National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Oklahoma, 26213-26221 [2025-11265]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 90, Number 117 (Friday, June 20, 2025)]
[Rules and Regulations]
[Pages 26213-26221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11265]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[EPA-R06-OAR-2020-0086; FRL-12482-02-R6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Oklahoma Department of Environmental Quality (ODEQ) has 
submitted updated regulations for receiving delegation and approval of 
its program for the implementation and enforcement of certain National 
Emission Standards for Hazardous Air Pollutants (NESHAP) for all 
sources, as provided for under previously approved delegation 
mechanisms. The updated State regulations incorporate by reference 
certain NESHAP promulgated by the Environmental Protection Agency 
(EPA), as they existed through June 30, 2022. The EPA is providing 
notice that it is taking final action to approve the delegation of 
certain NESHAP to ODEQ. The final delegation of authority under this 
action applies to sources located in certain areas of Indian country as 
discussed herein.

DATES: This rule is effective on July 21, 2025.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2020-0086. 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 and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through https://www.regulations.gov or 
in hard copy at the EPA Region 6, 1201 Elm Street, Suite 500, Dallas, 
Texas 75270.

FOR FURTHER INFORMATION CONTACT: Rick Barrett, EPA Region 6 Office, Air 
Permits Section (ARPE), 214-665-7227, [email protected]. 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 wherever ``we,'' 
``us,'' and ``our'' is used, we mean the EPA.

Table of Contents

I. Background

[[Page 26214]]

II. What does this action do?
III. What is the authority for delegation?
IV. What criteria must Oklahoma's program meet to be approved?
V. How did ODEQ meet the NESHAP program approval criteria?
VI. What is being delegated?
VII. What is not being delegated?
VIII. How will statutory and regulatory interpretations be made?
IX. What authority does the EPA have?
X. What information must ODEQ provide to the EPA?
XI. What is the EPA's oversight role?
XII. Should sources submit notices to the EPA or ODEQ?
XIII. How will unchanged authorities be delegated to ODEQ in the 
future?
XIV. Impact on Areas of Indian Country
XV. Final Action
XVI. Statutory and Executive Order Reviews

I. Background

    The background for this action is discussed in detail in our 
December 23, 2024, proposal (89 FR 104481). In that document we 
proposed to approve a request from the Oklahoma Department of 
Environmental Quality (ODEQ) to update its existing NESHAP regulations 
for receiving delegation and approval of its program for the 
implementation and enforcement of certain National Emission Standards 
for Hazardous Air Pollutants (NESHAP) for all sources (both part 70 and 
non-part 70 sources), as provided for under previously approved 
delegation mechanisms. We received no comments on the proposed 
rulemaking action, and we will not be making any changes to our 
proposal.

II. What does this action do?

    The EPA is providing notice that it is taking final action to 
approve ODEQ's request updating the delegation of certain NESHAP. With 
this delegation, ODEQ has the primary responsibility to implement and 
enforce the delegated standards. See sections VI and VII, below, for a 
discussion of which standards are being delegated and which are not 
being delegated.

III. What is the authority for delegation?

    Section 112(l) of the Clean Air Act (CAA), and 40 CFR part 63, 
subpart E, authorize the EPA to delegate authority to any State or 
local agency which submits adequate regulatory procedures for 
implementation and enforcement of emission standards for hazardous air 
pollutants. The hazardous air pollutant standards are codified at 40 
CFR parts 61 and 63.

IV. What criteria must Oklahoma's program meet to be approved?

    Section 112(l)(5) of the CAA requires the EPA to disapprove any 
program submitted by a State for the delegation of NESHAP standards if 
the EPA determines that:
    (A) the authorities contained in the program are not adequate to 
assure compliance by the sources within the State with respect to each 
applicable standard, regulation, or requirement established under 
section 112;
    (B) adequate authority does not exist, or adequate resources are 
not available, to implement the program;
    (C) the schedule for implementing the program and assuring 
compliance by affected sources is not sufficiently expeditious; or
    (D) the program is otherwise not in compliance with the guidance 
issued by the EPA under section 112(l)(2) or is not likely to satisfy, 
in whole or in part, the objectives of the CAA.
    In carrying out its responsibilities under section 112(l), the EPA 
promulgated regulations at 40 CFR part 63, subpart E setting forth 
criteria for the approval of submitted programs. For example, in order 
to obtain approval of a program to implement and enforce CAA section 
112 rules as promulgated without changes (straight delegation) for part 
70 sources, a State must demonstrate that it meets the criteria of 40 
CFR 63.91(d). 40 CFR 63.91(d)(3) provides that interim or final Title V 
program approval will satisfy the criteria of 40 CFR 63.91(d).\1\ The 
NESHAP delegation for Oklahoma, as it applies to both part 70 and non-
part 70 sources, was most recently approved on July 21, 2022 (87 FR 
43412).
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    \1\ Some NESHAP standards do not require a source to obtain a 
Title V permit (e.g., certain area sources that are exempt from the 
requirement to obtain a Title V permit). For these non-Title V 
sources, the EPA believes that the State must assure the EPA that it 
can implement and enforce the NESHAP for such sources. See 65 FR 
55810, 55813 (September 14, 2000). The EPA previously approved 
Oklahoma's program to implement and enforce the NESHAP as they apply 
to non-part 70 sources. See 66 FR 1584 (January 9, 2001).
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V. How did ODEQ meet the NESHAP program approval criteria?

