[Federal Register Volume 70, Number 238 (Tuesday, December 13, 2005)]
[Rules and Regulations]
[Pages 73595-73604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23970]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 61 and 63
[R06-OAR-2005-OK-0003; FRL-8006-7]
National Emission Standards for Hazardous Air Pollutants;
Delegation of Authority to Oklahoma Department of Environmental Quality
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; delegation of authority.
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SUMMARY: The Oklahoma Department of Environmental Quality (ODEQ) has
submitted updated regulations for receiving delegation of EPA authority
for implementation and enforcement of National Emission Standards for
Hazardous Air Pollutants (NESHAPs) for all sources. These regulations
apply to certain NESHAPs promulgated by
[[Page 73596]]
EPA, as amended through September 1, 2004. The delegation of authority
under this notice applies only to sources located in Oklahoma, and does
not extend to sources located in Indian country. EPA is providing
notice that it is taking direct final action to approve the delegation
of certain NESHAPs to ODEQ.
DATES: This rule is effective on February 13, 2006 without further
notice, unless EPA receives relevant adverse comment by January 12,
2006. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Submit your comments, identified by Regional Materials in
EDocket (RME) ID No. R06-OAR-2005-OK-0003, by one of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://docket.epa.gov/rmepub/, Regional
Materials in EDocket (RME), EPA's electronic public docket and comment
system, is EPA's preferred method for receiving comments. Once in the
system, select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
comments.
U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
E-mail: Jeff Robinson at [email protected].
Fax: Mr. Jeff Robinson, Air Permits Section (6PD-R), at
fax number 214-665-7263.
Mail: Mr. Jeff Robinson, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
Hand or Courier Delivery: Mr. Jeff Robinson, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only
between the hours of 8 a.m. and 4 p.m. weekdays except for legal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Regional Materials in EDocket
(RME) ID No. R06-OAR-2005-OK-0003. EPA's policy is that all comments
received will be included in the public file without change, change and
may be made available online at http://docket.epa.gov/rmepub/,
including any personal information provided, unless the comment
includes information claimed to be Confidential Business Information
(CBI) or other information the disclosure of which is restricted by
statute. Do not submit information through Regional Material in EDocket
(RME), regulations.gov, or e-mail if you believe that it is CBI or
otherwise protected from disclosure. The EPA RME Web site and the
Federal regulations.gov are ``anonymous access'' systems, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through RME or regulations.gov, your e-
mail address will be automatically captured and included as part of the
comment that is placed in the public file and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
Regional Materials in EDocket (RME) index at http://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in RME or in the official file which is
available at the Air Permitting Section (6PD-R), Environmental
Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733. The file will be made available by appointment for public
inspection in the Region 6 FOIA Review Room between the hours of 8:30
a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the
person listed in the FOR FURTHER INFORMATION CONTACT paragraph below to
make an appointment. If possible, please make the appointment at least
two working days in advance of your visit. There will be a 15 cent per
page fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
The delegation request is also available for public inspection at
the State Air Agency listed below during official business hours by
appointment:
Oklahoma Department of Environmental Quality, Air Quality Division,
707 North Robinson, Oklahoma City, Oklahoma 73101.
FOR FURTHER INFORMATION CONTACT: Mr. Jeff Robinson, U.S. EPA, Region 6,
Multimedia Planning and Permitting Division (6PD), 1445 Ross Avenue,
Dallas, TX 75202-2733, telephone (214) 665-6435; fax number 214-665-
7263; or electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. General Information
II. What Does This Action Do?
III. What Is the Authority for Delegation?
IV. What Criteria Must ODEQ Program Meet To Be Approved?
V. How Did ODEQ Meet the Subpart E Approval Criteria?
VI. What Is Being Delegated?
VII. What Is Not Being Delegated?
VIII. How Will Applicability Determinations Under Section 112 Be
Made?
IX. What Authority Does EPA Have?
X. What Information Must ODEQ Provide to EPA?
XI. What Is EPA's Oversight of This Delegation to ODEQ?
XII. Should Sources Submit Notices to EPA Or ODEQ?
XIII. How Will Unchanged Authorities Be Delegated to ODEQ in the
Future?
