Air Plan Approval; Oklahoma; Revisions to Air Pollution Control Rules, 24918-24921 [2023-08438]
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24918
Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Rules and Regulations
EPA-APPROVED MOHEGAN TRIBE OF INDIANS OF CONNECTICUT REGULATIONS—Continued
Tribal citation
Mohegan Tribal
Resolution No.
2022–31.
Article XIII–A. Minor New Source
Review Program.
[FR Doc. 2023–08527 Filed 4–24–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2021–0214; FRL–9407–02–
R6]
Air Plan Approval; Oklahoma;
Revisions to Air Pollution Control
Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving revisions to the State
Implementation Plan (SIP) for
Oklahoma, submitted to the EPA by the
State of Oklahoma designee (‘‘the
State’’) on February 9, 2021. The SIP
revisions being approved address Open
Burning, Control of Emission of Volatile
Organic Compounds (VOC), and
Specialty Coatings VOC Content Limits.
DATES: This rule is effective on May 25,
2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
EPA–R06–OAR–2021–0214. 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: 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. For information
on the revisions addressing emissions of
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SUMMARY:
VerDate Sep<11>2014
Tribal
effective
date
Title/subject
15:44 Apr 24, 2023
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04/06/2022
EPA approval
date
Explanations
4/25/2023, [Insert Federal
Register citation].
The TIP revision includes the addition of a source
registration program, a minor NSR permitting
program, provisions to obtain a potential to emit
limit to render a source non-major, a process
by which the Mohegan Tribe can establish permit by rules, and a permit by rule for gasoline
dispensing facilities.
VOC, please contact Mr. Emad Shahin,
EPA Region 6 Office, Infrastructure and
Ozone Section, 214–665–6717,
shahin.emad@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.
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 February 3,
2023, proposal (88 FR 7384).1 In that
document, we proposed to approve a
portion of the revisions to the Oklahoma
SIP submitted on February 9, 2021. Our
February 2023 proposal addressed only
the portion of the submittal that referred
to the Oklahoma Administrative Code
(OAC) Title 252, Chapter 100 (denoted
OAC 252:100), Subchapters 13, 37, and
39, and Appendix N. The remainder of
the submitted revisions were addressed
in a separate rulemaking action.2
The revisions to Subchapter 13,
which addresses Open Burning
(denoted 252:100–13), include but are
not limited to, requiring inspection and
removal of materials containing
asbestos, asphalt, and lead in structures
prior to fire training; requiring use of air
curtain incinerators (ACIs) in specified
areas; and add a provision for open
burning of certain medical marijuana
plant refuse.
The revisions to Subchapter 37
(252:100–37), which addresses Control
of Emission of Volatile Organic
Compounds (VOC), add a new section to
control VOC emissions from aerospace
1 Henceforth referred to as our ‘‘February 2023’’
proposal. Our February 2023 proposal includes
technical support documents, which are posted in
the docket for this action.
2 See 87 FR 50263 (August 16, 2022).
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industries coatings operations, for new
and existing aerospace vehicle and
component coating operations. The
revisions to Subchapter 39 (252:100–
39), which address Emission of Volatile
Organic Compounds (VOCs) in
Nonattainment Areas and Former
Nonattainment Areas, include but are
not limited to incorporating the
Aerospace national emission standards
for hazardous air pollutants (NESHAP)
(40 CFR part 63, subpart GG). The
revisions also added Appendix N
(Specialty Coatings VOC Content
Limits) to the SIP.
The revisions addressed in our
February 2023 proposal add clarity,
consistency, and stringency to the
Oklahoma SIP. The revisions do not
relax the current SIP rules and are
consistent with Federal regulations at 40
CFR parts 60 and 61 and 40 CFR part
63, subparts GG and WWWW.
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. More detail on
these revisions is provided in the docket
for this action.