    As to the NESHAP standards in 40 CFR parts 61 and 63, as part of 
its Title V submission ODEQ stated that it intended to use the 
mechanism of incorporation by reference to adopt unchanged Federal 
section 112 standards into its regulations. This commitment applied to 
both existing and future standards as they applied to part 70 sources. 
The EPA's final interim approval of Oklahoma's Title V operating 
permits program delegated the authority to implement certain NESHAP, 
effective March 6, 1996 (61 FR 4220, February 5, 1996). On December 5, 
2001, the EPA promulgated full approval of the State's operating 
permits program, effective November 30, 2001 (66 FR 63170). These 
interim and final Title V program approvals satisfy the up-front 
approval criteria of 40 CFR 63.91(d). Under 40 CFR 63.91(d)(2), once a 
State has satisfied up-front approval criteria, it needs only to 
reference the previous demonstration and reaffirm that it still meets 
the criteria for any subsequent submittals of the section 112 
standards. ODEQ has affirmed that it still meets the up-front approval 
criteria. With respect to non-part 70 sources, the EPA has previously 
approved delegation of NESHAP authorities to ODEQ after finding 
adequate authorities to implement and enforce the NESHAP for such 
sources. See 66 FR 1584 (January 9, 2001).

VI. What is being delegated?

    By letter dated December 2, 2021, ODEQ requested the EPA to update 
its existing NESHAP delegation. With certain exceptions noted in 
section VI of this document, Oklahoma's request included NESHAPs in 40 
CFR parts 61 and 63. ODEQ's request included newly incorporated NESHAPs 
promulgated by the EPA and amendments to existing standards currently 
delegated, as amended between June 30, 2019, and June 30, 2020, as 
adopted by the State.
    By letter dated October 17, 2022, the EPA received a request from 
ODEQ to update its existing NESHAP delegation. With certain exceptions 
noted in section VI of this document, ODEQ's request includes certain 
NESHAP in 40 CFR parts 61 and 63. ODEQ's request included newly 
incorporated NESHAPs promulgated by the EPA and amendments to existing 
standards currently delegated, as amended between June 30, 2020, and 
June 30, 2021, as adopted by the State.
    More recently, by letter dated November 30, 2023, the EPA received 
a request from ODEQ to update its existing NESHAP delegation. With 
certain exceptions noted in section VI of this document, ODEQ's request 
includes certain NESHAP in 40 CFR parts 61 and 63. ODEQ's request 
included newly incorporated NESHAPs promulgated by the EPA and 
amendments to existing standards currently delegated, as amended 
between June 30, 2021, and June 30, 2022, as adopted by the State.

VII. What is not being delegated?

    All authorities not affirmatively and expressly delegated by this 
action will not be delegated. These include the following parts 61 and 
63 authorities listed below:
     40 CFR part 61, subpart B (National Emission Standards for 
Radon

[[Page 26215]]

Emissions from Underground Uranium Mines);
     40 CFR part 61, subpart H (National Emission Standards for 
Emissions of Radionuclides Other Than Radon from Department of Energy 
Facilities);
     40 CFR part 61, subpart I (National Emission Standards for 
Radionuclide Emissions from Federal Facilities Other Than Nuclear 
Regulatory Commission Licensees and Not Covered by Subpart H);
     40 CFR part 61, subpart K (National Emission Standards for 
Radionuclide Emissions from Elemental Phosphorus Plants);
     40 CFR part 61, subpart Q (National Emission Standards for 
Radon Emissions from Department of Energy facilities);
     40 CFR part 61, subpart R (National Emission Standards for 
Radon Emissions from Phosphogypsum Stacks);
     40 CFR part 61, subpart T (National Emission Standards for 
Radon Emissions from the Disposal of Uranium Mill Tailings); and
     40 CFR part 61, subpart W (National Emission Standards for 
Radon Emissions from Operating Mill Tailings).
    In addition, the EPA regulations provide that we cannot delegate to 
a State any of the Category II Subpart A authorities set forth in 40 
CFR 63.91(g)(2). These include the following provisions: Sec.  63.6(g), 
Approval of Alternative Non-Opacity Standards; Sec.  63.6(h)(9), 
Approval of Alternative Opacity Standards; Sec.  63.7(e)(2)(ii) and 
(f), Approval of Major Alternatives to Test Methods; Sec.  63.8(f), 
Approval of Major Alternatives to Monitoring; and Sec.  63.10(f), 
Approval of Major Alternatives to Recordkeeping and Reporting. Also, 
some 40 CFR parts 61 and 63 standards have certain provisions that 
cannot be delegated to the States as outlined in specific subparts. 
Furthermore, no authorities are being approved for delegation that 
require rulemaking in the Federal Register to implement, or where 
Federal overview is the only way to ensure national consistency in the 
application of the standards or requirements of CAA section 112. 
Finally, this action does not approve delegation of any authority under 
section 112(r), the accidental release program.
    All questions concerning implementation and enforcement of the 
excluded standards in the State of Oklahoma should be directed to the 
EPA Region 6 Office.
    The EPA is making a determination that the NESHAP program submitted 
by Oklahoma meets the applicable requirements of CAA section 112(l)(5) 
and 40 CFR part 63, subpart E.
    As more fully discussed in section XIV of this document, the final 
delegation to ODEQ to implement and enforce certain NESHAP extends to 
sources or activities located in certain areas of Indian country, as 
described below in section XIV.