XIV. Final Action
XV. Statutory and Executive Order Reviews
I. General Information
A. Tips for Preparing Your Comments
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
[[Page 73597]]
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
B. Submitting Confidential Business Information (CBI)
Do not submit this information to EPA through regulations.gov or e-
mail. Clearly mark the part or all of the information that you claim to
be CBI. For CBI information in a disk or CD ROM that you mail to EPA,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
II. What Does This Notice Do?
EPA is taking direct final action to approve the delegation of
certain NESHAPs to ODEQ. With this delegation, ODEQ has the primary
responsibility to implement and enforce the delegated standards. See
Section VI, below, for a complete 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 CAA and 40 CFR part 63, subpart E, authorizes
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 ODEQ's Program Meet To Be Approved?
EPA previously approved ODEQ's program for the delegation of
NESHAPS in 40 CFR part 61. 47 FR 17285 (April 22, 1982). EPA also
previously approved ODEQ's program for the delegation of certain NESHAP
standards in 40 CFR part 63. 66 FR 1584 (January 9, 2001). Section
112(l) of the CAA enables EPA to approve State air toxics programs or
rules to operate in place of the Federal air toxics program or rules.
40 CFR part 63, subpart E (subpart E) governs EPA's approval of State
rules or programs under Section 112(l).
EPA will approve an air toxics program if we find that:
(1) the State program is ``no less stringent'' than the
corresponding Federal program or rule;
(2) the State has adequate authority and resources to implement the
program;
(3) the schedule for implementation and compliance is sufficiently
expeditious; and
(4) the program otherwise complies with Federal guidance.
In order to obtain approval of its program to implement and enforce
Federal section 112 rules as promulgated without changes (straight
delegation), only the criteria of 40 CFR 63.91(d) must be met. 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) for part 70 sources.
V. How Did ODEQ Meet the Subpart E Approval Criteria?
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 into its regulations. This applied to both existing
and future standards as they applied to part 70 sources. 60 FR 13088-
13095 (March 10, 1995), EPA approved ODEQ's program for receiving
delegation of existing and future standards when it granted final
interim approval to ODEQ's Title V program. 61 FR 4220-4224 (February
5, 1996). EPA granted final approval of Oklahoma's operating Title V
operating permits program on November 30, 2001. 66 FR 63170-63175
(December 5, 2001). Under 40 CFR 63.91(d)(2), once a state or local air
pollution agency 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. ODEQ has final Title
V program approval and has affirmed that it still meets the up-front
approval criteria.
VI. What Is Being Delegated?
EPA received a request to update the NESHAP delegations on June 15,
2005. ODEQ requested the EPA to update the delegation of authority for
the following:
A. NESHAPs (40 CFR Part 61 standards) through September 1, 2004;
and
B. NESHAPs (40 CFR Part 63 standards) through September 1, 2004.
ODEQ's request was for delegation of certain NESHAPs for all
sources (both part 70 and non-part 70 sources). The request includes
revisions of OAC 252:100-41-15, as adopted by the Oklahoma Department
of Environmental Quality. For the Part 61 NESHAPs, this revision
included all NESHAPs promulgated by EPA as amended in the Federal
Register through September 1, 2004, excluding Subparts B, H, I, K, Q,
R, T, and W. For the Part 63 NESHAPs, this includes the NESHAPs set
forth in Table 1 below. The effective date of the Federal delegation
for parts 61 and 63 standards is the effective date of this rule.
Table 1.--40 CFR Part 63 NESHAPs for Source Categories Delegated to ODEQ
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Subpart Source category
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A........................ General Provisions.
F........................ Hazardous Organic NESHAP (HON)--Synthetic
Organic Chemical Manufacturing Industry
(SOCMI).
G........................ HON--SOCMI Process Vents, Storage Vessels,
Transfer Operations and Wastewater.
H........................ HON--Equipment Leaks.
I........................ HON--Certain Processes Negotiated Equipment
Leak Regulation.
J........................ Polyvinyl Chloride and Copolymers Production
.\1\
L........................ Coke Oven Batteries.
M........................ Perchloroethylene Dry Cleaning.
