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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 24, 2021.
Deborah Szaro, Acting Regional Administrator, EPA Region 1.
FR Doc. 202118516 Filed 82721; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 61 and 63
EPAR06OAR20200086; FRL884701
R6

National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Oklahoma Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

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, 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, 2019.
The EPA is proposing to approve ODEQs requested delegation update.
The proposed delegation of authority under this action applies to sources located in certain areas of Indian country as discussed herein.
DATES: Written comments on this proposed rule must be received on or before September 29, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR06
OAR20200086, at http
www.regulations.gov or via email to barrett.richard@epa.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information CBI
or other information whose disclosure is restricted by statute. Multimedia submissions audio, video, etc. must be accompanied by a written comment.
The written comment is considered the official comment and should include discussion of all points you wish to
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SUMMARY:

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make. The EPA will generally not consider comments or comment contents located outside of the primary submission i.e., on the web, cloud, or other file sharing system. For additional submission methods, please contact Rick Barrett, 2146657227, barrett.richard@epa.gov. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https www.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for this action is available electronically at www.regulations.gov. While all documents in the docket are listed in the index, some information may not be publicly available due to docket file size restrictions or content e.g., CBI.
FOR FURTHER INFORMATION CONTACT: Rick Barrett, EPA Region 6 Office, ARPE, 214 6657227, barrett.richard@
epa.gov. Out of an abundance of caution for members of the public and our staff, the EPA Region 6 office will be closed to the public to reduce the risk of transmitting COVID19. We encourage the public to submit comments via https www.regulations.gov, as there will be a delay in processing mail and no courier or hand deliveries will be accepted. 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, or our is used, we mean the EPA.
Table of Contents I. What does this action do?
II. What is the authority for delegation?
III. What criteria must Oklahomas program meet to be approved?
IV. How did ODEQ meet the NESHAP
program approval criteria?
V. What is being delegated?
VI. What is not being delegated?
VII. How will statutory and regulatory interpretations be made?
VIII. What Authority Does the EPA Have?
IX. What Information must ODEQ provide to the EPA?
X. What is the EPAs oversight role?
XI. Should sources submit notices to the EPA
or ODEQ?
XII. How will unchanged authorities be delegated to ODEQ in the future?
XIII. Impact on Areas of Indian Country XIV. Proposed Action XV. Statutory and Executive Order Reviews
I. What does this action do?
The EPA is proposing to approve the delegation of the implementation and enforcement of certain NESHAPs to ODEQ. If finalized, the delegation will
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provide ODEQ with the primary responsibility to implement and enforce the delegated standards.
II. What is the authority for delegation?
Section 112l 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.
III. What criteria must Oklahomas program meet to be approved?
Section 112l5 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 112l2 or is not likely to satisfy, in whole or in part, the objectives of the CAA.
In carrying out its responsibilities under section 112l, 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 Federal 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 63.91d. 40 CFR
63.91d3 provides that interim or final Title V program approval will satisfy the criteria of 40 CFR 63.91d.1 The NESHAP delegation for Oklahoma, as it applies to both part 70 and non-part 70
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 Oklahomas 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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