VIII. How will statutory and regulatory interpretations be made?

    In approving the NESHAP delegation, ODEQ will obtain concurrence 
from the EPA on any matter involving the interpretation of section 112 
of the CAA or 40 CFR parts 61 and 63 to the extent that implementation, 
administration, or enforcement of these sections have not been covered 
by prior EPA determinations or guidance.

IX. What authority does the EPA have?

    We retain the right, as provided by CAA section 112(l)(7) and 40 
CFR 63.90(d)(2), to enforce any applicable emission standard or 
requirement under section 112. In addition, the EPA may enforce any 
federally approved State rule, requirement, or program under 40 CFR 
63.90(e) and 63.91(c)(1)(i). The EPA also has the authority to make 
certain decisions under the General Provisions (subpart A) of parts 61 
and 63. We are delegating to the ODEQ some of these authorities, and 
retaining others, as explained in sections VI and VII above. In 
addition, the EPA may review and disapprove State determinations and 
subsequently require corrections. See 40 CFR 63.91(g)(1)(ii). The EPA 
also has the authority to review ODEQ's implementation and enforcement 
of approved rules or programs and to withdraw approval if we find 
inadequate implementation or enforcement. See 40 CFR 63.96.
    Furthermore, we retain the authority in an individual emission 
standard that may not be delegated according to provisions of the 
standard. Finally, we retain the authorities stated in the original 
delegation agreement. See ``Provisions for the Implementation and 
Enforcement of NSPS and NESHAP in Oklahoma,'' effective March 25, 1982, 
a copy of which is included in the docket for this action.
    A table of currently delegated NESHAP standards and the final 
updated NESHAP delegation may be found in the Technical Support 
Document (TSD) included in the docket for this action. The table also 
shows the authorities that cannot be delegated to any State or local 
agency.

X. What information must ODEQ provide to the EPA?

    ODEQ must provide any additional compliance related information to 
the EPA, Region 6, Office of Enforcement and Compliance Assurance, 
within 45 days of a request under 40 CFR 63.96(a). In receiving 
delegation for specific General Provisions authorities, ODEQ must 
submit to EPA Region 6 on a semi-annual basis, copies of determinations 
issued under these authorities. See 40 CFR 63.91(g)(1)(ii). For part 63 
standards, these determinations include: Sec.  63.1, Applicability 
Determinations; Sec.  63.6(e), Operation and Maintenance Requirements--
Responsibility for Determining Compliance; Sec.  63.6(f), Compliance 
with Non-Opacity Standards--Responsibility for Determining Compliance; 
Sec.  63.6(h), Compliance with Opacity and Visible Emissions 
Standards--Responsibility for Determining Compliance; Sec.  
63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans; Sec.  
63.7(e)(2)(i), Approval of Minor Alternatives to Test Methods; Sec.  
63.7(e)(2)(ii) and (f), Approval of Intermediate Alternatives to Test 
Methods; Sec.  63.7(e)(iii), Approval of Shorter Sampling Times and 
Volumes When Necessitated by Process Variables or Other Factors; Sec.  
63.7(e)(2)(iv), (h)(2) and (3), Waiver of Performance Testing; Sec.  
63.8(c)(1) and (e)(1), Approval of Site-Specific Performance Evaluation 
(Monitoring) Test Plans; Sec.  63.8(f), Approval of Minor Alternatives 
to Monitoring; Sec.  63.8(f), Approval of Intermediate Alternatives to 
Monitoring; Sec. Sec.  63.9 and 63.10, Approval of Adjustments to Time 
Periods for Submitting Reports; Sec.  63.10(f), Approval of Minor 
Alternatives to Recordkeeping and Reporting; and Sec.  63.7(a)(4), 
Extension of Performance Test Deadline.

XI. What is the EPA's oversight role?

    The EPA must oversee ODEQ's decisions to ensure the delegated 
authorities are being adequately implemented and enforced. We will 
integrate oversight of the delegated authorities into the existing 
mechanisms and resources for oversight currently in place. If, during 
oversight, we determine that ODEQ has made decisions that decrease the 
stringency of the delegated standards, then ODEQ shall be required to 
take corrective actions and the source(s) affected by the decisions 
will be notified, as required by 40 CFR 63.91(b) and (g)(1)(ii). We 
will initiate withdrawal of the program or rule if the corrective 
actions taken are insufficient. See 51 FR 20648 (June 6, 1986).

[[Page 26216]]

XII. Should sources submit notices to the EPA or ODEQ?

    For the delegated NESHAP standards and authorities covered by this 
action, sources would submit all of the information required pursuant 
to the general provisions and the relevant subpart(s) of the delegated 
NESHAP (40 CFR parts 61 and 63) directly via electronic submittal to 
online EPA database portals that are specified in each rule, and also 
as paper submittals to the ODEQ at the following address: Oklahoma 
Department of Environmental Quality, 707 North Robinson, P.O. Box 1677, 
Oklahoma City, Oklahoma 73101-1677. The ODEQ is the primary point of 
contact with respect to delegated NESHAP. The EPA Region 6 waives the 
requirement that courtesy notifications and reports for delegated 
standards be submitted to the EPA in addition to ODEQ in accordance 
with 40 CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii).\2\ For those standards 
and authorities not delegated as discussed above, sources must continue 
to submit all appropriate information to the EPA.
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    \2\ This waiver only extends to the submission of copies of 
notifications and reports; the EPA does not waive the requirements 
in delegated standards that require notifications and reports be 
submitted to an electronic database (e.g., 40 CFR part 63, subpart 
HHHHHHH).
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XIII. How will unchanged authorities be delegated to ODEQ in the 
future?