N........................ Chromium Electroplating and Chromium
Anodizing Tanks.
O........................ Ethylene Oxide Sterilizers.
Q........................ Industrial Process Cooling Towers.
R........................ Gasoline Distribution.
S........................ Pulp and Paper Industry.
T........................ Halogenated Solvent Cleaning.
[[Page 73598]]
U........................ Group I Polymers and Resins.
W........................ Epoxy Resins Production and Non-Nylon
Polyamides Production.
X........................ Secondary Lead Smelting.
Y........................ Marine Tank Vessel Loading.
AA....................... Phosphoric Acid Manufacturing Plants.
BB....................... Phosphate Fertilizers Production Plants.
CC....................... Petroleum Refineries.
DD....................... Off-Site Waste and Recovery Operations.
EE....................... Magnetic Tape Manufacturing.
GG....................... Aerospace Manufacturing and Rework
Facilities.
HH....................... Oil and Natural Gas Production Facilities.
II....................... Shipbuilding and Ship Repair Facilities.
JJ....................... Wood Furniture Manufacturing Operations.
KK....................... Printing and Publishing Industry.
LL....................... Primary Aluminum Reduction Plants.
MM....................... Chemical Recovery Combustion Sources at
Kraft, Soda, Sulfide, and Stand-Alone
Semichemical Pulp Mills.
OO....................... Tanks--Level 1.
PP....................... Containers.
QQ....................... Surface Impoundments.
RR....................... Individual Drain Systems.
SS....................... Closed Vent Systems, Control Devices,
Recovery Devices and Routing to a Fuel Gas
System or a Process.
TT....................... Equipment Leaks--Control Level 1.
UU....................... Equipment Leaks--Control Level 2 Standards.
VV....................... Oil-Water Separators and Organic-Water
Separators.
WW....................... Storage Vessels (Tanks)--Control Level 2.
YY....................... Generic Maximum Achievable Control Technology
Standards.
CCC...................... Steel Pickling--HCl Process Facilities and
Hydrochloric Acid Regeneration Plants.
DDD...................... Mineral Wool Production.
EEE...................... Hazardous Waste Combustors.
GGG...................... Pharmaceuticals Production.
HHH...................... Natural Gas Transmission and Storage
Facilities.
III...................... Flexible Polyurethane Foam Production.
JJJ...................... Group IV Polymers and Resins.
LLL...................... Portland Cement Manufacturing.
MMM...................... Pesticide Active Ingredient Production.
NNN...................... Wool Fiberglass Manufacturing.
OOO...................... Amino/Phenolic Resins.
PPP...................... Polyether Polyols Production.
QQQ...................... Primary Copper Smelting.
RRR...................... Secondary Aluminum Production.
TTT...................... Primary Lead Smelting.
UUU...................... Petroleum Refineries--Catalytic Cracking
Units, Catalytic Reforming Units and Sulfur
Recovery Plants.
VVV...................... Publicly Owned Treatment Works (POTW).
XXX...................... Ferroalloys Production: Ferromanganese and
Silicomanganese.
AAAA..................... Municipal Solid Waste Landfills.
CCCC..................... Nutritional Yeast Manufacturing.
DDDD..................... Plywood and Composite Wood Products.
EEEE..................... Organic Liquid Distribution.
FFFF..................... Miscellaneous Organic Chemical Manufacturing.
GGGG..................... Solvent Extraction for Vegetable Oil
Production.
HHHH..................... Wet Formed Fiberglass Mat Production.
IIII..................... Auto & Light Duty Truck.
JJJJ..................... Paper & Other Web Coating.
KKKK..................... Surface Coating of Metal Cans.
MMMM..................... Surface Coating of Miscellaneous Metal Parts
and Products.
NNNN..................... Surface Coating of Large Appliances.
OOOO..................... Printing, Coating, and Dyeing of Fabrics and
Other Textiles.
PPPP..................... Plastic Parts.
QQQQ..................... Surface Coating of Wood Building Products.
RRRR..................... Surface Coating of Metal Furniture.
SSSS..................... Surface Coating of Metal Coil.
TTTT..................... Leather Finishing Operations.
