Air Plan Approval; Oklahoma; Revisions to Air Pollution Control Rules, 89589-89593 [2023-28496]
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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations
Protocol—Conformity Procedures
(February 26, 2020) and San Francisco
Bay Area Transportation Air Quality
Conformity Protocol—Interagency
Consultation Procedures (February 26,
2020), adopted by MTC on February 26,
2020, BAAQMD on March 4, 2020, and
by ABAG on April 23, 2020.
(2) [Reserved]
(B) [Reserved]
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[FR Doc. 2023–28494 Filed 12–27–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2023–0090; FRL–11014–
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 January 30, 2023. The SIP
revisions being approved address
amendments to subchapters regarding
Control of Emission of Volatile Organic
Compounds (VOCs) and Emission of
Volatile Organic Compounds (VOCs) in
Nonattainment Areas and Former
Nonattainment Areas.
DATES: This rule is effective on January
29, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
EPA–R06–OAR–2023–0090. 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: Mr.
Emad Shahin, EPA Region 6 Office,
Infrastructure and Ozone Section, 214–
665–6717, shahin.emad@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
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SUMMARY:
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I. Background
The background for this action is
discussed in detail in our June 13, 2023,
proposal (88 FR 38433).1 In that
document we proposed to approve a
portion of the revisions to the Oklahoma
SIP submitted on January 30, 2023. Our
June 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 37, and 39.
The remainder of the submitted
revisions were addressed in a separate
rulemaking action.2
The revisions addressed in our June
2023 proposal add clarity and
consistency to the Oklahoma SIP. The
revisions do not relax the current SIP
rules and are consistent with applicable
Federal regulations. 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 June 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 June 2023
proposal was extended to August 14,
2023, to allow additional time for
stakeholders to review and comment on
the proposal.
We received comments from the
Muscogee (Creek) Nation, the
Chickasaw Nation, and two anonymous
comments. One anonymous comment
supported the extension of the comment
period and the other was supportive of
this action generally. Below are our
responses to comments from the
Muscogee (Creek) Nation and the
Chickasaw Nation.
II. Response to Comments
Comment: During Tribal Consultation,
the Muscogee (Creek) Nation asked for
more information regarding the number
of compressor station facilities within
the Muscogee Reservation.
Response: Region 6 was able to obtain
the number of natural gas compressor
1 Henceforth referred to as our ‘‘June 2023’’
proposal.
2 The submitted revisions also address
amendments to Subchapter 2, and Appendix Q,
Incorporation by Reference, and Subchapter 8,
Permits for Part 70 Sources and Major New Source
Review (NSR) Sources, in the Oklahoma
Administrative Code Title 252, Chapter 100,
Oklahoma Department of Environmental Quality.
More information about the EPA addressing these
other sections may be found in the text of the June
2023 proposed action.
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stations within the Muscogee (Creek)
Nation Reservation from the ODEQ
emission inventory database. There are
79 compressor stations in the counties
that make up the reservation.
Comment: Commenter stated concern
about the number of compressor stations
(and therefore the amount of loading at
relevant condensate tanks) on Muscogee
(Creek) Reservation land, the amount of
VOC’s, and the effects that the VOC’s
may have on Muscogee citizens’ health
and the environment.
Response: EPA agrees that VOC
emissions can be harmful to human
health and the environment but notes
that this action will not result in any
increase in emissions of VOCs. EPA has
found this revision complies with Clean
Air Act Requirements. EPA is required
to approve SIP revisions that comply
with all applicable requirements.
This action merely clarifies ODEQ’s
long standing interpretation that the
provisions of Subchapter 37 do not
apply to loading operations at
condensate tanks at compressor stations.
As this is just a clarification, there is no
change to how these facilities are
regulated in practice and there is no
increase in emissions of VOC’s. This
type of loading, however, remains
regulated under separate provisions
specific to compressor station
operations.
A loading facility has the main
purpose of loading/unloading VOC’s in
relatively large quantities using
specialized equipment. Although
condensate loading operations occur at
compressor stations, that is not its main
purpose. The transfer of condensate and
produced water from atmospheric
storage tanks into individual tanker
trucks at a compressor station is a
different type of operation both in scale
and in the equipment used than is the
case in, for example, the bulk transfer of
gasoline at a pipeline terminal/bulk
gasoline distribution system.