    As stated in previous NESHAP delegation actions, the EPA has 
approved Oklahoma's mechanism of incorporation by reference of NESHAP 
standards into ODEQ regulations, as they apply to both part 70 and non-
part 70 sources. See, e.g., 61 FR 4224 (February 5, 1996) and 66 FR 
1584 (January 9, 2001). Consistent with the EPA regulations and 
guidance,\3\ ODEQ may request future updates to Oklahoma's NESHAP 
delegation by submitting a letter to the EPA that appropriately 
identifies the specific NESHAP which have been incorporated by 
reference into State rules, reaffirms that it still meets up-front 
approval delegation criteria for part 70 sources, and demonstrates that 
ODEQ maintains adequate authorities and resources to implement and 
enforce the delegated NESHAP requirements for all sources. We will 
respond in writing to the request stating that the request for 
delegation is either approved or denied. A Federal Register action will 
be published to inform the public and affected sources of the updated 
delegation, indicate where source notifications and reports should be 
sent, and amend the relevant portions of the Code of Federal 
Regulations identifying which NESHAP standards have been delegated to 
the ODEQ.
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    \3\ See Harardous Air Pollutants: Amendments to the Approval of 
State Programs and Delegation of Federal Authorities, Final Rule (65 
FR 55810, September 14, 2000); and ``Straight Delegation Issues 
Concerning Sections 111 and 112 Requirements and Title V,'' by John 
S. Seitz, Director of Air Qualirty Planning and Standards, EPA, 
dated December 10, 1993.
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XIV. Impact on Areas of Indian Country

    Following the U.S. Supreme Court decision in McGirt v Oklahoma, 140 
S. Ct. 2452 (2020), the Governor of the State of Oklahoma requested 
approval under Section 10211(a) of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act of 2005: A Legacy for Users, Pubic 
Law 109-59, 119 Stat. 1144, 1937 (August 10, 2005) (``SAFETEA''), to 
administer in certain areas of Indian country (as defined at 18 U.S.C. 
1151) the State's environmental regulatory programs that were 
previously approved by the EPA outside of Indian country. The State's 
request excluded certain areas of Indian country further described 
below.
    The EPA has approved Oklahoma's SAFETEA request to administer all 
of the State's EPA-approved environmental regulatory programs in the 
requested areas of Indian country. As requested by Oklahoma, the EPA's 
approval under SAFETEA does not include Indian country lands, including 
rights-of-way running through the same, that: (1) qualify as Indian 
allotments, the Indian titles to which have not been extinguished, 
under 18 U.S.C. 1151(c); (2) are held in trust by the United States on 
behalf of an individual Indian or Tribe; or (3) are owned in fee by a 
Tribe, if the Tribe (a) acquired that fee title to such land, or an 
area that included such land, in accordance with a treaty with the 
United States to which such Tribe was a party, and (b) never allotted 
the land to a member or citizen of the Tribe (collectively ``excluded 
Indian country lands'').
    The EPA's approval under SAFETEA expressly provided that to the 
extent the EPA's prior approvals of Oklahoma's environmental programs 
excluded Indian country, any such exclusions are superseded for the 
geographic areas of Indian country covered by the EPA's approval of 
Oklahoma's SAFETEA request.\4\ The approval also provided that future 
revisions or amendments to Oklahoma's approved environmental regulatory 
programs would extend to the covered areas of Indian country (without 
any further need for additional requests under SAFETEA).
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    \4\ EPA's prior approvals relating to Oklahoma's NESHAP 
delegation frequently noted that the NESHAP delegation was approved 
to apply in areas of Indian country located in the State in 
accordance with the EPA's approval of Oklahoma's SAFETEA request. 
See, e.g., 87 FR 43412 (July 21, 2022).
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    As explained above, the EPA is approving an update to the Oklahoma 
NESHAP delegation which will apply statewide in Oklahoma. Consistent 
with the EPA's SAFETEA approval, this NESHAP delegation will apply to 
areas of Indian country pursuant to the SAFETEA approval, including to 
all Indian country in the State of Oklahoma other than the excluded 
Indian country lands as described above.

XV. Final Action

    EPA is taking final action to approve an update to the Oklahoma 
NESHAP delegation that would provide the ODEQ with the authority to 
implement and enforce certain newly incorporated NESHAP promulgated by 
the EPA and amendments to existing standards currently delegated, as 
they existed though June 30, 2022. This final delegation to ODEQ 
extends to sources and activities located in certain areas of Indian 
country, as explained in section XIV above.

