 175A of the
CAA, nor does it find that the area has
met all other requirements for
redesignation. The Detroit area will
remain designated nonattainment for
the 2015 ozone NAAQS until such time
as EPA determines that the area meets
CAA requirements for redesignation to
attainment and takes a separate action to
redesignate the area.
IV. What action is EPA taking?
EPA is proposing to approve a
determination under the CAA that the
Detroit area has attained the 2015 ozone
NAAQS. This determination is based
upon complete, quality-assured, and
certified ambient air monitoring data for
the 2020–2022 design period showing
that the area achieved attainment of the
2015 ozone NAAQS. EPA is also
proposing to take final agency action on
an exceptional events request submitted
by EGLE on January 26, 2023, and
concurred on by EPA on January 30,
2023. As a result of these
determinations, EPA is proposing to
5 The monitor ozone design value for the monitor
with the highest 3-year averaged concentration.
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0.073
suspend the requirements for the area to
submit attainment demonstrations and
associated RACM, RFP plans,
contingency measures for failure to
attain or make reasonable progress, and
other planning SIPs related to
attainment of the 2015 ozone NAAQS,
for as long as the area continues to
attain the 2015 ozone NAAQS.
V. Statutory and Executive Order
Reviews
This action proposes to make a clean
data determination for the Detroit area
for the 2015 ozone NAAQS based on air
quality data which would result in the
suspension of certain Federal
requirements and does not impose any
additional requirements. 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
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2021
4th high
(ppm)
2022
4th high
(ppm)
0.069
2020–2022
average
(ppm)
0.067
0.069
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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: January 30, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023–02284 Filed 2–2–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2021–0214; FRL–9407–01–
R6]
Air Plan Approval; Oklahoma;
Revisions to Air Pollution Control
Rules
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve revisions to the
State Implementation Plan (SIP) for
Oklahoma submitted by the State of
Oklahoma on February 9, 2021. The
submitted revisions address Open
Burning, Control of Emission of Volatile
Organic Compounds (VOC), and
Specialty Coatings VOC Content Limits.
DATES: Written comments must be
received on or before March 6, 2023.
SUMMARY:
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Submit your comments,
identified by Docket No. EPA–R6–OAR–
2021–0214, at https://
www.regulations.gov or via email to
shahin.emad@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Mr. Emad Shahin, 214–665–
6717, shahin.emad@epa.gov. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov. While all
documents in the docket are listed in
the index, some information may not be
publicly available due to docket file size
restrictions or content (e.g., CBI).
ADDRESSES:
For
information on the revisions addressing
emissions of VOC, please contact Mr.
Emad Shahin, EPA Region 6 Office,
Infrastructure and Ozone Section, 214–
665–6717, shahin.emad@epa.gov. For
information on the revisions addressing
open burning, please contact Ms. Carrie
Paige, Region 6 Office, Infrastructure
and Ozone Section, 214–665–6521,
paige.carrie@epa.gov. Out of an
abundance of caution for members of
the public and staff, the EPA Region 6
office may be closed to the public to
reduce the risk of transmitting COVID–
19. The EPA encourages the public to
submit comments via https://
www.regulations.gov. Please call or
email the contact listed above if you
need alternative access to material
indexed but not provided in the docket.
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FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ means the EPA.
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I. Background
II. The EPA’s Evaluation
Section 110 of the Act requires states
to develop air pollution regulations and
control strategies to ensure that air
quality meets the EPA’s National
Ambient Air Quality Standards
(NAAQS). These ambient standards are
established under CAA section 109 and
currently address six criteria pollutants:
carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter (PM),
and sulfur dioxide. A state’s air
regulations are contained in its SIP,
which is basically a clean air plan. Each
state is responsible for developing SIPs
to demonstrate how the NAAQS will be
achieved, maintained, and enforced.
The SIP must be submitted to EPA for
approval and any changes a state makes
to the approved SIP also must be
submitted to the EPA for approval.
The Secretary of Energy and
Environment for the State of Oklahoma
(‘‘the State’’) submitted revisions of the
Oklahoma SIP to the EPA on February
9, 2021, which was supplemented on
April 30, 2021.1 The revisions address
Subchapters 1, 2, 13, 37, and 39, and
Appendices N and Q in the Oklahoma
Administrative Code (OAC) Title 252,
Chapter 100. In this action, we are
proposing to approve the revisions to
OAC Title 252 Chapter 100 Subchapters
13 (Open Burning), 37 (Control of
Emission of Volatile Organic
Compounds (VOCs), 39 (Emission of
Volatile Organic Compounds (VOCs) in
Nonattainment Areas and Former
Nonattainment Areas), and Appendix N
(Specialty Coatings VOC Content
Limits). We approved the revisions to
Subchapters 1, 2, and Appendix Q in a
separate rulemaking action.2
The criteria used to evaluate these SIP
revisions are found primarily in section
110 of the Act. Section 110(l) requires
that a SIP revision submitted to the EPA
be adopted after reasonable notice and
public hearing and precludes the EPA
from approving a SIP revision if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress or any other applicable
requirement of the Act.
