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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules for this action. A table of currently delegated NESHAP standards and how the updated NESHAP delegation would look if this proposal is finalized 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.

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IX. 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 63.96a.
In receiving delegation for specific General Provisions authorities, ODEQ
must submit to EPA Region 6 on a semiannual basis, copies of determinations issued under these authorities. See 40
CFR 63.91g1ii. For part 63
standards, these determinations include:
63.1, Applicability Determinations;
63.6e, Operation and Maintenance RequirementsResponsibility for Determining Compliance; 63.6f, Compliance with Non-Opacity StandardsResponsibility for Determining Compliance; 63.6h, Compliance with Opacity and Visible Emissions StandardsResponsibility for Determining Compliance;
63.7c2i and d, Approval of SiteSpecific Test Plans; 63.7e2i, Approval of Minor Alternatives to Test Methods; 63.7e2ii and f, Approval of Intermediate Alternatives to Test Methods; 63.7eiii, Approval of Shorter Sampling Times and Volumes When Necessitated by Process Variables or Other Factors; 63.7e2iv, h2
and 3, Waiver of Performance Testing;
63.8c1 and e1, Approval of SiteSpecific Performance Evaluation Monitoring Test Plans; 63.8f, Approval of Minor Alternatives to Monitoring; 63.8f, Approval of Intermediate Alternatives to Monitoring;
63.9 and 63.10, Approval of Adjustments to Time Periods for Submitting Reports; 63.10f, Approval of Minor Alternatives to Recordkeeping and Reporting; and 63.7a4, Extension of Performance Test Deadline.
X. What is the EPAs oversight role?
The EPA must oversee ODEQs 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
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to take corrective actions and the sources affected by the decisions will be notified, as required by 40 CFR
63.91b and g1ii. We will initiate withdrawal of the program or rule if the corrective actions taken are insufficient.
See 51 FR 20648 June 6, 1986.
XI. Should sources submit notices to the EPA or ODEQ?
For the delegated NESHAP standards and authorities covered by this proposed action, if finalized, sources would submit all of the information required pursuant to the general provisions and the relevant subparts 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 731011677. The ODEQ
is the primary point of contact with respect to delegated NESHAP. The EPA
Region 6 proposes to waive the requirement that courtesy notifications and reports for delegated standards be submitted to the EPA in addition to ODEQ in accordance with 40 CFR
63.9a4ii and 63.10a4ii.2 For those standards and authorities not delegated as discussed above, sources must continue to submit all appropriate information to the EPA.
XII. How will unchanged authorities be delegated to ODEQ in the future?
As stated in previous NESHAP
delegation actions, the EPA has approved Oklahomas 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 Oklahomas 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 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.
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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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.
XIII. 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 10211a of the Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A
Legacy for Users, Public Law 10959, 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 States environmental regulatory programs that were previously approved by the EPA outside of Indian country.4 The States request excluded certain areas of Indian country further described below.
On October 1, 2020, the EPA
approved Oklahomas SAFETEA request to administer all of the States EPAapproved environmental regulatory programs, including the delegated portions of the NESHAP program, in the requested areas of Indian country.5 As requested by Oklahoma, the EPAs 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. 1151c;
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 4 A copy of the Governors July 22, 2020 request can be found in the docket for this proposed rulemaking.
5 A copy of EPAs October 1, 2020 approval can be found in the docket for this proposed rulemaking.

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