Our February 2023 proposal provided
a detailed description of the revisions
and the rationale for the EPA’s proposed
actions, together with a discussion of
the opportunity to comment. The public
comment period for our February 2023
proposal closed on March 6, 2023. We
received one supporting comment from
an anonymous source. No adverse
comment was received. Therefore, we
are finalizing this action as proposed.
II. Final Action
We are approving portions of a SIP
revision submitted to the EPA by the
State of Oklahoma on February 9, 2021.
Specifically, we are approving the
revisions to OAC 252:100, 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
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Nonattainment Areas), and Appendix N
(Specialty Coatings VOC Content
Limits). We are approving these
revisions in accordance with section
110 of the Act.
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III. Environmental Justice
Considerations
As stated in our February 2023
proposal and posted in the docket for
this action, EPA reviewed demographic
data, which provides an assessment of
individual demographic groups of the
populations living within the state of
Oklahoma. EPA then compared the data
to the national average for each of the
demographic groups. The results of this
analysis are being provided for
informational and transparency
purposes. The results of the
demographic analysis indicate that, for
populations within the state of
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 (38.5 percent versus
43.1 percent). Within people of color,
the percent of the population that is
Black or African American alone is less
than the national average (7.8 percent
versus 13.6 percent) and the percent of
the population that is American Indian/
Alaska Native is greater than the
national average (9.7 percent versus 1.3
percent). The percent of the population
that is two or more races is greater than
the national average (6.6 percent versus
2.9 percent). The percent of people
living in poverty in Oklahoma is greater
than the national average (15.6 percent
versus 11.6 percent).
The Oklahoma Department of
Environmental Quality (ODEQ) did not
evaluate environmental justice
considerations as part of their SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA performed an environmental
justice analysis, as is described above.
The analysis was done for the purpose
of providing additional context and
information about this rulemaking to the
public, not as a basis of the action.
This final action approves new rules
into the Oklahoma SIP that are
anticipated to control emissions from
open burning and certain activities
whose emissions include VOC. Open
burning may emit particle pollution and
VOC is a precursor to ozone formation.
Information on particle pollution and
ozone, and the associated negative
health impacts of these pollutants can
be found at https://www.epa.gov/pmpollution and https://www.epa.gov/
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ground-level-ozone-pollution.3 We
expect that this action and the resulting
emissions reductions will generally be
neutral or contribute to reduced
environmental and health impacts on all
populations in Oklahoma, including
indigenous people, people of color, and
low-income populations. There is no
information in the record indicating that
this action is expected to have
disproportionately high or adverse
human health or environmental effects
on a particular group of people. EPA
offered consultation on our proposed
rulemaking to tribal governments that
may be affected by this action.4 We
received one request for tribal
consultation from the Muscogee Nation
and provided such on February 14,
2023.
IV. 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
identified in Section II of this preamble,
Final Action. The revised regulations
address open burning, VOC emissions,
and specialty coatings VOC content
limits. 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 EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under CAA
sections 110 and 113 as of the effective
date of the final rulemaking of EPA’s
approval, and will be incorporated by
reference in the next update to the SIP
compilation.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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 Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
3 See, also, 78 FR 3086 (January 15, 2013) and 80
FR 65292 (October 26, 2015).
4 See invitation for consultation, dated February
1, 2023, in the docket for this action.
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24919
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, 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).
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).
Consistent with the EPA Policy on
Consultation and Coordination with
Indian Tribes (May 4, 2011), the EPA
offered consultation (by letter dated
February 1, 2023) on our proposed
rulemaking to tribal governments that
may be affected by this action. We
received a request for formal tribal
consultation from the Muscogee Nation
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Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Rules and Regulations
and provided consultation on February
14, 2023.
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. 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.’’ 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.’’