The submitted revisions were
promulgated in compliance with the
Oklahoma Administrative Procedures
Act and published in the Oklahoma
Register, the official state publication for
rulemaking actions. These revisions are
posted in the docket for this action.
A. Subchapter 13 (Open Burning)
Subchapter 13 (denoted OAC
252:100–13) imposes requirements for
controlling open burning of refuse, and
other combustible materials. A detailed
description of the submitted revisions
and our evaluation is provided in the
Technical Support Document (TSD),
posted in the docket for this action. A
summary of the submitted revisions
follows.
1. Revisions to OAC 252:100–13–2
(Definitions) add ‘‘Clean wood waste’’ to
the entry for ‘‘Wood waste’’. The
revisions also replace the terms ‘‘Ozone
Watch’’ and ‘‘Particulate Matter Watch’’
with ‘‘Ozone Alert’’ and ‘‘Particulate
Matter Alert’’ to be consistent with
terms used by cities in Oklahoma.
2. Revisions to OAC 252:100–13–5
(Open burning prohibited) add a
reference to new section 252:100–13–8.1
(Transported material) and moves one
sentence addressing transported
material to new section 252:100–13–8.1.
3. Revisions to OAC 252:100–13–7
(Allowed open burning) add
requirements to remove materials
containing asbestos, asphalt, and lead in
structures used for fire training. The
revisions also require that fires set for
land clearing operations use an air
curtain incinerator (ACI) in areas that
are or have been designated as
nonattainment or in a metropolitan
statistical area (MSA) with a population
greater than 900,000 people. The
revisions also add ‘‘Certain medical
marijuana plant refuse’’ that are
consistent with the Oklahoma Statutes
at Section 428 (Title 63). These
revisions strengthen the current SIP
rules and are consistent with Federal
regulations at 40 CFR 60 for ACI, and at
40 CFR 61.145, which addresses the
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
asbestos-containing materials.
4. Revisions to 252:100–13–8 (Use of
air curtain incinerators) strengthen the
current SIP by requiring the use of an
ACI in areas that are or have been
designated as nonattainment, or in a
MSA with a population greater than
900,000 people; and limiting the
materials that can be accepted for
burning in such ACIs.
5. Revisions to 252:100–13–8.1
(Transported material)—this entire
section is new to the SIP and
strengthens the SIP by identifying what,
where, and how materials are allowed to
be transported for open burning.
6. Revisions to 252:100–13–9 (General
conditions and requirements allowed
for open burning) replace ‘‘An Ozone or
PM Watch’’ with ‘‘An Ozone or PM
1 The cover letters for these submittals were dated
February 2, 2021, and April 29, 2021, and are in the
docket for this rulemaking action.
2 See 87 FR 50263 (August 16, 2022).
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Alert’’ and strengthen the SIP by
requiring ‘‘at least 500 feet from any
occupied structure. . . .’’ for open
burning of waste generated from
commercial operations.
The submitted revisions to 252:100–
13 add clarity, consistency, and
stringency to the open burning rules.
The revisions do not relax the current
SIP rules and are consistent with
Federal regulations at 40 CFR 60 and 40
CFR 61. Therefore, and consistent with
CAA section 110(l), we do not expect
these revisions to interfere with any
applicable requirement concerning
attainment and reasonable further
progress or any other applicable
requirement of the Act. We are
proposing to approve these revisions.
B. Subchapters 37 and 39
In an earlier submitted SIP revision,
the State revised the name of
Subchapter 37 from ‘‘Control of
Emission of Organic Materials’’ to
‘‘Control of Emission of Volatile Organic
Compounds (VOC)’’ and revised the
name of Subchapter 39 from ‘‘Emission
of Organic Materials in Nonattainment
Areas’’ to ‘‘Emission of Volatile Organic
Compounds (VOCs) in Nonattainment
Areas and Former Nonattainment
Areas.’’ However, we inadvertently left
these changes out of the amendatory
table in our direct final action at 73 FR
79400 (December 29, 2008). These name
changes will be made in the amendatory
table in the final action.
In this action, we are also proposing
to approve revisions to OAC 252:100,
Subchapters 37 and 39 (OAC 252:100–
37 and 252:100–39) and Appendix N.