UUUU..................... Cellulose Production Manufacture.
VVVV..................... Boat Manufacturing.
WWWW..................... Reinforced Plastic Composites Production.
XXXX..................... Tire Manufacturing.
YYYY..................... Stationary Combustion Turbines.
ZZZZ..................... Reciprocating Internal Combustion Engines.
AAAAA.................... Lime Manufacturing Plants.
BBBBB.................... Semiconductor Manufacturing.
CCCCC.................... Coke Ovens: Pushing, Quenching and Battery
Stacks.
EEEEE.................... Iron and Steel Foundries.
[[Page 73599]]
FFFFF.................... Integrated Iron and Steel.
GGGGG.................... Site Remediation.
HHHHH.................... Miscellaneous Coating Manufacturing.
IIIII.................... Mercury Cell Chlor-Alkali Plants.
JJJJJ.................... Brick and Structural Clay Products.
KKKKK.................... Clay Ceramics Manufacturing.
LLLLL.................... Asphalt Roofing and Processing.
MMMMM.................... Flexible Polyurethane Foam Fabrication
Operation.
NNNNN.................... Hydrochloric Acid Production.
PPPPP.................... Engine Test Cells/Stands.
QQQQQ.................... Friction Products Manufacturing.
RRRRR.................... Taconite Iron Ore Processing.
SSSSS.................... Refractory Products Manufacturing.
TTTTT.................... Primary Magnesium Refining.
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\1\ The ODEQ has adopted the subpart unchanged and applied for
delegation of the standard. The standard 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 (DC Cir. 2004). Because of the DC Circuit Court's holding this
standard is not being delegated to ODEQ at this time.
VII. What Is Not Being Delegated?
As mentioned above, ODEQ has not been delegated the authority for
the following standards:
40 CFR Part 60, Subpart AAA (Standards of Performance for New
Residential Wood Heaters);
40 CFR Part 60, Subpart WWW, (Standards of Performance for Municipal
Solid Waste Landfills);
40 CFR Part 60, Subpart Cc, (Emission Guidelines and Compliance Times
for Municipal Solid Waste Landfills);
40 CFR Part 61, Subpart B (National Emission Standards for Radon
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, EPA 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 MACT standards have certain
provisions that cannot be delegated to the States (e.g. 40 CFR
63.106(b)). Therefore, any MACT standard that EPA is delegating to ODEQ
that provides that certain authorities cannot be delegated are retained
by EPA and not delegated. Furthermore, no authorities are delegated
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, Section 112(r), the accidental release program authority, is
not being delegated by this approval.
All of the inquiries and requests concerning implementation and
enforcement of the excluded standards in the State of Oklahoma should
be directed to the EPA Region 6 Office.
This delegation to ODEQ to implement and enforce certain NESHAPs
does not extend to sources or activities located in Indian country, as
defined in 18 U.S.C. 1151. Under this definition, EPA treats as
reservations, trust lands validly set aside for the use of a Tribe even
if the trust lands have not been formally designated as a reservation.
Consistent with previous Federal program approvals or delegations, EPA
will continue to implement the NESHAPs in Indian country because ODEQ
has not adequately demonstrated its authority over sources and
activities located within the exterior boundaries of Indian
reservations and other areas in Indian country.\2\
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\2\ The Safe, Accountable, Flexible, Efficient Transportation
Equity Act of 2005 includes a provision relating to Oklahoma and EPA
programs, providing:
Notwithstanding any other provision of law, if the Administrator
of the Environmental Protection Agency (referred to in this section
as the ``Administrator'') determines that a regulatory program
submitted by the State of Oklahoma for approval by the Administrator
under a law administered by the Administrator meets applicable
requirements of the law, and the Administrator approves the State to
administer the State program under the law with respect to areas in
the State that are not Indian country, on request of the State, the
Administrator shall approve the State to administer the State
program in the areas of the State that are in Indian country,
without any further demonstration of authority by the State.
H.R. 3, Section 10211(a). Oklahoma has not applied to administer
the NESHAPS program in Indian country in accordance with this
statute.
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VIII. How Will Applicability Determinations Under Section 112 Be Made?