The Oklahoma Department of
Environmental Quality did not evaluate
EJ considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA performed an EJ analysis, as is
described earlier in the section titled
‘‘Environmental Justice
Considerations.’’ The analysis was done
for the purpose of providing additional
context and information about this
rulemaking to the public, not as a basis
of the action. Due to the nature of the
action being taken here, this action is
expected to have a neutral to positive
impact on the air quality of the affected
area. In addition, there is no information
in the record upon which this decision
is based inconsistent with the stated
goal of E.O. 12898 of achieving EJ for
people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and 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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 26, 2023.
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, Incorporation by
reference, Ozone, Volatile organic
compounds.
Dated: April 17, 2023.
Earthea Nance,
Regional Administrator, Region 6.
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, the table in paragraph
(c) titled ‘‘EPA Approved Oklahoma
Regulations’’ is amended by:
■ a. Under Subchapter 13:
■ i. Revising the entries for 252:100–13–
2, 252:100–13–5, 252:100–13–7,
252:100–13–8;
■ ii. Adding an entry for 252:100–13–
8.1 in numerical order; and
■ iii. Revising the entry for 252:100–13–
9;
■ b. Revising the heading for
Subchapter 37 and adding an entry for
252:100–37–27 in numerical order
under Subchapter 37;
■ c. Revising the heading for Subchapter
39 and the entry for 252:100–39–47 and
removing the entry for 252:100–39–49
under Subchapter 39; and
■ d. Adding in alphanumerical order an
entry for 252:100, Appendix N under
Appendices for OAC 252: Chapter 100.
The revisions and additions read as
follows:
■
§ 52.1920
For the reasons stated in the
preamble, the Environmental Protection
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED OKLAHOMA REGULATIONS
State citation
*
State
effective
date
Title/subject
*
*
*
EPA approval date
*
Explanation
*
*
*
*
Chapter 100 (OAC 252:100). Air Pollution Control
*
*
*
*
*
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Subchapter 13. Open Burning
*
252:100–13–2 ...................
*
*
*
Definitions ...................................................................
*
9/15/2020
252:100–13–5 ...................
Open burning prohibited .............................................
9/15/2020
252:100–13–7 ...................
Allowed open burning .................................................
9/15/2020
252:100–13–8 ...................
Use of air curtain incinerators ....................................
9/15/2020
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*
4/25/2023 [Insert Federal
Register citation].
4/25/2023 [Insert Federal
Register citation].
4/25/2023 [Insert Federal
Register citation].
4/25/2023 [Insert Federal
Register citation].
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Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Rules and Regulations
EPA APPROVED OKLAHOMA REGULATIONS—Continued
State
effective
date
State citation
Title/subject
252:100–13–8.1 ................
Transported material ..................................................
9/15/2020
252:100–13–9 ...................
General conditions and requirements for allowed
open burning.
9/15/2020
*
*
*
*
EPA approval date
Explanation
4/25/2023 [Insert Federal
Register citation].
4/25/2023 .........................
[Insert Federal Register
citation].
*
*
*
*
*
Subchapter 37. Control of Emission of Volatile Organic Compounds (VOC)
*
*
*
*
*
Part 5. Control of VOCs in Coating Operations
*
252:100–37–27 .................
*
*
*
*
Control of emission of VOCs from aerospace industries coatings operations.
*
*
*
9/15/2020
*
*
4/25/2023 [Insert Federal
Register citation].
*
*
*
*
Subchapter 39. Emission of Volatile Organic Compounds (VOCs) in Nonattainment Areas and Former Nonattainment Areas
*
*
*
*
*
*
*
Part 7. Specific Operations
*
252:100–39–47 .................
*
*
*
*
Control of VOC emissions from aerospace industries
coatings operations.
*
*
*
9/15/2020
*
*
4/25/2023 [Insert Federal
Register citation].
*
*
*
*
Appendices for OAC 252: Chapter 100
*
252:100, Appendix N ........
*
*
*
*
*
*
Specialty Coatings VOC Content Limits ....................