XVI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator has the authority to approve 
section 112(l) submissions that comply with the provisions of the Act 
and applicable Federal regulations. In reviewing section 112(l) 
submissions, the EPA's role is to approve state choices, provided that 
they meet the criteria and objectives of the CAA and the EPA's 
implementing regulations. Accordingly, this action merely approves the 
State's request as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by State law. For that 
reason, this action:

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action as defined in 
Executive Order 12866 (58 FR 51735, October 4, 1993) and was therefore 
not submitted to the Office of Management and Budget (OMB) for review.

B. Executive Order 14192: Unleashing Prosperity Through Deregulation

    This action is not an Executive Order 14192 regulatory action 
because this action is not significant under Executive Order 12866.

[[Page 26217]]

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA (44 U.S.C. 3501 et seq.) because it does not impose an 
information collection burden.

D. Regulatory Flexibility Act (RFA)

    This action is certified to not have a significant economic impact 
on a substantial number of small entities under the RFA (5 U.S.C. 601 
et seq.). This action approves the delegation of federal rules as 
requested by the state agency and will therefore have no net regulatory 
burden for all directly regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action imposes no enforceable duty on any 
State, local, or tribal governments or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This final approval of revisions to the Oklahoma SIP that update 
the Oklahoma NESHAP delegation will apply to certain areas of Indian 
country throughout Oklahoma as discussed in the preamble, and therefore 
has tribal implications as specified in E.O. 13175 (65 FR 67249, 
November 9, 2000). However, this action will neither impose substantial 
direct compliance costs on federally recognized tribal governments, nor 
preempt tribal law. This action will not impose substantial direct 
compliance costs on federally recognized tribal governments because no 
actions will be required of tribal governments. This action will also 
not preempt tribal law as no Oklahoma tribe implements a regulatory 
program under the CAA and thus does not have applicable or related 
tribal laws. Consistent with the EPA Policy on Consultation and 
Coordination with Indian Tribes (December 7, 2023), the EPA has offered 
consultation to all 38 Tribal governments whose lands are located 
within the exterior boundaries of the State of Oklahoma and that may be 
affected by this action and provided information about this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to 
regulatory actions considered significant under section 3(f)(1) of 
Executive Order 12866 and that concern environmental health or safety 
risks that EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of Executive Order 13045. This action is not subject to 
Executive Order 13045 because it approves a state program.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because it is not a significant regulatory action under 
Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards. This action 
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 Clean Air Act.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 19, 2025. 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

40 CFR Part 61

    Environmental protection, Air pollution control, Hazardous 
substances, Intergovernmental relations, Radioactive materials, 
Reporting and recordkeeping requirements, Uranium, Vinyl chloride.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Business and industry, Carbon oxides, Hazardous 
substances, Intergovernmental relations, Nitrogen oxides, Ozone, 
Reporting and recordkeeping requirements, Sulfur oxides, Volatile 
organic compounds.

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

    Dated: June 11, 2025.
James McDonald,
Director, Air and Radiation Division, Region 6.

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

PART 61--NATIONAL EMISSON STANDARDS FOR HAZARDOUS AIR POLLUTANTS

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

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

Subpart A--General Provisions

0
2. Section 61.04 is amended by revising paragraphs (b)(38) and 
(c)(6)(iv) to read as follows:


Sec.  61.04  Address.

* * * * *
    (b) * * *
    (38) State of Oklahoma, Oklahoma Department of Environmental 
Quality, Air Quality Division, P.O. Box 1677, Oklahoma City, OK 73101-
1677. For a list of delegated standards for Oklahoma see paragraph 
(c)(6) of this section.
* * * * *
    (c) * * *
    (6) * * *
    (iv) Oklahoma. The Oklahoma Department of Environmental Quality 
(ODEQ) has been delegated the following part 61 standards promulgated 
by EPA, as amended in the Federal Register through June 30, 2022. The 
(X) symbol is used to indicate each subpart that has been delegated.

[[Page 26218]]



Table 4 to Paragraph (c)(6)(iv)--Delegation Status for National Emission
 Standards for Hazardous Air Pollutants (Part 61 Standards) for Oklahoma
                   Department of Environmental Quality
     [Applies to sources located in certain areas of Indian country]
------------------------------------------------------------------------
           Subpart                   Source category          ODEQ \1\
------------------------------------------------------------------------
A...........................  General Provisions..........            X
B...........................  Radon Emissions From          ............
                               Underground Uranium Mines.
C...........................  Beryllium...................            X
D...........................  Beryllium Rocket Motor                  X
                               Firing.
E...........................  Mercury.....................            X
F...........................  Vinyl Chloride..............            X
G...........................  (Reserved)..................  ............
H...........................  Emissions of Radionuclides    ............
                               Other Than Radon From
                               Department of Energy
                               Facilities.
I...........................  Radionuclide Emissions From   ............
                               Federal Facilities Other
                               Than Nuclear Regulatory
                               Commission Licensees and
                               Not Covered by Subpart H.
J...........................  Equipment Leaks (Fugitive               X
                               Emission Sources) of
                               Benzene.
K...........................  Radionuclide Emissions From   ............
                               Elemental Phosphorus Plants.
L...........................  Benzene Emissions From Coke             X
                               By-Product Recovery Plants.
M...........................  Asbestos....................            X
N...........................  Inorganic Arsenic Emissions             X
                               From Glass Manufacturing
                               Plants.
O...........................  Inorganic Arsenic Emissions             X
                               From Primary Copper
                               Smelters.
P...........................  Inorganic Arsenic Emissions             X
                               From Arsenic Trioxide and
                               Metallic Arsenic Production
                               Facilities.
Q...........................  Radon Emissions From          ............
                               Department of Energy
                               Facilities.
R...........................  Radon Emissions From          ............
                               Phosphogypsum Stacks.
S...........................  (Reserved)..................  ............
T...........................  Radon Emissions From the      ............
                               Disposal of Uranium Mill
                               Tailings.
U...........................  (Reserved)..................  ............
V...........................  Equipment Leaks (Fugitives              X
                               Emission Sources).
W...........................  Radon Emissions From          ............
                               Operating Mill Tailings.
X...........................  (Reserved)..................  ............
Y...........................  Benzene Emissions From                  X
                               Benzene Storage Vessels.
Z-AA........................  (Reserved)..................  ............
BB..........................  Benzene Emissions From                  X
                               Benzene Transfer Operations.
CC-EE.......................  (Reserved)..................  ............
FF..........................  Benzene Waste Operations....            X
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
  (ODEQ).