The submitted revisions are available in
the docket for this action. The State’s
February 9, 2021, submittal is amending
the following sections:
1. 252:100–37–27 to add a new
section 27, Control of emission of VOCs
from aerospace industries coatings
operations, for new and existing
aerospace vehicle and component
coating operations at aerospace
manufacturing, rework and/or repair
facilities statewide.
2. 252:100–39–47 to update the
language of section 47 to include
changes to the 40 CFR part 63, subpart
GG, Aerospace NESHAP, clarify
regulatory language and make minor
clerical corrections.
3. 252:100–39 is amended by revoking
section 49, Manufacturing of reinforced
plastic products.
4. 252:100–39, a new Appendix N,
Specialty Coatings VOC Content Limits,
is added to the SIP to provide
restrictions on the VOC content of
coatings used in the aerospace industry.
Appendix N list of coatings and VOC
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content matches Table 1 of the National
Emission Standards for Hazardous Air
Pollutants (NESHAP) 40 CFR 63 Subpart
GG and specifies its intended use for
compliance with sections 252:100–37–
27 and 252:100–39–47.
More complete information on the
proposed changes, including minor
typographical and citation changes is
available in the TSD prepared in
conjunction with this rulemaking
action. Below is a summary of the
revision-by-revision discussion:
OAC 252:100–37–27 is amended to
add a new section controlling emissions
of VOCs from aerospace industries
coatings operations statewide. The
section applies to new and existing
aerospace vehicle and component
coating operations at aerospace
manufacturing, rework and/or repair
facilities. Examining the new section
indicates that the submitted revision not
only would reference certain limits
specified in the aerospace NESHAP, 40
CFR 63 Subpart GG, but will also
strengthen the SIP by requiring control
of VOC emissions from aerospace
industry throughout the State of
Oklahoma. Therefore, we are proposing
to approve the submitted revisions to
Subchapter 37, Section 27.
OAC 252:100–39–47 is amended to
update the language of section 47 to
incorporate changes to the 40 CFR part
63, Subpart GG, Aerospace NESHAP,
clarify regulatory language and make
minor clerical corrections. Examination
of the revisions indicates that the
submitted revision to Subchapter 39–47
is proper and provides additional
clarity. Thus, we find that the
requirements of section 110(l) of the Act
are satisfied. Therefore, we are
proposing to approve the submitted
revision to Subchapter 39, Section 47.
OAC 252:100–39 is amended by
revoking section 49, manufacturing of
fiberglass reinforced plastic products.
Section 49 was implemented in 1989 to
provide VOC reductions in Tulsa
County, and since EPA finalized the
NESHAP for new and existing
reinforced plastic composites
production facilities, codified at 40 CFR
63 Subpart WWWW (Subpart WWWW)
in 2003, the duality of applying section
49 and Subpart WWWW to the same
source is no longer practical. The
provisions of Subpart WWWW are
incorporated by reference into the
state’s rules under OAC 252:100–2–3.
Subpart WWWW provides equal or
greater VOC reductions to section 49
and is applicable to sites statewide.
OAC 252:100–39, A new Appendix N,
Specialty Coatings VOC Content Limits,
lists the VOC content limits allowed for
use in the State at affected facilities.
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These limits are needed to provide for
effective compliance with sections OAC
252:100–37–27 and OAC 252:100–39–
47. We find that the new Appendix N
restricts VOC content by matching the
VOC limits specified in Table 1Specialty Coatings-HAP and VOC
Content Limits, as set forth in the
aerospace NESHAP 40 CFR part 63,
subpart GG. Because the addition of
Appendix N adds new requirements, we
would not expect an increase in
emissions and therefore no interference
with any applicable requirement
concerning attainment and reasonable
further progress (as defined in the CAA
section 171), or any other applicable
requirement of the CAA.
III. Impact on Areas of Indian Country
Following the U.S. Supreme Court
decision in McGirt v. Oklahoma, 140 S.
Ct. 2452 (2020), the Governor of the
State of Oklahoma requested approval
under Section 10211(a) of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act of 2005: A
Legacy for Users, Public Law 109–59,
109 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 for
areas outside of Indian country. The
State’s request excluded certain areas of
Indian country further described below.
In addition, the State only sought
approval to the extent that such
approval 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).3
On October 1, 2020, the EPA
approved Oklahoma’s SAFETEA request
to administer all the State’s EPAapproved environmental regulatory
programs, including the Oklahoma SIP,
in the requested areas of Indian country.
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
3 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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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’’).