Condensate loading operations at
compressor stations were not meant to
be covered by 252:100–37–16 as they do
not have the physical equipment
(loading arm and pump) to conduct this
type of loading and have much lower
throughput and emissions. The loading
of condensate from natural gas
compressor station is regulated under
other ODEQ rules such as 252:100–37–
15(b) for submerged fill or a vapor
recovery system which applies to most
condensate tanks at compressor stations
since a typical tank is about 400 barrels
(16,800 gallons). Also, natural gas
compressor stations are subject to
federal New Source Performance
Standards (NSPS) such as Subpart
OOOO.
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Comment: Commenter stated concern
that incineration of petroleum solvents
as in dry cleaning filters is not an
acceptable process in Indian Country
and that the incineration of petroleum
solvents creates Hazardous Air
Pollutants that cause health and
environmental justice issues. The
commenter also stated that the outdated
compliance schedule should be
replaced with an updated one.
Response: Based on its air quality
inspections in Tulsa County, the ODEQ
is not aware of any facilities that
incinerate dry cleaning filters as
referenced in this subchapter. In
addition, the revision only clarifies that
if a facility were to incinerate the filters,
it can only be allowed if permitted by
the appropriate regulatory entity. It is
important to note that this section of the
ODEQ rules does not set requirements
that must be met to obtain a permit for
incineration only that there be the
appropriate permit which would be the
case even if this provision was not
included in the SIP. As such, the
revision does not impact compliance
with the Clean Air Act and therefore,
EPA must approve the revision.
The revision also removes the
outdated compliance schedule of
October 1, 1986. There is no need to
replace this schedule as there is not a
grace period for facilities to get into
compliance; existing facilities should be
complying already, and new facilities
would need to begin operations in
compliance with this subchapter.
Comment: The commenter stated that
there appears to be no environmental
justice issue, but the Muscogee (Creek)
Nation would like to see the EJ report
and the reporting decision on the
subject matter.
Response: Please see ‘‘EJ
Considerations’’ document, Doc. ID
0005 in the docket for this action for
review of Environmental Justice
information related to this action.
Comment: In their comment, the
Chickasaw Nation provides some
background on SAFETEA and the
McGirt v. Oklahoma litigation. This
includes the most current status that
while EPA proposed the withdrawal
and reconsideration of the October 1,
2020, decision to grant Oklahoma
authorization to administer EPA
approved environmental programs in
Indian Country, the October 2020
decision remains in effect until EPA
takes final action. The Chickasaw
Nation comments that the EPA’s action
on the Oklahoma SIP is premature and
the agency should first resolve the issue
of the withdrawal before proceeding
with new regulatory actions under
SAFETEA. The commenter recommends
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that no new actions that impact Indian
country should be taken until a final
decision is made on the October 2020
approval. The Chickasaw Nation also
comments regarding the importance of
EPA’s federal trust obligations to Indian
tribes including government-togovernment consultations and asks that
EPA be more proactive in its fulfillment
of federal trust responsibilities.
Response: As stated in our June 2023
proposal, and by the commenter, the
State retains its authority to administer
authorized programs in certain areas of
Indian country pursuant to the October
1, 2020, approval under SAFETEA
while EPA undergoes its
reconsideration of that decision. The
State’s authority includes the
implementation the SIP in areas of
Indian country included in the October
2020 approval and in non-reservation
areas of Indian country pursuant to
ODEQ v EPA. As also noted in the June
2023 proposal, EPA may make further
changes to this final approval of
Oklahoma’s program to reflect the
outcome of the proposed withdrawal
and reconsideration of the October 1,
2020, SAFETEA approval. EPA notes
that the litigation involving the October
2020 decision is currently being held in
abeyance pending the outcome of EPA’s
reconsideration. EPA takes seriously its
general federal trust responsibility to
tribes. By example, EPA has engaged
with and offered consultation to all
affected Oklahoma tribes on this matter.
EPA intends to continue its engagement
with tribes on relevant matters,
including on actions related to
approvals in Oklahoma and with
regards to SAFETEA.
III. Final Action
We are approving portions of a SIP
revision submitted to the EPA by the
State of Oklahoma on January 30, 2023.
Specifically, we are approving the
revisions to OAC 252:100, Subchapters
37 (Control of Emission of Volatile
Organic Compounds (VOCs), and 39
(Emission of Volatile Organic
Compounds (VOCs) in Nonattainment
Areas and Former Nonattainment
Areas). We are approving these
revisions in accordance with section
110 of the Act.