In approving this delegation, ODEQ will obtain concurrence from EPA
on any matter involving the interpretation of section 112 of the CAA or
40 CFR part 63 to the extent that implementation, administration, or
enforcement of these sections have not been covered by EPA
determinations or guidance.
IX. What Authority Does EPA Have?
We retain the right, as provided by CAA section 112(l)(7), to
enforce any applicable emission standard or requirement under Section
112. EPA
[[Page 73600]]
also has the authority to make certain decisions under the General
Provisions (subpart A) of part 63. We are granting ODEQ some of these
authorities, and retaining others, as explained in Sections VI and VII
above. In addition, EPA may review and disapprove of State
determinations and subsequently require corrections. (See 40 CFR
63.91(g) and 65 FR 55810, 55823, September 14, 2000.)
Furthermore, we retain any authority in an individual emission
standard that may not be delegated according to provisions of the
standard. Also, listed in the footnotes of the part 63 delegation table
at the end of this rule are the authorities that cannot be delegated to
any State or local agency which we therefore retain.
X. What Information Must ODEQ Provide to EPA?
In delegating the authority to implement and enforce these rules
and in granting a waiver of EPA notification requirements, we require
ODEQ to input all source information into the Aerometric Information
Retrieval System (AIRS) for both point and area sources. ODEQ must
enter this information into the AIRS system and update the information
by September 30 of every year. ODEQ must provide any additional
compliance related information to 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. For part 63
standards, these determinations include: Applicability determinations
(Sec. 63.1); approval/disapprovals of construction and reconstruction
(Sec. 63.5(e) and (f)); notifications regarding the use of a
continuous opacity monitoring system (Sec. 63.6(h)(7)(ii)); finding of
compliance (Sec. 63.6(h)(8)); approval/disapprovals of compliance
extensions (Sec. 63.6(i)); approvals/disapprovals of minor (Sec.
63.7(e)(2)(i)) or intermediate (Sec. 63.7(e)(2)(ii) and (f))
alternative test methods; approval of shorter sampling times and
volumes (Sec. 63.7(e)(2)(iii)); waiver of performance testing (Sec.
63.7(e)(2)(iv) and (h)(2), (3)); approvals/disapprovals of minor or
intermediate alternative monitoring methods (Sec. 63.8(f)); approval
of adjustments to time periods for submitting reports (Sec. Sec. 63.9
and 63.10); and approvals/disapprovals of minor alternatives to
recordkeeping and reporting (Sec. 63.10(f)).
Additionally, EPA's Emission Measurement Center of the Emissions
Monitoring and Analysis Division must receive copies of any approved
intermediate changes to test methods or monitoring. (Please note that
intermediate changes to test methods must be demonstrated as equivalent
through the procedures set out in EPA method 301.) This information on
approved intermediate changes to test methods and monitoring will be
used to compile a database of decisions that will be accessible to
State and local agencies and EPA Regions for reference in making future
decisions. (For definitions of major, intermediate and minor
alternative test methods or monitoring methods, see 40 CFR 63.90). The
ODEQ should forward these intermediate test methods or monitoring
changes via mail or facsimile to: Chief, Source Categorization Group A,
EPA (MD-19), Research Triangle Park, NC 27711, Facsimile telephone
number: (919) 541-1039.
XI. What Is EPA's Oversight of This Delegation to ODEQ?
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 made decisions that decreased 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(g)(1)(ii). We will
initiate withdrawal of the program or rule if the corrective actions
taken are insufficient.
XII. Should Sources Submit Notices to EPA or ODEQ?
All of the information required pursuant to the Federal NESHAP (40
CFR parts 61 and 63) should be submitted by sources located outside of
Indian country directly to the ODEQ at the following address: Oklahoma
Department of Environmental Quality, Air Quality Division, P.O. Box
1677, Oklahoma City, OK 73101-1677. The ODEQ is the primary point of
contact with respect to delegated NESHAPs in Oklahoma (excluding Indian
country). Sources do not need to send a copy to EPA. EPA Region 6
waives the requirement that notifications and reports for delegated
standards be submitted to EPA in addition to ODEQ in accordance with 40
CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii).