EPA’s approval under SAFETEA
expressly provided that to the extent
EPA’s prior approvals of Oklahoma’s
environmental programs excluded
Indian country, any such exclusions are
superseded for the geographic areas of
Indian country covered by the EPA’s
approval of Oklahoma’s SAFETEA
request.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).
As explained earlier in this action, the
EPA is proposing to approve revisions
to the Oklahoma SIP that will apply
state-wide and therefore have tribal
implications as specified in Executive
Order (E.O.) 13175. Consistent with the
D.C. Circuit’s decision in ODEQ v. EPA
and with EPA’s October 1, 2020,
SAFETEA approval, if this approval is
finalized as proposed, these SIP
revisions will apply to all Indian
country within Oklahoma, other than
the excluded Indian country lands, as
described earlier. Because—per the
State’s request under SAFETEA—EPA’s
October 1, 2020, 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.5
4 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 In accordance with Executive Order 13990, EPA
is currently reviewing our October 1, 2020,
SAFETEA approval and is engaging in further
consultation with tribal governments and
discussions with the state of Oklahoma as part of
this review. EPA also notes that the October 1,
2020, approval is the subject of a pending challenge
in federal court. (Pawnee v. Regan, No. 20–9635
(10th Cir.)). Pending completion of EPA’s review,
EPA is proceeding with this proposed action in
accordance with the October 1, 2020, approval.
EPA’s final action on the approved revisions to the
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IV. Environmental Justice
Considerations
V. Proposed Action
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 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 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.7 The EPA found, based on
the EJScreen analyses, that this
proposed action will not have
disproportionately high or adverse
human health or environmental effects
on communities with EJ concerns. The
revisions strengthen the SIP by reducing
air quality impacts from specific
operations statewide and thus, benefit
the public. For example, as described
earlier in this action, the removal of
specific materials from structures used
for fire training and the use of the ACI
are controls that improve air quality.
The submitted revisions do not relax
provisions in the approved SIP and are
consistent with Federal rules, including,
but not limited to 40 CFR 60, 40 CFR
61, and 40 CFR 63.
Oklahoma SIP that include revisions to OAC Title
252 Chapter 100 Subchapters 13, 37, and 39 and
Appendix N will address the scope of the state’s
program with respect to Indian country, and may
make any appropriate adjustments, based on the
status of our review at that time. If EPA’s final
action on Oklahoma’s SIP is taken before our review
of the SAFETEA approval is complete, EPA may
make further changes to the approval of Oklahoma’s
program to reflect the outcome of the SAFETEA
review.
6 See https://www.epa.gov/environmentaljustice/
learn-about-environmental-justice.
7 Our analysis is provided in the docket for this
rulemaking action.
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We are proposing to approve revisions
to the Oklahoma SIP, submitted to us on
February 9, 2021. Specifically, we are
proposing to approve revisions to OAC
252:100, Subchapters 13, 37, and 39,
and Appendix N. We are proposing to
approve these revisions in accordance
with section 110 of the Act.
VI. Incorporation by Reference
In this action, we are proposing to
include in a final rule regulatory text
that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, we are
proposing to incorporate by reference
revisions to the Oklahoma SIP
regulations, as described in Section II of
this proposed action. We have made,
and will continue to make, these
documents generally available
electronically through
www.regulations.gov (please contact the
persons identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VII. 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 proposes to approve 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);
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7388
Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Proposed Rules
• 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 proposal to approve revisions to
the Oklahoma SIP will apply, if
finalized as proposed, to certain areas of
Indian country throughout Oklahoma as
discussed in the preamble, and therefore
has tribal implications as specified in
E.O. 13175 (65 FR 67249, November 9,
2000). However, this action will neither
impose substantial direct compliance
costs on federally recognized tribal
governments, nor preempt tribal law.
This action will not impose substantial
direct compliance costs on federally
recognized tribal governments because
no actions will be required of tribal
governments. This action will also not
preempt tribal law as no Oklahoma tribe
implements a regulatory program under
the CAA, and thus does not have
applicable or related tribal laws.
Consistent with the EPA Policy on
Consultation and Coordination with
Indian Tribes (May 4, 2011), the EPA
has offered consultation to tribal
governments that may be affected by
this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
lotter on DSK11XQN23PROD with PROPOSALS1
Authority: 42 U.S.C. 7401 et seq.
Dated: January 30, 2023.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2023–02293 Filed 2–2–23; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
17:17 Feb 02, 2023
Jkt 259001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 230130–0032]
RIN 0648–BL89
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Resources of the Gulf of Mexico;
Temporary Measures To Reduce
Overfishing of Gag
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed temporary rule;
request for comments.