*
*
*
*
BILLING CODE 6560–50–P
ACTION:
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 230420–0107]
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RIN 0648–BL29
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Vermilion Snapper Harvest Levels
National Marine Fisheries
Service (NMFS), National Oceanic and
15:44 Apr 24, 2023
Jkt 259001
Final rule.
NMFS issues regulations to
implement management measures
described in a framework action under
the Fishery Management Plan for the
Reef Fish Resources of the Gulf of
Mexico (FMP), as prepared by the Gulf
of Mexico Fishery Management Council
(Council). This final rule revises the
annual catch limit (ACL) for vermilion
snapper in the Gulf of Mexico (Gulf).
The purpose of this final rule is to
prevent overfishing of Gulf vermilion
snapper and to achieve optimum yield
(OY).
This final rule is effective May
25, 2023.
DATES:
PO 00000
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*
4/25/2023 [Insert Federal
Register citation].
*
SUMMARY:
DEPARTMENT OF COMMERCE
VerDate Sep<11>2014
*
Atmospheric Administration (NOAA),
Commerce.
*
[FR Doc. 2023–08438 Filed 4–24–23; 8:45 am]
AGENCY:
*
9/15/2020
Sfmt 4700
*
*
*
Electronic copies of the
framework action, which includes an
environmental assessment, a fishery
impact statement, a Regulatory
Flexibility Act (RFA) analysis, and a
regulatory impact review, may be
obtained from the Southeast Regional
Office website at https://
www.fisheries.noaa.gov/action/
modification-gulf-mexico-vermilionsnapper-overfishing-limit-acceptablebiological-catch-and?check_logged_
in=1.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, Southeast Regional Office,
NMFS, telephone: 727–824–5305; email:
rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the Gulf reef fish
fishery, which includes vermilion
snapper, under the FMP. The Council
ADDRESSES:
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]]>Agencies
[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Rules and Regulations]
[Pages 24918-24921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08438]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2021-0214; FRL-9407-02-R6]
Air Plan Approval; Oklahoma; Revisions to Air Pollution Control
Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving revisions to the
State Implementation Plan (SIP) for Oklahoma, submitted to the EPA by
the State of Oklahoma designee (``the State'') on February 9, 2021. The
SIP revisions being approved address Open Burning, Control of Emission
of Volatile Organic Compounds (VOC), and Specialty Coatings VOC Content
Limits.
DATES: This rule is effective on May 25, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID EPA-R06-OAR-2021-0214. 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: 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]. 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].
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,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
February 3, 2023, proposal (88 FR 7384).\1\ In that document, we
proposed to approve a portion of the revisions to the Oklahoma SIP
submitted on February 9, 2021. Our February 2023 proposal addressed
only the portion of the submittal that referred to the Oklahoma
Administrative Code (OAC) Title 252, Chapter 100 (denoted OAC 252:100),
Subchapters 13, 37, and 39, and Appendix N. The remainder of the
submitted revisions were addressed in a separate rulemaking action.\2\
---------------------------------------------------------------------------
\1\ Henceforth referred to as our ``February 2023'' proposal.
Our February 2023 proposal includes technical support documents,
which are posted in the docket for this action.
\2\ See 87 FR 50263 (August 16, 2022).
---------------------------------------------------------------------------
The revisions to Subchapter 13, which addresses Open Burning
(denoted 252:100-13), include but are not limited to, requiring
inspection and removal of materials containing asbestos, asphalt, and
lead in structures prior to fire training; requiring use of air curtain
incinerators (ACIs) in specified areas; and add a provision for open
burning of certain medical marijuana plant refuse.