XIII. How Will Unchanged Authorities Be Delegated to ODEQ in the
Future?
In the future, ODEQ will only need to send a letter of request to
EPA, Region 6, for those NSPS and NESHAP regulations that ODEQ has
adopted by reference. The letter must reference the previous up-front
approval demonstration and reaffirm that it still meets the up-front
approval criteria. We will respond in writing to the request stating
that the request for delegation is either granted or denied. A Federal
Register notice will be published to inform the public and affected
sources of the delegation, indicating where source notifications and
reports should be sent, and to amend the relevant portions of the Code
of Federal Regulations showing which NESHAP standards have been
delegated to ODEQ.
XIV. Final Action
The public was provided the opportunity to comment on the proposed
approval of the program and mechanism for delegation of Section 112
standards, as applied to part 70 sources, on March 10, 1995. The
proposal was part of EPA's proposed approval of the Oklahoma Department
of Environmental Quality's operating permits program. 60 FR 13088. The
EPA did not receive adverse public comments on the proposed delegation
of Section 112 standards. 61 FR 4220 (February 5, 1996). In this
action, the public is given the opportunity to comment on the approval
of ODEQ's request for delegation of authority to implement and enforce
certain Section 112 standards for all sources (both part 70 and non-
part 70 sources) which have been adopted by reference into Oklahoma's
state regulations. However, the Agency views the approval of these
requests as a noncontroversial action and anticipates no adverse
comments. Therefore, EPA is publishing this rule without prior
proposal. However, in the ``Proposed Rules'' section of today's Federal
Register publication, EPA is publishing a separate document that will
serve as the proposal to approve the program and delegation of
authority described in this action if adverse comments are received.
This action will be effective February 13, 2006 without further notice
unless the Agency receives relevant adverse comments by January 12,
2006.
If EPA receives adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public the rule will
not take effect. We will address all public comments in a subsequent
final rule based on the proposed rule. The EPA will not
[[Page 73601]]
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
XVI. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, ``Regulatory Planning and
Review.'' (58 FR 51735 (October 4, 1993)). This proposed rule is not a
``significant energy action'' as defined in Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)), because it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. This proposed action merely proposes to
approve state law as meeting Federal requirements and imposes no
additional requirements beyond those imposed by state law. Accordingly,
the Administrator certifies that this proposed rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule proposes to approve pre-existing requirements under state law
and does not impose any additional enforceable duty beyond that
required by state law, EPA has determined that this rule does not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, or tribal governments in the
aggregate, or on the private sector, in any one year. Thus, today's
rule is not subject to the requirements of sections 202 and 205 of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). In
addition, EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments in accordance with section 203 of UMRA.
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175, ``Consultation and Coordination with Indian Tribal
Governments'' (65 FR 67249, (November 9, 2000)). This action also does
not have federalism implications because it does 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, as specified
in Executive Order 13132, ``Federalism'' (64 FR 43255, (August 10,
1999)). This action merely proposes to approve a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This proposed rule also is not subject to Executive Order
13045, ``Protection of Children from Environmental Health Risks and
Safety Risks'' (62 FR 19885, (April 23, 1997)). EPA interprets
Executive Order 13045 as applying only to those regulatory actions that
are based on health or safety risks, such that the analysis required
under section 5-501 of the Order has the potential to influence the
regulation. This proposed rule is not subject to Executive Order 13045
because it approves a state program.
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 (15 U.S.C. 272 note) requires Federal agencies to
evaluate existing technical standards when developing a new regulation.
To comply with NTTAA, EPA must consider and use ``voluntary consensus
standards'' (VCS) if available and applicable when developing programs
and policies unless doing so would be inconsistent with applicable law
or otherwise impractical. In this context, in the absence of a prior
existing requirement for the State to use voluntary consensus standards
(VCS), EPA has no authority to disapprove a delegation submission for
failure to use VCS. It would thus be inconsistent with applicable law
for EPA to use VCS in place of a delegation submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. 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 13, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Reporting and recordkeeping requirements.
40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of Sections
111 and 112 of the Clean Air Act, as amended, 42 U.S.C. 7411 and
7412.