AGENCY:
This proposed temporary rule
would implement interim measures to
reduce overfishing of gag in Federal
waters of the Gulf of Mexico (Gulf). This
temporary rule would reduce the 2023
commercial and recreational sector
harvest levels for gag and would change
the 2023 recreational fishing season for
gag in Federal waters of the Gulf. This
proposed temporary rule would be
effective for 180 days, but NMFS may
extend the interim measures for a
maximum of an additional 186 days.
The purpose of this proposed temporary
rule is to reduce overfishing of gag
while the long-term management
measures are developed.
DATES: Written comments must be
received by February 21, 2023.
ADDRESSES: You may submit comments
on the proposed temporary rule
identified by ‘‘NOAA–NMFS–2022–
0136’’ by either of the following
methods:
• Electronic submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov and enter ‘‘NOAA–
NMFS–2022–0136’’ in the Search box.
Click the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
• Mail: Submit all written comments
to Dan Luers, NMFS Southeast Regional
Office, 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information, e.g., name and address,
SUMMARY:
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments—enter
‘‘N/A’’ in required fields if you wish to
remain anonymous.
Electronic copies of the
environmental assessment (EA)
supporting these proposed interim
measures may be obtained from the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
interim-action-reduce-overfishing-gaggulf-mexico. The EA includes a
regulatory impact review and a
Regulatory Flexibility Act (RFA)
analysis.
Dan
Luers, NMFS Southeast Regional Office,
telephone: 727–824–5305, or email:
daniel.luers@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery in the Gulf is managed
under the Fishery Management Plan for
the Reef Fish Resources of the Gulf of
Mexico (FMP) and includes gag and 30
other managed reef fish species. The
FMP was prepared by the Gulf of
Mexico Fishery Management Council
(Council) and is implemented by NMFS
through regulations at 50 CFR part 622
under authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
FOR FURTHER INFORMATION CONTACT:
Background
The Magnuson-Stevens Act requires
that NMFS and regional fishery
management councils prevent
overfishing and achieve, on a
continuing basis, the optimum yield
from federally managed fish stocks.
These mandates are intended to ensure
that fishery resources are managed for
the greatest overall benefit to the Nation,
particularly with respect to providing
food production and recreational
opportunities, and protecting marine
ecosystems.
All weights described in this
proposed temporary rule are in gutted
weight.
Gulf gag is harvested by the
commercial and recreational sectors,
with 39 percent of the total annual catch
limit (ACL) allocated to the commercial
sector and 61 percent allocated to the
recreational sector. Commercial harvest
of gag is managed under the individual
fishing quota program for groupers and
tilefishes (GT–IFQ program). NMFS
constrains commercial landings of gag
to the commercial quota, which is the
harvest level reduced from the
commercial ACL. Recreational harvest
of gag is currently allowed from June 1
E:\FR\FM\03FEP1.SGM
03FEP1
]]>Agencies
[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Proposed Rules]
[Pages 7384-7388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02293]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2021-0214; FRL-9407-01-R6]
Air Plan Approval; Oklahoma; Revisions to Air Pollution Control
Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve revisions
to the State Implementation Plan (SIP) for Oklahoma submitted by the
State of Oklahoma on February 9, 2021. The submitted revisions address
Open Burning, Control of Emission of Volatile Organic Compounds (VOC),
and Specialty Coatings VOC Content Limits.
DATES: Written comments must be received on or before March 6, 2023.
[[Page 7385]]
ADDRESSES: Submit your comments, identified by Docket No. EPA-R6-OAR-
2021-0214, at https://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact Mr. Emad Shahin, 214-665-
6717, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: For information on the revisions
addressing emissions of VOC, please contact Mr. Emad Shahin, EPA Region
6 Office, Infrastructure and Ozone Section, 214-665-6717,
[email protected]. For information on the revisions addressing open
burning, please contact Ms. Carrie Paige, Region 6 Office,
Infrastructure and Ozone Section, 214-665-6521, [email protected].
Out of an abundance of caution for members of the public and staff, the
EPA Region 6 office may be closed to the public to reduce the risk of
transmitting COVID-19. The EPA encourages the public to submit comments
via https://www.regulations.gov. 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,'' or
``our'' means the EPA.
I. Background
Section 110 of the Act requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
EPA's National Ambient Air Quality Standards (NAAQS). These ambient
standards are established under CAA section 109 and currently address
six criteria pollutants: carbon monoxide, nitrogen dioxide, ozone,
lead, particulate matter (PM), and sulfur dioxide. A state's air
regulations are contained in its SIP, which is basically a clean air
plan. Each state is responsible for developing SIPs to demonstrate how
the NAAQS will be achieved, maintained, and enforced. The SIP must be
submitted to EPA for approval and any changes a state makes to the
approved SIP also must be submitted to the EPA for approval.
