Je veux savoir à propos de…

48364

Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules
sources, was most recently approved on October 22, 2018 83 FR 53183.

khammond on DSKJM1Z7X2PROD with PROPOSALS

IV. 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 EPAs final interim approval of Oklahomas 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 granted final full approval of the States operating permits program 66 FR 63170. These interim and final Title V program approvals satisfy the upfront approval criteria of 40 CFR 63.91d. Under 40
CFR 63.91d2, 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.
V. What is being delegated?
By letter dated December 23, 2019, ODEQ requested the EPA to update its existing NESHAP delegation. With certain exceptions noted in section VI of this document, Oklahomas request included NESHAPs in 40 CFR parts 61
and 63. ODEQs request included newly incorporated NESHAPs promulgated by the EPA and amendments to existing standards currently delegated, as amended between September 1, 2016
and June 30, 2018, as adopted by the State.
More recently, by letter dated March 23, 2021, the EPA received a request from ODEQ to update its existing NESHAP delegation. With certain exceptions noted in section VI of this document, ODEQs request includes certain NESHAP in 40 CFR parts 61 and 63. ODEQs request included newly incorporated NESHAPs promulgated by the EPA and amendments to existing standards currently delegated, as amended between June 30, 2018 and June 30, 2019, as adopted by the State.

VerDate Sep<11>2014

16:31 Aug 27, 2021

Jkt 253001

VI. What is not being delegated?
All authorities not affirmatively and expressly proposed for delegation 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 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
63.91g2. These include the following provisions: 63.6g, Approval of Alternative Non-Opacity Standards;
63.6h9, Approval of Alternative Opacity Standards; 63.7e2ii and f, Approval of Major Alternatives to Test Methods; 63.8f, Approval of Major Alternatives to Monitoring; and 63.10f, Approval of Major Alternatives to Recordkeeping and Reporting. Also, some parts 61 and 63
standards have certain provisions that cannot be delegated to the states.
Furthermore, no authorities are being proposed 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 propose delegation of any authority under section 112r, the accidental release program.

PO 00000

Frm 00020

Fmt 4702

Sfmt 4702

If this action is finalized as proposed, 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 proposing a determination that the NESHAP program submitted by Oklahoma meets the applicable requirements of CAA section 112l5
and 40 CFR part 63, subpart E.
As more fully discussed in section XIII of this document, the proposed delegation to ODEQ to implement and enforce certain NESHAP extends to sources or activities located in certain areas of Indian country, as defined in 18
U.S.C. 1151.
VII. How will statutory and regulatory interpretations be made?
If this NESHAP delegation update is finalized as proposed, 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.
VIII. What authority does the EPA
have?
We retain the right, as provided by CAA section 112l7 and 40 CFR
63.90d2, 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 63.90e and 63.91c1i. The EPA
also has the authority to make certain decisions under the General Provisions subpart A of parts 61 and 63. We are proposing to delegate to the ODEQ some of these authorities, and retaining others, as explained in sections V and VI above. In addition, the EPA may review and disapprove State determinations and subsequently require corrections. See 40 CFR
63.91g1ii. The EPA also has the authority to review ODEQs 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
E:FRFM30AUP1.SGM

30AUP1