Federal Register - July 22, 2021
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Fuente: Federal Register
38628
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Proposed Rules
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Sherry Fuerst, EPA Region 6 Office, Infrastructure and Ozone Section, 214
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Throughout this document wherever we, us, or our is used, we mean the EPA.
lotter on DSK11XQN23PROD with PROPOSALS1
I. Background On May 7, 2020, the Secretary of Energy and Environment for the State of Oklahoma submitted for EPA review and approval under section 110 of the CAA and 40 CFR part 51, revisions to the Oklahoma Air Quality SIP. The revisions were included in the states annual SIP update for 2019 and consisted of revisions to Subchapters 2
and 39 and Appendix Q in the OAC
Title 252 Chapter 100, which became
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effective on September 15, 2019. In this action, we note that we are only proposing to approve revisions to OAC
Title 252 Chapter 100 Subchapter 39
OAC 252:10039 Sections 4, 16, 40, and 41. We are not taking action on Subchapter 2 and Appendix Q at this time. The EPA plans to propose action on these provisions in a future rulemaking action.
The criteria used to evaluate these SIP
revisions are found primarily in section 110 of the Act. Section 110l requires that a SIP revision submitted to the EPA
be adopted after reasonable notice and public hearing and also requires that the EPA not approve a SIP revision if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress or any other applicable requirement of the Act.
These rules were promulgated in compliance with the Oklahoma Administrative Procedures Act and published in the Oklahoma Register, the official state publication for rulemaking actions.
II. The EPAs Evaluation In this action, we are proposing to approve revisions to OAC Title 252
Chapter 100 Subchapter 39 OAC
252:10039. Submittal documents for Subchapter 39 are available in the docket for this action. ODEQs May 7, 2020 submittal is amending the following sections:
1. 252:100394 to remove an incorrect citation to a revoked state rule;
2. 252:1003916 to update the timeframe listed as the non-oxidant season, this revision is intended to ensure that the proper controls are used during scheduled refinery unit turnarounds during Oklahomas current ozone season;
3. 252:1003940 to correct the dates of Oklahomas non-oxidant season, this revision is intended to ensure that cutback asphalt cannot be used during Oklahomas ozone season; and, 4. 252:1003941 to allow for the use of alternative testing methods for leak inspections, to update references used for pressure and vapor testing to incorporate the most recent EPA
regulations, and to update tank truck tag OAC 252:1003941e4Aiv and v requirements to reflect current practices in Tulsa County.
More information on the proposed changes is available in the Technical Support Document prepared in conjunction with this rulemaking action. This is a is a revision by revision discussion:
OAC 252:100, Subchapter 39, Section 4 revision removes an incorrect cross
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reference. The revision removes 252:10048 from a list of rules from which facilities are exempted because 252:10048 has been revoked. ODEQ
provided notice of the proposed change, announced the comment period from December 3, 2018 through January 9, 2019 and posted a notice of public hearing in Volume 36, Number 6, page 44 of the Oklahoma Register on December 3, 2018. The public hearing was held on January 16, 2019, and no comments were received. The revision is ministerial in nature. Examination of the record indicates that the submitted revision to Subchapter 39, Section 4 is proper and provides additional clarity.
Thus, we find that the requirements of section 110l of the Act have been satisfied. Therefore, we are proposing to approve the submitted revision to Subchapter 39, Section 4.
OAC 252:100, Subchapter 39, Section 16 revisions update the non-oxidant season from November 1 through March 31 to December 1 through the last day of February. This update is consistent 40 CFR part 58, Appendix D, Table D3 titled Ozone Monitoring Season by State. Scheduled refinery unit turnarounds may only be accomplished without the controls specified in OAC 252:1003916b1
and OAC 252:1003916b2 during non-oxidant seasons. ODEQ provided notice of the proposed change, announced the comment period from December 3, 2018 through January 9, 2019 and notice of a public hearing in Volume 36, Number 6, page 44 of the Oklahoma Register on December 3, 2018. The public hearing was held on January 16, 2019, and no comments were received. The environment will likely benefit from shortening the duration of non-oxidant season from 5
months to 3 months changing from November 1 through March 31 to December 1 through the last day of February. Examination of the record indicates that the submitted revision to Subchapter 39, Section 16 is proper and the revisions will strengthen the SIP by requiring control of emissions during turnarounds during a time period consistent with the ozone season in Oklahoma. Thus, we find that the Oklahoma SIP that the requirements of section 110l of the Act have been satisfied. Therefore, we are proposing to approve the submitted revision to Subchapter 39, Section 16.
OAC 252:100, Subchapter 39, Section 40 revisions are to amend rules regulating the use of cutback asphalt to correct the dates of Oklahomas nonoxidant season, which should be December 1 through the last day of February. This purpose of this proposed
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