The Secretary of Energy and Environment for the State of Oklahoma
(``the State'') submitted revisions of the Oklahoma SIP to the EPA on
February 9, 2021, which was supplemented on April 30, 2021.\1\ The
revisions address Subchapters 1, 2, 13, 37, and 39, and Appendices N
and Q in the Oklahoma Administrative Code (OAC) Title 252, Chapter 100.
In this action, we are proposing to approve the revisions to OAC Title
252 Chapter 100 Subchapters 13 (Open Burning), 37 (Control of Emission
of Volatile Organic Compounds (VOCs), 39 (Emission of Volatile Organic
Compounds (VOCs) in Nonattainment Areas and Former Nonattainment
Areas), and Appendix N (Specialty Coatings VOC Content Limits). We
approved the revisions to Subchapters 1, 2, and Appendix Q in a
separate rulemaking action.\2\
---------------------------------------------------------------------------
\1\ The cover letters for these submittals were dated February
2, 2021, and April 29, 2021, and are in the docket for this
rulemaking action.
\2\ See 87 FR 50263 (August 16, 2022).
---------------------------------------------------------------------------
The criteria used to evaluate these SIP revisions are found
primarily in section 110 of the Act. Section 110(l) requires that a SIP
revision submitted to the EPA be adopted after reasonable notice and
public hearing and precludes the EPA from approving a SIP revision if
the revision would interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the Act.
The submitted revisions were promulgated in compliance with the
Oklahoma Administrative Procedures Act and published in the Oklahoma
Register, the official state publication for rulemaking actions. These
revisions are posted in the docket for this action.
II. The EPA's Evaluation
A. Subchapter 13 (Open Burning)
Subchapter 13 (denoted OAC 252:100-13) imposes requirements for
controlling open burning of refuse, and other combustible materials. A
detailed description of the submitted revisions and our evaluation is
provided in the Technical Support Document (TSD), posted in the docket
for this action. A summary of the submitted revisions follows.
1. Revisions to OAC 252:100-13-2 (Definitions) add ``Clean wood
waste'' to the entry for ``Wood waste''. The revisions also replace the
terms ``Ozone Watch'' and ``Particulate Matter Watch'' with ``Ozone
Alert'' and ``Particulate Matter Alert'' to be consistent with terms
used by cities in Oklahoma.
2. Revisions to OAC 252:100-13-5 (Open burning prohibited) add a
reference to new section 252:100-13-8.1 (Transported material) and
moves one sentence addressing transported material to new section
252:100-13-8.1.
3. Revisions to OAC 252:100-13-7 (Allowed open burning) add
requirements to remove materials containing asbestos, asphalt, and lead
in structures used for fire training. The revisions also require that
fires set for land clearing operations use an air curtain incinerator
(ACI) in areas that are or have been designated as nonattainment or in
a metropolitan statistical area (MSA) with a population greater than
900,000 people. The revisions also add ``Certain medical marijuana
plant refuse'' that are consistent with the Oklahoma Statutes at
Section 428 (Title 63). These revisions strengthen the current SIP
rules and are consistent with Federal regulations at 40 CFR 60 for ACI,
and at 40 CFR 61.145, which addresses the National Emission Standards
for Hazardous Air Pollutants (NESHAP) for asbestos-containing
materials.
4. Revisions to 252:100-13-8 (Use of air curtain incinerators)
strengthen the current SIP by requiring the use of an ACI in areas that
are or have been designated as nonattainment, or in a MSA with a
population greater than 900,000 people; and limiting the materials that
can be accepted for burning in such ACIs.
5. Revisions to 252:100-13-8.1 (Transported material)--this entire
section is new to the SIP and strengthens the SIP by identifying what,
where, and how materials are allowed to be transported for open
burning.
6. Revisions to 252:100-13-9 (General conditions and requirements
allowed for open burning) replace ``An Ozone or PM Watch'' with ``An
Ozone or PM
[[Page 7386]]
Alert'' and strengthen the SIP by requiring ``at least 500 feet from
any occupied structure. . . .'' for open burning of waste generated
from commercial operations.
The submitted revisions to 252:100-13 add clarity, consistency, and
stringency to the open burning rules. The revisions do not relax the
current SIP rules and are consistent with Federal regulations at 40 CFR
60 and 40 CFR 61. Therefore, and consistent with CAA section 110(l), we
do not expect these revisions to interfere with any applicable
requirement concerning attainment and reasonable further progress or
any other applicable requirement of the Act. We are proposing to
approve these revisions.