Dated: November 29, 2005.
Carl E. Edlund,
Acting Regional Administrator, Region 6.
0
40 CFR parts 61 and 63 are amended as follows:
PART 61--[AMENDED]
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:
0
A. Revising paragraph (b)(LL) introductory text; and
0
B. Revising paragraph (c)(6)(iv) and reserving paragraph (c)(6)(v) to
read as follows:
Sec. 61.04 Address.
(b) * * *
[[Page 73602]]
(LL) 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 (excluding Indian
country), see paragraph (c)(6) of this section.
* * * * *
(c) * * *
(6) * * *
* * * * *
(iv) The Oklahoma Department of Environmental Quality has been
delegated the following part 61 standards promulgated by EPA, as
amended in the Federal Register through September 1, 2004. The (X)
symbol is used to indicate each subpart that has been delegated.
Delegation Status for National Emission Standards for Hazardous Air
Pollutants (Part 61 Standards) for Oklahoma Department of Environmental
Quality
[Excluding Indian Country] \1\
------------------------------------------------------------------------
Subpart Source category ODEQ
------------------------------------------------------------------------
A............................. General Provisions............ X
B............................. Radon Emissions From ........
Underground Uranium Mines.
C............................. Beryllium..................... X
D............................. Beryllium Rocket Motor Firing. X
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 By- X
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 (Fugitive X
Emission Sources).
W............................. Radon Emissions From Operating ........
Mill Tailings.
X............................. (Reserved).................... ........
Y............................. Benzene Emissions From Benzene X
Storage Vessels.
Z-AA.......................... (Reserved).................... ........
BB............................ Benzene Emissions From Benzene X
Transfer Operations.
CC-EE......................... (Reserved).................... ........
FF............................ Benzene Waste Operations...... X
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
(ODEQ).
(v) [Reserved.]
* * * * *
PART 63--[AMENDED]
0
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
2. Section 63.99 is amended by revising paragraph (a)(36)(i) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(36) * * *
(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 this effective date
are not delegated.
[[Page 73603]]
Delegation Status for Part 63 Standards--State of Oklahoma
[Excluding Indian Country]
------------------------------------------------------------------------
Order
Subpart Source category \1\ \2\
------------------------------------------------------------------------
A............................. General Provisions \2\........ 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 Cleaning X
N............................. Chromium Electroplating and X
Chromium Anodizing Tanks.
O............................. Ethylene Oxide Sterilizers.... X
P............................. (Reserved).................... ........
Q............................. Industrial Process Cooling X
Towers.
R............................. Gasoline Distribution......... X
S............................. Pulp and Paper Industry....... X
T............................. Halogenated Solvent Cleaning.. X
U............................. Group I Polymers and Resins... X
V............................. (Reserved).................... ........
W............................. Epoxy Resins Production and X
Non-Nylon Polyamides
Production.
X............................. Secondary Lead Smelting....... X
Y............................. Marine Tank Vessel Loading.... X
Z............................. (Reserved).................... ........
AA............................ Phosphoric Acid Manufacturing X
Plants.
BB............................ Phosphate Fertilizers X
Production Plants.
CC............................ Petroleum Refineries.......... X
DD............................ Off-Site Waste and Recovery X
Operations.
EE............................ Magnetic Tape Manufacturing... X
FF............................ (Reserved).................... ........
GG............................ Aerospace Manufacturing and X
Rework Facilities.
HH............................ Oil and Natural Gas Production X
Facilities.
II............................ Shipbuilding and Ship Repair X
Facilities.
JJ............................ Wood Furniture Manufacturing X
Operations.
KK............................ Printing and Publishing X
Industry.
LL............................ Primary Aluminum Reduction X
Plants.
MM............................ Chemical Recovery Combustion X
Sources at Kraft, Soda,
Sulfide, and Stand-Alone
Semichemical Pulp Mills.
NN............................ (Reserved).................... ........
OO............................ Tanks--Level 1................ X
PP............................ Containers.................... X
QQ............................ Surface Impoundments.......... X
RR............................ Individual Drain Systems...... X
SS............................ Closed Vent Systems, Control X
Devices, Recovery Devices and
Routing to a Fuel Gas System
or a Process.