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
described in Section III of this preamble,
Final Action. The revised regulations
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address VOC emissions. 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
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated in the next update to the
SIP compilation.
V. Impact on Areas of Indian Country
As stated in the proposed action, on
October 1, 2020, the EPA approved
Oklahoma’s request to administer all the
State’s EPA-approved environmental
regulatory programs, including the
Oklahoma SIP, in the requested areas of
Indian country pursuant to section
10211(a) of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act of 2005: A Legacy for Users, Public
Law 109–59, 119 Stat. 1144, 1937
(August 10, 2005) (‘‘SAFETEA’’).3
As requested by Oklahoma, the EPA’s
approval under SAFETEA does not
include Indian country lands, including
rights-of-way running through the same,
that: (1) qualify as Indian allotments, the
Indian titles to which have not been
extinguished, under 18 U.S.C. 1151(c);
(2) are held in trust by the United States
on behalf of an individual Indian or
Tribe; or (3) are owned in fee by a Tribe,
if the Tribe (a) acquired that fee title to
such land, or an area that included such
land, in accordance with a treaty with
the United States to which such Tribe
was a party, and (b) never allotted the
land to a member or citizen of the Tribe
(collectively ‘‘excluded Indian country
lands’’). 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).
As explained earlier in this action, the
EPA is approving revisions to portions
of the Oklahoma SIP that were
submitted by the State of Oklahoma on
January 24, 2023. More specifically, we
are approving a revision providing
clarification to OAC 252:100–37–16 of
Subchapter 37, Control of Emission of
Volatile Organic Compounds (VOCs)
3 A copy of EPA’s October 1, 2020, approval can
be found in the docket for this rulemaking on the
https://www.regulations.gov website. See Document
ID No. XXXXX
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and amending language and correcting
approval process for OAC 252:100–39–
45 of Subchapter 39, Emission of
Volatile Organic Compounds (VOCs) in
Nonattainment Areas and Former
Nonattainment Areas, in the Oklahoma
Administrative Code Title 252, Chapter
100, Oklahoma Department of
Environmental Quality. Consistent with
the D.C. Circuit’s decision in ODEQ v.
EPA and with EPA’s October 1, 2020,
SAFETEA approval, 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, SAFETEA 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.4
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VI. Environmental Justice
Considerations
As stated in our June 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 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 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
4 In accordance with Executive Order 13990, EPA
is currently reviewing our October 1, 2020
SAFETEA approval and expects to engage in further
discussions with tribal governments and the State
of Oklahoma as part of this review. EPA notes that
the SAFETEA 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. Although EPA is approving these
revisions 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 proposed withdrawal and
reconsideration of the October 1, 2020, SAFETEA
approval.
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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).
This final action approves new rules
into the Oklahoma SIP that are
anticipated to add clarification and
consistency to the SIP and 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.5 We
received one request for tribal
consultation from the Muscogee Nation
and provided such on August 10, 2023.
VII. 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
5 See invitation for consultation, dated June 8,
2023, in the docket for this action.
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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
June 8, 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
and provided consultation on August
10, 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
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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 February 26,
2024. 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: December 19, 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
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 revising
entries for 252:100–37–16 and 252:100–
39–45 to read as follows:
■
§ 52.1920
*
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
*
*
*
*
*
Subchapter 37. Control of Emission of Volatile Organic Compounds (VOC)
*
*
*
*
*
PART 5. Control of VOCs in Coating Operations
*
*
*
252:100–37–16 ....................... Loading of VOCs ...................
*
*
*
*
9/15/2020
*
12/28/2023, [Insert Federal
Register citation].
*
*
Subchapter 39. Emission of Volatile Organic Compounds (VOCs) in Nonattainment Areas and Former Nonattainment Areas
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*
*
*
*
*
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*
*
*
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PART 7. Specific Operations
*
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*
252:100–39–45 ....................... Petroleum (solvent) dry cleaning.
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9/15/2020
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12/28/2023. [Insert Federal
Register citation].
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[FR Doc. 2023–28496 Filed 12–27–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2023–0175; FRL–11053–
02–R2]
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Approval and Promulgation of
Implementation Plans; New York;
Emission Statement Program
(212) 637–3382, or by email at
banon.ysabel@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Public Comments and EPA’s Response
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On October 4, 2023 (88 FR 68529), the
EPA published a Notice of Proposed
Rulemaking that proposed to approve a
AGENCY: Environmental Protection
State Implementation Plan (SIP)
Agency (EPA).
revision submitted by the NYSDEC on
ACTION: Final rule.