* * * * *

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

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

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

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

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


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (37) Oklahoma. (i) The following table lists the specific part 63 
standards that have been delegated unchanged to the Oklahoma Department 
of Environmental Quality for all sources. The ``X'' symbol is used to 
indicate each subpart that has been delegated. The delegations are 
subject to all of the conditions and limitations set forth in Federal 
law, regulations, policy, guidance, and determinations. Some 
authorities cannot be delegated and are retained by EPA. These include 
certain General Provisions authorities and specific parts of some 
standards. Any amendments made to these rules after June 30, 2022, are 
not delegated.

     Table 14 to Paragraph (a)(37)(i)--Delegation Status for Part 63
                      Standards--State of Oklahoma
     [Applies to sources located in certain areas of Indian country]
------------------------------------------------------------------------
            Subpart                   Source category         ODEQ 1 2
------------------------------------------------------------------------
A..............................  General Provisions.......            X
F..............................  Hazardous Organic NESHAP             X
                                  (HON)--Synthetic Organic
                                  Chemical Manufacturing
                                  Industry (SOCMI).
G..............................  HON--SOCMI Process Vents,            X
                                  Storage Vessels,
                                  Transfer Operations and
                                  Wastewater.
H..............................  HON--Equipment Leaks.....            X
I..............................  HON--Certain Processes               X
                                  Negotiated Equipment
                                  Leak Regulation.
J..............................  Polyvinyl Chloride and           (\3\)
                                  Copolymers Production.
K..............................  (Reserved)...............  ............
L..............................  Coke Oven Batteries......            X
M..............................  Perchloroethylene Dry                X
                                  Cleaning.
N..............................  Chromium Electroplating              X
                                  and Chromium Anodizing
                                  Tanks.
O..............................  Ethylene Oxide                       X
                                  Sterilizers.
P..............................  (Reserved)...............  ............
Q..............................  Industrial Process                   X
                                  Cooling Towers.
R..............................  Gasoline Distribution....            X

[[Page 26219]]