The revisions to Subchapter 37 (252:100-37), which addresses
Control of Emission of Volatile Organic Compounds (VOC), add a new
section to control VOC emissions from aerospace industries coatings
operations, for new and existing aerospace vehicle and component
coating operations. The revisions to Subchapter 39 (252:100-39), which
address Emission of Volatile Organic Compounds (VOCs) in Nonattainment
Areas and Former Nonattainment Areas, include but are not limited to
incorporating the Aerospace national emission standards for hazardous
air pollutants (NESHAP) (40 CFR part 63, subpart GG). The revisions
also added Appendix N (Specialty Coatings VOC Content Limits) to the
SIP.
The revisions addressed in our February 2023 proposal add clarity,
consistency, and stringency to the Oklahoma SIP. The revisions do not
relax the current SIP rules and are consistent with Federal regulations
at 40 CFR parts 60 and 61 and 40 CFR part 63, subparts GG and WWWW.
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. More detail on these revisions is provided in
the docket for this action.
Our February 2023 proposal provided a detailed description of the
revisions and the rationale for the EPA's proposed actions, together
with a discussion of the opportunity to comment. The public comment
period for our February 2023 proposal closed on March 6, 2023. We
received one supporting comment from an anonymous source. No adverse
comment was received. Therefore, we are finalizing this action as
proposed.
II. Final Action
We are approving portions of a SIP revision submitted to the EPA by
the State of Oklahoma on February 9, 2021. Specifically, we are
approving the revisions to OAC 252:100, 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
[[Page 24919]]
Nonattainment Areas), and Appendix N (Specialty Coatings VOC Content
Limits). We are approving these revisions in accordance with section
110 of the Act.
III. Environmental Justice Considerations
As stated in our February 2023 proposal and posted in the docket
for this action, EPA reviewed demographic data, which provides an
assessment of individual demographic groups of the populations living
within the state of Oklahoma. EPA then compared the data to the
national average for each of the demographic groups. The results of
this analysis are being provided for informational and transparency
purposes. The results of the demographic analysis indicate that, for
populations within the state of 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 (38.5
percent versus 43.1 percent). Within people of color, the percent of
the population that is Black or African American alone is less than the
national average (7.8 percent versus 13.6 percent) and the percent of
the population that is American Indian/Alaska Native is greater than
the national average (9.7 percent versus 1.3 percent). The percent of
the population that is two or more races is greater than the national
average (6.6 percent versus 2.9 percent). The percent of people living
in poverty in Oklahoma is greater than the national average (15.6
percent versus 11.6 percent).
The Oklahoma Department of Environmental Quality (ODEQ) did not
evaluate environmental justice considerations as part of their SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA performed an environmental
justice analysis, as is described above. The analysis was done for the
purpose of providing additional context and information about this
rulemaking to the public, not as a basis of the action.
This final action approves new rules into the Oklahoma SIP that are
anticipated to control emissions from open burning and certain
activities whose emissions include VOC. Open burning may emit particle
pollution and VOC is a precursor to ozone formation. Information on
particle pollution and ozone, and the associated negative health
impacts of these pollutants can be found at https://www.epa.gov/pm-pollution and https://www.epa.gov/ground-level-ozone-pollution.\3\ We
expect that this action and the resulting emissions reductions will
generally be neutral or contribute to reduced environmental and health
impacts on all populations in Oklahoma, including indigenous people,
people of color, and low-income populations. There is no information in
the record indicating that this action is expected to have
disproportionately high or adverse human health or environmental
effects on a particular group of people. EPA offered consultation on
our proposed rulemaking to tribal governments that may be affected by
this action.\4\ We received one request for tribal consultation from
the Muscogee Nation and provided such on February 14, 2023.
---------------------------------------------------------------------------
\3\ See, also, 78 FR 3086 (January 15, 2013) and 80 FR 65292
(October 26, 2015).
\4\ See invitation for consultation, dated February 1, 2023, in
the docket for this action.
---------------------------------------------------------------------------
IV. 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 identified in Section II of
this preamble, Final Action. The revised regulations address open
burning, VOC emissions, and specialty coatings VOC content limits. 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 EPA for inclusion in the SIP, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
CAA sections 110 and 113 as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 Clean Air Act.