March 21, 2022, for purposes of
enhancing an existing Emission
SUMMARY: The Environmental Protection
Statement program for stationary
Agency (EPA) is approving a State
sources in New York, with a state
Implementation Plan (SIP) submitted by
effective date of December 18, 2020.
the New York State Department of
The SIP revision was submitted by
Environmental Conservation (NYSDEC)
NYSDEC to satisfy the ozone
for purposes of enhancing an existing
nonattainment provision of the Act and
emission statement program for
allows NYSDEC to more effectively plan
stationary sources in New York State.
for and attain the national ambient air
The SIP revision consists of
quality standards (NAAQS). The
amendments to regulations in New
purpose of 6 NYCRR Subpart 202–2,
York’s Codes, Rules and Regulations
‘‘Emission Statements,’’ is to establish
(NYCRR) applicable to the emission
the requirements for annual emission
statements. These provisions establish
statements filed by facilities subject to
electronic reporting requirements for
Title V operating permits under the Act.
annual emission statements filed by
These requirements are set forth in
facilities subject to Title V operating
EPA’s Air Emission Report
permits of the Act beginning in 2022
Requirements rule (AERR). See 40 CFR
(for calendar year 2021 emission
reporting). The Emission Statement rule 51 Subpart A. The SIP revision
establishes electronic reporting
also improves the EPA’s and the public
requirements for annual emission
access to facility-specific emission
statements filed by facilities subject to
related data. This action is being taken
Title V operating permits of the Act
in accordance with the requirements of
beginning in 2022 (for calendar year
the Clean Air Act (Act or CAA).
2021 emission reporting).
DATES: This final rule is effective on
The specific details of NYSDEC’s SIP
January 29, 2024.
submittal and the rationale for the EPA’s
ADDRESSES: The EPA has established a
approval action are explained in the
docket for this action under Docket ID
EPA’s proposed rulemaking and are not
Number EPA–R02–OAR–2023–0175. All restated in this final action. For this
documents in the docket are listed on
detailed information, the reader is
the https://www.regulations.gov
referred to the EPA’s October 4, 2023,
website. Although listed in the index,
proposed rulemaking. See 88 FR 68529.
some information is not publicly
II. Public Comments and EPA
available, e.g., Controlled Unclassified
Responses
Information (CUI) (formally referred to
as Confidential Business Information
In response to the EPA’s October 4,
(CBI)) or other information whose
2023, proposed rulemaking on
disclosure is restricted by statute.
NYSDEC’s SIP revision, the EPA
Certain other material, such as
received three supportive comments
copyrighted material, is not placed on
during the 30-day public comment
the internet and will be publicly
period. The specific comments may be
available only in hard copy form.
viewed under Docket ID Number EPA–
Publicly available docket materials are
R02–OAR–2023–0175 on the https://
available electronically through https:// regulations.gov website.
www.regulations.gov.
Comment 1
FOR FURTHER INFORMATION CONTACT:
One commenter indicated that by
Ysabel Banon, Air Programs Branch,
enacting policies such as this, the
Environmental Protection Agency, 290
NYSDEC can better regulate the major
Broadway, 25th Floor, New York, New
sources of air pollution and therefore
York 10007–1866, telephone number
VerDate Sep<11>2014
20:53 Dec 27, 2023
Jkt 262001
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
89593
move us toward achieving the NAAQS.
Implementing an electronic submission
system for major polluters will impose
more responsibility on them to meet
these emission requirements, especially
if these companies are fined for not
doing so. Additionally, the commenter
suggested that this annual record be
made available to the public.
Response 1
The EPA acknowledges the
commenter’s support of the EPA’s
proposed rule. Title 6 NYCRR, Chapter
III, Part 202, Subpart 202–2.4(j)
indicates that the facilities may be
subject to enforcement actions,
including monetary fines for incomplete
and inaccurate emission statements. The
commenter can review it at the EPA
Docket ID number EPA–R02–OAR–
2023–0175. The EPA also recognizes the
commenter’s request for the EPA to
make the records publicly available. The
public can access the annual emission
records on NYSDEC’s website
www.dec.ny.gov/chemical/
125566.html#point.