 
S..............................  Pulp and Paper Industry..            X
T..............................  Halogenated Solvent                  X
                                  Cleaning.
U..............................  Group I Polymers and                 X
                                  Resins.
V..............................  (Reserved)...............  ............
W..............................  Epoxy Resins Production              X
                                  and Non-Nylon Polyamides
                                  Production.
X..............................  Secondary Lead Smelting..            X
Y..............................  Marine Tank Vessel                   X
                                  Loading.
Z..............................  (Reserved)...............  ............
AA.............................  Phosphoric Acid                      X
                                  Manufacturing Plants.
BB.............................  Phosphate Fertilizers                X
                                  Production Plants.
CC.............................  Petroleum Refineries.....            X
DD.............................  Off-Site Waste and                   X
                                  Recovery Operations.
EE.............................  Magnetic Tape                        X
                                  Manufacturing.
FF.............................  (Reserved)...............  ............
GG.............................  Aerospace Manufacturing              X
                                  and Rework Facilities.
HH.............................  Oil and Natural Gas                  X
                                  Production Facilities.
II.............................  Shipbuilding and Ship                X
                                  Repair Facilities.
JJ.............................  Wood Furniture                       X
                                  Manufacturing Operations.
KK.............................  Printing and Publishing              X
                                  Industry.
LL.............................  Primary Aluminum                     X
                                  Reduction Plants.
MM.............................  Chemical Recovery                    X
                                  Combustion Sources at
                                  Kraft, Soda, Sulfide,
                                  and Stand-Alone
                                  Semichemical Pulp Mills.
NN.............................  Wool Fiberglass                      X
                                  Manufacturing at Area
                                  Sources.
OO.............................  Tanks--Level 1...........            X
PP.............................  Containers...............            X
QQ.............................  Surface Impoundments.....            X
RR.............................  Individual Drain Systems.            X
SS.............................  Closed Vent Systems,                 X
                                  Control Devices,
                                  Recovery Devices and
                                  Routing to a Fuel Gas
                                  System or a Process.
TT.............................  Equipment Leaks--Control             X
                                  Level 1.
UU.............................  Equipment Leaks--Control             X
                                  Level 2 Standards.
VV.............................  Oil--Water Separators and            X
                                  Organic--Water
                                  Separators.
WW.............................  Storage Vessels (Tanks)--            X
                                  Control Level 2.
XX.............................  Ethylene Manufacturing               X
                                  Process Units Heat
                                  Exchange Systems and
                                  Waste Operations.
YY.............................  Generic Maximum                      X
                                  Achievable Control
                                  Technology Standards.
ZZ-BBB.........................  (Reserved)...............  ............
CCC............................  Steel Pickling--HCI                  X
                                  Process Facilities and
                                  Hydrochloric Acid
                                  Regeneration.
DDD............................  Mineral Wool Production..            X
EEE............................  Hazardous Waste                      X
                                  Combustors.
FFF............................  (Reserved)...............  ............
GGG............................  Pharmaceuticals                      X
                                  Production.
HHH............................  Natural Gas Transmission             X
                                  and Storage Facilities.
III............................  Flexible Polyurethane                X
                                  Foam Production.
JJJ............................  Group IV Polymers and                X
                                  Resins.
KKK............................  (Reserved)...............  ............
LLL............................  Portland Cement                      X
                                  Manufacturing.
MMM............................  Pesticide Active                     X
                                  Ingredient Production.
NNN............................  Wool Fiberglass                      X
                                  Manufacturing.
OOO............................  Amino/Phenolic Resins....            X
PPP............................  Polyether Polyols                    X
                                  Production.
QQQ............................  Primary Copper Smelting..            X
RRR............................  Secondary Aluminum                   X
                                  Production.
SSS............................  (Reserved)...............  ............
TTT............................  Primary Lead Smelting....            X
UUU............................  Petroleum Refineries--               X
                                  Catalytic Cracking
                                  Units, Catalytic
                                  Reforming Units and
                                  Sulfur Recovery Plants.
VVV............................  Publicly Owned Treatment             X
                                  Works (POTW).
WWW............................  (Reserved)...............  ............
XXX............................  Ferroalloys Production:              X
                                  Ferromanganese and
                                  Silicomanganese.
AAAA...........................  Municipal Solid Waste                X
                                  Landfills.
CCCC...........................  Nutritional Yeast                    X
                                  Manufacturing.
DDDD...........................  Plywood and Composite            X \4\
                                  Wood Products.
EEEE...........................  Organic Liquids                      X
                                  Distribution.
FFFF...........................  Misc. Organic Chemical               X
                                  Production and Processes
                                  (MON).
GGGG...........................  Solvent Extraction for               X
                                  Vegetable Oil Production.
HHHH...........................  Wet Formed Fiberglass Mat            X
                                  Production.
IIII...........................  Auto & Light Duty Truck              X
                                  (Surface Coating).
JJJJ...........................  Paper and other Web                  X
                                  (Surface Coating).
KKKK...........................  Metal Can (Surface                   X
                                  Coating).
MMMM...........................  Misc. Metal Parts and                X
                                  Products (Surface
                                  Coating).
NNNN...........................  Surface Coating of Large             X
                                  Appliances.
OOOO...........................  Fabric Printing Coating              X
                                  and Dyeing.

[[Page 26220]]