TT............................ Equipment Leaks--Control Level X
1.
UU............................ Equipment Leaks--Control Level X
2 Standards.
VV............................ Oil-Water Separators and X
Organic-Water Separators.
WW............................ Storage Vessels (Tanks)-- X
Control Level 2.
XX............................ (Reserved).................... ........
YY............................ Generic Maximum Achievable X
Control Technology Standards.
ZZ-BBB........................ (Reserved).................... ........
CCC........................... Steel Pickling--HCl Process X
Facilities and Hydrochloric
Acid Regeneration.
DDD........................... Mineral Wool Production....... X
EEE........................... Hazardous Waste Combustors.... X
FFF........................... (Reserved).................... ........
GGG........................... Pharmaceuticals Production.... X
HHH........................... Natural Gas Transmission and X
Storage Facilities.
III........................... Flexible Polyurethane Foam X
Production.
JJJ........................... Group IV Polymers and Resins.. X
KKK........................... (Reserved).................... ........
LLL........................... Portland Cement Manufacturing. X
MMM........................... Pesticide Active Ingredient X
Production.
NNN........................... Wool Fiberglass Manufacturing. X
OOO........................... Amino/Phenolic Resins......... X
PPP........................... Polyether Polyols Production.. X
QQQ........................... Primary Copper Smelting....... X
RRR........................... Secondary Aluminum Production. X
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 Works X
(POTW).
WWW........................... (Reserved).................... ........
XXX........................... Ferroalloys Production: X
Ferromanganese and
Silicomanganese.
AAAA.......................... Municipal Solid Waste X
Landfills.
[[Page 73604]]
CCCC.......................... Nutritional Yeast X
Manufacturing.
DDDD.......................... Plywood and Composite Wood X
Products.
EEEE.......................... Organic Liquids Distribution.. X
FFFF.......................... Miscellaneous 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
JJJJ.......................... Paper and other Web (Surface X
Coating).
KKKK.......................... Metal Can (Surface Coating)... X
MMMM.......................... Surface Coating of X
Miscellaneous Metal Parts and
Products.
NNNN.......................... Surface Coating of Large X
Appliances.
OOOO.......................... Fabric Printing Coating and X
Dyeing.
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 Coil X
TTTT.......................... Leather Finishing Operations.. X
UUUU.......................... Cellulose Production X
Manufacture.
VVVV.......................... Boat Manufacturing............ X
WWWW.......................... Reinforced Plastic Composites X
Production.
XXXX.......................... Tire Manufacturing............ X
YYYY.......................... Combustion Turbines........... X
ZZZZ.......................... Reciprocating Internal X
Combustion Engines (RICE).
AAAAA......................... Lime Manufacturing Plants..... X
BBBBB......................... Semiconductor Manufacturing... X
CCCCC......................... Coke Ovens: Pushing, Quenching X
and Battery Stacks.
DDDDD......................... Industrial/Commerical/ ........
Institutional Boilers and
Process Heaters.
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 Manufacturing... X
LLLLL......................... Asphalt Roofing and Processing X
MMMMM......................... Flexible Polyurethane Foam X
Fabrication Operation.
NNNNN......................... Hydrochloric Acid Production, X
Fumed Silica Production.
PPPPP......................... Engine Test Facilities........ X
QQQQQ......................... Friction Products X
Manufacturing.
RRRRR......................... Taconite Iron Ore Processing.. X
SSSSS......................... Refractory Products X
Manufacture.
TTTTT......................... Primary Magnesium Refining.... X
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
(ODEQ), as amended in the Federal Register through September 1, 2004.
\2\ Authorities that cannot be delegated include 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. In
addition, all authorities identified in the certain subparts that EPA
has designated that cannot be delegated.
\3\ The ODEQ has adopted the subpart unchanged and applied for
delegation of the standard. The standard 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 D.C. Circuit Court's holding
this standard is not being delegated to ODEQ at this time.
[FR Doc. 05-23970 Filed 12-12-05; 8:45 am]
BILLING CODE 6560-50-P