B. Subchapters 37 and 39
In an earlier submitted SIP revision, the State revised the name of
Subchapter 37 from ``Control of Emission of Organic Materials'' to
``Control of Emission of Volatile Organic Compounds (VOC)'' and revised
the name of Subchapter 39 from ``Emission of Organic Materials in
Nonattainment Areas'' to ``Emission of Volatile Organic Compounds
(VOCs) in Nonattainment Areas and Former Nonattainment Areas.''
However, we inadvertently left these changes out of the amendatory
table in our direct final action at 73 FR 79400 (December 29, 2008).
These name changes will be made in the amendatory table in the final
action.
In this action, we are also proposing to approve revisions to OAC
252:100, Subchapters 37 and 39 (OAC 252:100-37 and 252:100-39) and
Appendix N. The submitted revisions are available in the docket for
this action. The State's February 9, 2021, submittal is amending the
following sections:
1. 252:100-37-27 to add a new section 27, Control of emission of
VOCs from aerospace industries coatings operations, for new and
existing aerospace vehicle and component coating operations at
aerospace manufacturing, rework and/or repair facilities statewide.
2. 252:100-39-47 to update the language of section 47 to include
changes to the 40 CFR part 63, subpart GG, Aerospace NESHAP, clarify
regulatory language and make minor clerical corrections.
3. 252:100-39 is amended by revoking section 49, Manufacturing of
reinforced plastic products.
4. 252:100-39, a new Appendix N, Specialty Coatings VOC Content
Limits, is added to the SIP to provide restrictions on the VOC content
of coatings used in the aerospace industry. Appendix N list of coatings
and VOC content matches Table 1 of the National Emission Standards for
Hazardous Air Pollutants (NESHAP) 40 CFR 63 Subpart GG and specifies
its intended use for compliance with sections 252:100-37-27 and
252:100-39-47.
More complete information on the proposed changes, including minor
typographical and citation changes is available in the TSD prepared in
conjunction with this rulemaking action. Below is a summary of the
revision-by-revision discussion:
OAC 252:100-37-27 is amended to add a new section controlling
emissions of VOCs from aerospace industries coatings operations
statewide. The section applies to new and existing aerospace vehicle
and component coating operations at aerospace manufacturing, rework
and/or repair facilities. Examining the new section indicates that the
submitted revision not only would reference certain limits specified in
the aerospace NESHAP, 40 CFR 63 Subpart GG, but will also strengthen
the SIP by requiring control of VOC emissions from aerospace industry
throughout the State of Oklahoma. Therefore, we are proposing to
approve the submitted revisions to Subchapter 37, Section 27.
OAC 252:100-39-47 is amended to update the language of section 47
to incorporate changes to the 40 CFR part 63, Subpart GG, Aerospace
NESHAP, clarify regulatory language and make minor clerical
corrections. Examination of the revisions indicates that the submitted
revision to Subchapter 39-47 is proper and provides additional clarity.
Thus, we find that the requirements of section 110(l) of the Act are
satisfied. Therefore, we are proposing to approve the submitted
revision to Subchapter 39, Section 47.
OAC 252:100-39 is amended by revoking section 49, manufacturing of
fiberglass reinforced plastic products. Section 49 was implemented in
1989 to provide VOC reductions in Tulsa County, and since EPA finalized
the NESHAP for new and existing reinforced plastic composites
production facilities, codified at 40 CFR 63 Subpart WWWW (Subpart
WWWW) in 2003, the duality of applying section 49 and Subpart WWWW to
the same source is no longer practical. The provisions of Subpart WWWW
are incorporated by reference into the state's rules under OAC 252:100-
2-3. Subpart WWWW provides equal or greater VOC reductions to section
49 and is applicable to sites statewide.
OAC 252:100-39, A new Appendix N, Specialty Coatings VOC Content
Limits, lists the VOC content limits allowed for use in the State at
affected facilities. These limits are needed to provide for effective
compliance with sections OAC 252:100-37-27 and OAC 252:100-39-47. We
find that the new Appendix N restricts VOC content by matching the VOC
limits specified in Table 1-Specialty Coatings-HAP and VOC Content
Limits, as set forth in the aerospace NESHAP 40 CFR part 63, subpart
GG. Because the addition of Appendix N adds new requirements, we would
not expect an increase in emissions and therefore no interference with
any applicable requirement concerning attainment and reasonable further
progress (as defined in the CAA section 171), or any other applicable
requirement of the CAA.
III. Impact on Areas of Indian Country
Following the U.S. Supreme Court decision in McGirt v. Oklahoma,
140 S. Ct. 2452 (2020), the Governor of the State of Oklahoma requested
approval under Section 10211(a) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act of 2005: A Legacy for Users, Public
Law 109-59, 109 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 for areas outside of Indian country. The
State's request excluded certain areas of Indian country further
described below. In addition, the State only sought approval to the
extent that such approval 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).\3\
---------------------------------------------------------------------------
\3\ 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.