 
PPPP...........................  Plastic Parts (Surface               X
                                  Coating).
QQQQ...........................  Surface Coating of Wood              X
                                  Building Products.
RRRR...........................  Surface Coating of Metal             X
                                  Furniture.
SSSS...........................  Surface Coating for Metal            X
                                  Coil.
TTTT...........................  Leather Finishing                    X
                                  Operations.
UUUU...........................  Cellulose Production                 X
                                  Manufacture.
VVVV...........................  Boat Manufacturing.......            X
WWWW...........................  Reinforced Plastic                   X
                                  Composites Production.
XXXX...........................  Tire Manufacturing.......            X
YYYY...........................  Combustion Turbines......            X
ZZZZ...........................  Reciprocating Internal               X
                                  Combustion Engines
                                  (RICE).
AAAAA..........................  Lime Manufacturing Plants            X
BBBBB..........................  Semiconductor                        X
                                  Manufacturing.
CCCCC..........................  Coke Ovens: Pushing,                 X
                                  Quenching and Battery
                                  Stacks.
DDDDD..........................  Industrial/Commercial/               X
                                  Institutional Boilers
                                  and Process Heaters
                                  Major Sources.
EEEEE..........................  Iron Foundries...........            X
FFFFF..........................  Integrated Iron and Steel            X
GGGGG..........................  Site Remediation.........            X
HHHHH..........................  Miscellaneous Coating                X
                                  Manufacturing.
IIIII..........................  Mercury Cell Chlor-Alkali            X
                                  Plants.
JJJJJ..........................  Brick and Structural Clay            X
                                  Products Manufacturing.
KKKKK..........................  Clay Ceramics                        X
                                  Manufacturing.
LLLLL..........................  Asphalt Roofing and                  X
                                  Processing.
MMMMM..........................  Flexible Polyurethane                X
                                  Foam Fabrication
                                  Operation.
NNNNN..........................  Hydrochloric Acid                    X
                                  Production, Fumed Silica
                                  Production.
OOOOO..........................  (Reserved)...............  ............
PPPPP..........................  Engine Test Facilities...            X
QQQQQ..........................  Friction Products                    X
                                  Manufacturing.
RRRRR..........................  Taconite Iron Ore                    X
                                  Processing.
SSSSS..........................  Refractory Products                  X
                                  Manufacture.
TTTTT..........................  Primary Magnesium                    X
                                  Refining.
UUUUU..........................  Coal and Oil-Fired               X \5\
                                  Electric Utility Steam
                                  Generating Units.
VVVVV..........................  (Reserved)...............  ............
WWWWW..........................  Hospital Ethylene Oxide              X
                                  Sterilizers.
XXXXX..........................  (Reserved)...............  ............
YYYYY..........................  Electric Arc Furnace                 X
                                  Steelmaking Area Sources.
ZZZZZ..........................  Iron and Steel Foundries             X
                                  Area Sources.
AAAAAA.........................  (Reserved)...............  ............
BBBBBB.........................  Gasoline Distribution                X
                                  Bulk Terminals, Bulk
                                  Plants, and Pipeline
                                  Facilities.
CCCCCC.........................  Gasoline Dispensing                  X
                                  Facilities.
DDDDDD.........................  Polyvinyl Chloride and               X
                                  Copolymers Production
                                  Area Sources.
EEEEEE.........................  Primary Copper Smelting              X
                                  Area Sources.
FFFFFF.........................  Secondary Copper Smelting            X
                                  Area Sources.
GGGGGG.........................  Primary Nonferrous Metals            X
                                  Area Source: Zinc,
                                  Cadmium, and Beryllium.
HHHHHH.........................  Paint Stripping and                  X
                                  Miscellaneous Surface
                                  Coating Operations at
                                  Area Sources.
IIIIII.........................  (Reserved)...............  ............
JJJJJJ.........................  Industrial, Commercial,              X
                                  and Institutional
                                  Boilers Area Sources.
KKKKKK.........................  (Reserved)...............  ............
LLLLLL.........................  Acrylic and Modacrylic               X
                                  Fibers Production Area
                                  Sources.
MMMMMM.........................  Carbon Black Production              X
                                  Area Sources.
NNNNNN.........................  Chemical Manufacturing               X
                                  Area Sources: Chromium
                                  Compounds.
OOOOOO.........................  Flexible Polyurethane                X
                                  Foam Production and
                                  Fabrication Area Sources.
PPPPPP.........................  Lead Acid Battery                    X
                                  Manufacturing Area
                                  Sources.
QQQQQQ.........................  Wood Preserving Area                 X
                                  Sources.
RRRRRR.........................  Clay Ceramics                        X
                                  Manufacturing Area
                                  Sources.
SSSSSS.........................  Glass Manufacturing Area             X
                                  Sources.
TTTTTT.........................  Secondary Nonferrous                 X
                                  Metals Processing Area
                                  Sources.
UUUUUU.........................  (Reserved)...............  ............
VVVVVV.........................  Chemical Manufacturing               X
                                  Area Sources.
WWWWWW.........................  Plating and Polishing                X
                                  Operations Area Sources.
XXXXXX.........................  Metal Fabrication and                X
                                  Finishing Area Sources.
YYYYYY.........................  Ferroalloys Production               X
                                  Facilities Area Sources.
ZZZZZZ.........................  Aluminum, Copper, and                X
                                  Other Nonferrous
                                  Foundries Area Sources.
AAAAAAA........................  Asphalt Processing and               X
                                  Asphalt Roofing
                                  Manufacturing Area
                                  Sources.
BBBBBBB........................  Chemical Preparation                 X
                                  Industry Area Sources.
CCCCCCC........................  Paints and Allied                    X
                                  Products Manufacturing
                                  Area Sources.
DDDDDDD........................  Prepared Feeds Areas                 X
                                  Sources.
EEEEEEE........................  Gold Mine Ore Processing             X
                                  and Production Area
                                  Sources.
FFFFFFF-GGGGGGG................  (Reserved)...............  ............

[[Page 26221]]

 
HHHHHHH........................  Polyvinyl Chloride and               X
                                  Copolymers Production
                                  Major Sources.
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
  (ODEQ).
\2\ Authorities which may not be delegated include: Sec.   63.6(g),
  Approval of Alternative Non-Opacity Emission Standards; Sec.
  63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
  63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test
  Methods; Sec.   63.8(f), Approval of Major Alternatives to Monitoring;
  Sec.   63.10(f), Approval of Major Alternatives to Recordkeeping and
  Reporting; and all authorities identified in the subparts (e.g., under
  ``Delegation of Authority'') that cannot be delegated.
\3\ The ODEQ has adopted this subpart unchanged and applied for
  delegation of the standard. The subpart was vacated and remanded to
  EPA by the United States Court of Appeals for the District of Columbia
  Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d
  1232 (D.C. Cir. 2004). Because of the DC Court's holding, this subpart
  is not delegated to ODEQ at this time.
\4\ This subpart was issued a partial vacatur by the United States Court
  of Appeals for the District of Columbia Circuit. See 72 FR 61060
  (October 29, 2007).
\5\ Final Supplemental Finding that it is appropriate and necessary to
  regulate HAP emissions from Coal- and Oil-fired EUSGU Units. See 81 FR
  24420 (April 25, 2016).

    (ii) [Reserved]
* * * * *
[FR Doc. 2025-11265 Filed 6-18-25; 8:45 am]
BILLING CODE 6560-50-P