Comment 2 & 3
Two additional public comments
were received, which were supportive
of the EPA’s proposed approval of
NYSDEC’s SIP revisions. The
commenters indicated that the revisions
to the SIP improve air quality.
Response 2 & 3
The EPA acknowledges the
commenters’ support of the EPA’s
proposed rule.
III. Final Action
The EPA is approving a SIP revision
submitted by NYSDEC on March 21,
2022, for purposes of enhancing an
existing Emission Statement program for
stationary sources in New York. The SIP
revision consists of amendments to Title
6 NYCRR, Chapter III, part 202, subpart
202–2, ‘‘Emission Statements,’’ with a
state effective date of December 18,
2020.
Based on the EPA’s review, the
Emission Statement rule contains the
necessary applicability, compliance,
enforcement, and reporting
requirements for an approvable
emission statement program.
IV. Incorporation by Reference
In this document, 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 of the 6
NYCRR Part 202, Subpart 202–2,
E:\FR\FM\28DER1.SGM
28DER1
]]>Agencies
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89589-89593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28496]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2023-0090; FRL-11014-02-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 January 30, 2023. The
SIP revisions being approved address amendments to subchapters
regarding Control of Emission of Volatile Organic Compounds (VOCs) and
Emission of Volatile Organic Compounds (VOCs) in Nonattainment Areas
and Former Nonattainment Areas.
DATES: This rule is effective on January 29, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID EPA-R06-OAR-2023-0090. 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: Mr. Emad Shahin, EPA Region 6 Office,
Infrastructure and Ozone Section, 214-665-6717, [email protected].
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 June
13, 2023, proposal (88 FR 38433).\1\ In that document we proposed to
approve a portion of the revisions to the Oklahoma SIP submitted on
January 30, 2023. Our June 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 37, and 39.
The remainder of the submitted revisions were addressed in a separate
rulemaking action.\2\
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\1\ Henceforth referred to as our ``June 2023'' proposal.
\2\ The submitted revisions also address amendments to
Subchapter 2, and Appendix Q, Incorporation by Reference, and
Subchapter 8, Permits for Part 70 Sources and Major New Source
Review (NSR) Sources, in the Oklahoma Administrative Code Title 252,
Chapter 100, Oklahoma Department of Environmental Quality. More
information about the EPA addressing these other sections may be
found in the text of the June 2023 proposed action.
---------------------------------------------------------------------------
The revisions addressed in our June 2023 proposal add clarity and
consistency to the Oklahoma SIP. The revisions do not relax the current
SIP rules and are consistent with applicable Federal regulations.
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 June 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 June 2023 proposal was extended to August 14, 2023, to
allow additional time for stakeholders to review and comment on the
proposal.
We received comments from the Muscogee (Creek) Nation, the
Chickasaw Nation, and two anonymous comments. One anonymous comment
supported the extension of the comment period and the other was
supportive of this action generally. Below are our responses to
comments from the Muscogee (Creek) Nation and the Chickasaw Nation.
II. Response to Comments
Comment: During Tribal Consultation, the Muscogee (Creek) Nation
asked for more information regarding the number of compressor station
facilities within the Muscogee Reservation.
Response: Region 6 was able to obtain the number of natural gas
compressor stations within the Muscogee (Creek) Nation Reservation from
the ODEQ emission inventory database. There are 79 compressor stations
in the counties that make up the reservation.
Comment: Commenter stated concern about the number of compressor
stations (and therefore the amount of loading at relevant condensate
tanks) on Muscogee (Creek) Reservation land, the amount of VOC's, and
the effects that the VOC's may have on Muscogee citizens' health and
the environment.
Response: EPA agrees that VOC emissions can be harmful to human
health and the environment but notes that this action will not result
in any increase in emissions of VOCs. EPA has found this revision
complies with Clean Air Act Requirements. EPA is required to approve
SIP revisions that comply with all applicable requirements.
This action merely clarifies ODEQ's long standing interpretation
that the provisions of Subchapter 37 do not apply to loading operations
at condensate tanks at compressor stations. As this is just a
clarification, there is no change to how these facilities are regulated
in practice and there is no increase in emissions of VOC's. This type
of loading, however, remains regulated under separate provisions
specific to compressor station operations.