---------------------------------------------------------------------------
On October 1, 2020, the EPA approved Oklahoma's SAFETEA request to
administer all the State's EPA-approved environmental regulatory
programs, including the Oklahoma SIP, in the requested areas of Indian
country. 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
[[Page 7387]]
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'').
EPA's approval under SAFETEA expressly provided that to the extent
EPA's prior approvals of Oklahoma's environmental programs excluded
Indian country, any such exclusions are superseded for the geographic
areas of Indian country covered by the EPA's approval of Oklahoma's
SAFETEA request.\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).
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
As explained earlier in this action, the EPA is proposing to
approve revisions to the Oklahoma SIP that will apply state-wide and
therefore have tribal implications as specified in Executive Order
(E.O.) 13175. Consistent with the D.C. Circuit's decision in ODEQ v.
EPA and with EPA's October 1, 2020, SAFETEA approval, if this approval
is finalized as proposed, these SIP revisions will apply to all Indian
country within Oklahoma, other than the excluded Indian country lands,
as described earlier. Because--per the State's request under SAFETEA--
EPA's October 1, 2020, 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.\5\
---------------------------------------------------------------------------
\5\ In accordance with Executive Order 13990, EPA is currently
reviewing our October 1, 2020, SAFETEA approval and is engaging in
further consultation with tribal governments and discussions with
the state of Oklahoma as part of this review. EPA also notes that
the October 1, 2020, approval is the subject of a pending challenge
in federal court. (Pawnee v. Regan, No. 20-9635 (10th Cir.)).
Pending completion of EPA's review, EPA is proceeding with this
proposed action in accordance with the October 1, 2020, approval.
EPA's final action on the approved revisions to the Oklahoma SIP
that include revisions to OAC Title 252 Chapter 100 Subchapters 13,
37, and 39 and Appendix N will address the scope of the state's
program with respect to Indian country, and may make any appropriate
adjustments, based on the status of our review at that time. If
EPA's final action on Oklahoma's SIP is taken before our review of
the SAFETEA approval is complete, EPA may make further changes to
the approval of Oklahoma's program to reflect the outcome of the
SAFETEA review.
---------------------------------------------------------------------------
IV. Environmental Justice Considerations
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 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 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.\7\
The EPA found, based on the EJScreen analyses, that this proposed
action will not have disproportionately high or adverse human health or
environmental effects on communities with EJ concerns. The revisions
strengthen the SIP by reducing air quality impacts from specific
operations statewide and thus, benefit the public. For example, as
described earlier in this action, the removal of specific materials
from structures used for fire training and the use of the ACI are
controls that improve air quality. The submitted revisions do not relax
provisions in the approved SIP and are consistent with Federal rules,
including, but not limited to 40 CFR 60, 40 CFR 61, and 40 CFR 63.
---------------------------------------------------------------------------
\6\ See https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
\7\ Our analysis is provided in the docket for this rulemaking
action.
---------------------------------------------------------------------------
V. Proposed Action
We are proposing to approve revisions to the Oklahoma SIP,
submitted to us on February 9, 2021. Specifically, we are proposing to
approve revisions to OAC 252:100, Subchapters 13, 37, and 39, and
Appendix N. We are proposing to approve these revisions in accordance
with section 110 of the Act.
VI. Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Oklahoma SIP regulations, as described in
Section II of this proposed action. We have made, and will continue to
make, these documents generally available electronically through
www.regulations.gov (please contact the persons identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
VII. 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 proposes to approve 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);
[[Page 7388]]
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 proposal to approve revisions to the Oklahoma SIP will apply,
if finalized as proposed, to certain areas of Indian country throughout
Oklahoma as discussed in the preamble, and therefore has tribal
implications as specified in E.O. 13175 (65 FR 67249, November 9,
2000). However, this action will neither impose substantial direct
compliance costs on federally recognized tribal governments, nor
preempt tribal law. This action will not impose substantial direct
compliance costs on federally recognized tribal governments because no
actions will be required of tribal governments. This action will also
not preempt tribal law as no Oklahoma tribe implements a regulatory
program under the CAA, and thus does not have applicable or related
tribal laws. Consistent with the EPA Policy on Consultation and
Coordination with Indian Tribes (May 4, 2011), the EPA has offered
consultation to tribal governments that may be affected by this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 30, 2023.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2023-02293 Filed 2-2-23; 8:45 am]
BILLING CODE 6560-50-P