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, 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).
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).
Consistent with the EPA Policy on Consultation and Coordination with
Indian Tribes (May 4, 2011), the EPA offered consultation (by letter
dated February 1, 2023) on our proposed rulemaking to tribal
governments that may be affected by this action. We received a request
for formal tribal consultation from the Muscogee Nation
[[Page 24920]]
and provided consultation on February 14, 2023.
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.
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.'' 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.''
The Oklahoma Department of Environmental Quality did not evaluate
EJ considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA performed an EJ analysis, as is described earlier in
the section titled ``Environmental Justice Considerations.'' The
analysis was done for the purpose of providing additional context and
information about this rulemaking to the public, not as a basis of the
action. Due to the nature of the action being taken here, this action
is expected to have a neutral to positive impact on the air quality of
the affected area. In addition, there is no information in the record
upon which this decision is based inconsistent with the stated goal of
E.O. 12898 of achieving EJ for people of color, low-income populations,
and Indigenous peoples.
This action is subject to the Congressional Review Act, and 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 26, 2023. 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, Incorporation by
reference, Ozone, Volatile organic compounds.
Dated: April 17, 2023.
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, the table in paragraph (c) titled ``EPA Approved
Oklahoma
Regulations'' is amended by:
0
a. Under Subchapter 13:
0
i. Revising the entries for 252:100-13-2, 252:100-13-5, 252:100-13-7,
252:100-13-8;
0
ii. Adding an entry for 252:100-13-8.1 in numerical order; and
0
iii. Revising the entry for 252:100-13-9;
0
b. Revising the heading for Subchapter 37 and adding an entry for
252:100-37-27 in numerical order under Subchapter 37;
0
c. Revising the heading for Subchapter 39 and the entry for 252:100-39-
47 and removing the entry for 252:100-39-49 under Subchapter 39; and
0
d. Adding in alphanumerical order an entry for 252:100, Appendix N
under Appendices for OAC 252: Chapter 100.
The revisions and additions read as follows:
Sec. 52.1920 Identification of plan.
* * * * *
(c) * * *
EPA Approved Oklahoma Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 100 (OAC 252:100). Air Pollution Control
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 13. Open Burning
----------------------------------------------------------------------------------------------------------------
* * * * * * *
252:100-13-2................... Definitions............ 9/15/2020 4/25/2023 [Insert
Federal Register
citation].
252:100-13-5................... Open burning prohibited 9/15/2020 4/25/2023 [Insert
Federal Register
citation].
252:100-13-7................... Allowed open burning... 9/15/2020 4/25/2023 [Insert
Federal Register
citation].
252:100-13-8................... Use of air curtain 9/15/2020 4/25/2023 [Insert
incinerators. Federal Register
citation].
[[Page 24921]]
252:100-13-8.1................. Transported material... 9/15/2020 4/25/2023 [Insert
Federal Register
citation].
252:100-13-9................... General conditions and 9/15/2020 4/25/2023........
requirements for [Insert Federal
allowed open burning. Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 37. Control of Emission of Volatile Organic Compounds (VOC)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 5. Control of VOCs in Coating Operations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
252:100-37-27.................. Control of emission of 9/15/2020 4/25/2023 [Insert
VOCs from aerospace Federal Register
industries coatings citation].
operations.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 39. Emission of Volatile Organic Compounds (VOCs) in Nonattainment Areas and Former Nonattainment
Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 7. Specific Operations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
252:100-39-47.................. Control of VOC 9/15/2020 4/25/2023 [Insert
emissions from Federal Register
aerospace industries citation].
coatings operations.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Appendices for OAC 252: Chapter 100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
252:100, Appendix N............ Specialty Coatings VOC 9/15/2020 4/25/2023 [Insert
Content Limits. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-08438 Filed 4-24-23; 8:45 am]
BILLING CODE 6560-50-P