A loading facility has the main purpose of loading/unloading VOC's
in relatively large quantities using specialized equipment. Although
condensate loading operations occur at compressor stations, that is not
its main purpose. The transfer of condensate and produced water from
atmospheric storage tanks into individual tanker trucks at a compressor
station is a different type of operation both in scale and in the
equipment used than is the case in, for example, the bulk transfer of
gasoline at a pipeline terminal/bulk gasoline distribution system.
Condensate loading operations at compressor stations were not meant to
be covered by 252:100-37-16 as they do not have the physical equipment
(loading arm and pump) to conduct this type of loading and have much
lower throughput and emissions. The loading of condensate from natural
gas compressor station is regulated under other ODEQ rules such as
252:100-37-15(b) for submerged fill or a vapor recovery system which
applies to most condensate tanks at compressor stations since a typical
tank is about 400 barrels (16,800 gallons). Also, natural gas
compressor stations are subject to federal New Source Performance
Standards (NSPS) such as Subpart OOOO.
[[Page 89590]]
Comment: Commenter stated concern that incineration of petroleum
solvents as in dry cleaning filters is not an acceptable process in
Indian Country and that the incineration of petroleum solvents creates
Hazardous Air Pollutants that cause health and environmental justice
issues. The commenter also stated that the outdated compliance schedule
should be replaced with an updated one.
Response: Based on its air quality inspections in Tulsa County, the
ODEQ is not aware of any facilities that incinerate dry cleaning
filters as referenced in this subchapter. In addition, the revision
only clarifies that if a facility were to incinerate the filters, it
can only be allowed if permitted by the appropriate regulatory entity.
It is important to note that this section of the ODEQ rules does not
set requirements that must be met to obtain a permit for incineration
only that there be the appropriate permit which would be the case even
if this provision was not included in the SIP. As such, the revision
does not impact compliance with the Clean Air Act and therefore, EPA
must approve the revision.
The revision also removes the outdated compliance schedule of
October 1, 1986. There is no need to replace this schedule as there is
not a grace period for facilities to get into compliance; existing
facilities should be complying already, and new facilities would need
to begin operations in compliance with this subchapter.
Comment: The commenter stated that there appears to be no
environmental justice issue, but the Muscogee (Creek) Nation would like
to see the EJ report and the reporting decision on the subject matter.
Response: Please see ``EJ Considerations'' document, Doc. ID 0005
in the docket for this action for review of Environmental Justice
information related to this action.
Comment: In their comment, the Chickasaw Nation provides some
background on SAFETEA and the McGirt v. Oklahoma litigation. This
includes the most current status that while EPA proposed the withdrawal
and reconsideration of the October 1, 2020, decision to grant Oklahoma
authorization to administer EPA approved environmental programs in
Indian Country, the October 2020 decision remains in effect until EPA
takes final action. The Chickasaw Nation comments that the EPA's action
on the Oklahoma SIP is premature and the agency should first resolve
the issue of the withdrawal before proceeding with new regulatory
actions under SAFETEA. The commenter recommends that no new actions
that impact Indian country should be taken until a final decision is
made on the October 2020 approval. The Chickasaw Nation also comments
regarding the importance of EPA's federal trust obligations to Indian
tribes including government-to-government consultations and asks that
EPA be more proactive in its fulfillment of federal trust
responsibilities.
Response: As stated in our June 2023 proposal, and by the
commenter, the State retains its authority to administer authorized
programs in certain areas of Indian country pursuant to the October 1,
2020, approval under SAFETEA while EPA undergoes its reconsideration of
that decision. The State's authority includes the implementation the
SIP in areas of Indian country included in the October 2020 approval
and in non-reservation areas of Indian country pursuant to ODEQ v EPA.
As also noted in the June 2023 proposal, EPA may make further changes
to this final approval of Oklahoma's program to reflect the outcome of
the proposed withdrawal and reconsideration of the October 1, 2020,
SAFETEA approval. EPA notes that the litigation involving the October
2020 decision is currently being held in abeyance pending the outcome
of EPA's reconsideration. EPA takes seriously its general federal trust
responsibility to tribes. By example, EPA has engaged with and offered
consultation to all affected Oklahoma tribes on this matter. EPA
intends to continue its engagement with tribes on relevant matters,
including on actions related to approvals in Oklahoma and with regards
to SAFETEA.
III. Final Action
We are approving portions of a SIP revision submitted to the EPA by
the State of Oklahoma on January 30, 2023. Specifically, we are
approving the revisions to OAC 252:100, Subchapters 37 (Control of
Emission of Volatile Organic Compounds (VOCs), and 39 (Emission of
Volatile Organic Compounds (VOCs) in Nonattainment Areas and Former
Nonattainment Areas). We are approving these revisions in accordance
with section 110 of the Act.
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 described in Section III of
this preamble, Final Action. The revised regulations address VOC
emissions. 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 sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated in the
next update to the SIP compilation.
V. Impact on Areas of Indian Country
As stated in the proposed action, on October 1, 2020, the EPA
approved Oklahoma's request to administer all the State's EPA-approved
environmental regulatory programs, including the Oklahoma SIP, in the
requested areas of Indian country pursuant to section 10211(a) of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act of
2005: A Legacy for Users, Public Law 109-59, 119 Stat. 1144, 1937
(August 10, 2005) (``SAFETEA'').\3\
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\3\ A copy of EPA's October 1, 2020, approval can be found in
the docket for this rulemaking on the https://www.regulations.gov
website. See Document ID No. XXXXX
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As requested by Oklahoma, the EPA's approval under SAFETEA does not
include Indian country lands, including rights-of-way running through
the same, that: (1) qualify as Indian allotments, the Indian titles to
which have not been extinguished, under 18 U.S.C. 1151(c); (2) are held
in trust by the United States on behalf of an individual Indian or
Tribe; or (3) are owned in fee by a Tribe, if the Tribe (a) acquired
that fee title to such land, or an area that included such land, in
accordance with a treaty with the United States to which such Tribe was
a party, and (b) never allotted the land to a member or citizen of the
Tribe (collectively ``excluded Indian country lands''). 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).
As explained earlier in this action, the EPA is approving revisions
to portions of the Oklahoma SIP that were submitted by the State of
Oklahoma on January 24, 2023. More specifically, we are approving a
revision providing clarification to OAC 252:100-37-16 of Subchapter 37,
Control of Emission of Volatile Organic Compounds (VOCs)
[[Page 89591]]
and amending language and correcting approval process for OAC 252:100-
39-45 of Subchapter 39, Emission of Volatile Organic Compounds (VOCs)
in Nonattainment Areas and Former Nonattainment Areas, in the Oklahoma
Administrative Code Title 252, Chapter 100, Oklahoma Department of
Environmental Quality. Consistent with the D.C. Circuit's decision in
ODEQ v. EPA and with EPA's October 1, 2020, SAFETEA approval, 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, SAFETEA
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.\4\
---------------------------------------------------------------------------
\4\ In accordance with Executive Order 13990, EPA is currently
reviewing our October 1, 2020 SAFETEA approval and expects to engage
in further discussions with tribal governments and the State of
Oklahoma as part of this review. EPA notes that the SAFETEA 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. Although EPA is approving these revisions
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 proposed withdrawal and reconsideration of the
October 1, 2020, SAFETEA approval.
---------------------------------------------------------------------------
VI. Environmental Justice Considerations
As stated in our June 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 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
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).
This final action approves new rules into the Oklahoma SIP that are
anticipated to add clarification and consistency to the SIP and 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.\5\ We received one request for tribal consultation from
the Muscogee Nation and provided such on August 10, 2023.
---------------------------------------------------------------------------
\5\ See invitation for consultation, dated June 8, 2023, in the
docket for this action.
---------------------------------------------------------------------------
VII. 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 June 8, 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 and provided consultation
on August 10, 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
[[Page 89592]]
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 February 26, 2024. 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: December 19, 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 revising entries for 252:100-37-16
and 252:100-39-45 to read as follows:
Sec. 52.1920 Identification of plan
* * * * *
(c) * * *
EPA Approved Oklahoma Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
CHAPTER 100 (OAC 252:100). AIR POLLUTION CONTROL
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 37. Control of Emission of Volatile Organic Compounds (VOC)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
PART 5. Control of VOCs in Coating Operations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
252:100-37-16.................... Loading of VOCs.... 9/15/2020 12/28/2023, [Insert ...................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter 39. Emission of Volatile Organic Compounds (VOCs) in Nonattainment Areas and Former Nonattainment
Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
PART 7. Specific Operations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
252:100-39-45.................... Petroleum (solvent) 9/15/2020 12/28/2023. [Insert ...................
dry cleaning. Federal Register
citation].
* * * * * * *
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[[Page 89593]]
[FR Doc. 2023-28496 Filed 12-27-23; 8:45 am]
BILLING CODE 6560-50-P
