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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules
collectively excluded Indian country lands.
EPAs approval under SAFETEA
expressly provided that to the extent EPAs prior approvals of Oklahomas environmental programs excluded Indian country, any such exclusions are superseded for the geographic areas of Indian country covered by the EPAs approval of Oklahomas SAFETEA
request.6 The approval also provided that future revisions or amendments to Oklahomas approved environmental regulatory programs would extend to the covered areas of Indian country without any further need for additional requests under SAFETEA.
As explained above, the EPA is proposing to approve an update to the Oklahoma NESHAP delegation.
Consistent with the EPAs October 1, 2020 SAFETEA approval, if this action is finalized as proposed, Oklahomas delegation of the NESHAP program will apply to all areas of Indian country within the State of Oklahoma, other than the excluded Indian country lands.7
XIV. Proposed Action
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In this action, the EPA is proposing to approve an update to the Oklahoma NESHAP delegation that would provide the ODEQ with the authority to implement and enforce certain newly incorporated NESHAP promulgated by the EPA and amendments to existing standards currently delegated, as they existed though June 30, 2019. This proposed delegation to ODEQ extends to sources and activities located in certain areas of Indian country, as explained in section XIII above.
6 EPAs prior approvals relating to Oklahomas NESHAP delegation frequently noted that the NESHAP delegation was not approved to apply in areas of Indian country located in the State. See, e.g., 83 FR 53183 October 22, 2018. Such prior expressed limitations are superseded by the EPAs approval of Oklahomas SAFETEA request.
7 In accordance with Executive Order 13990, EPA
is currently reviewing our October 1, 2020
SAFETEA approval and is engaging in further consultation with tribal governments and discussions with the State of Oklahoma as part of this review. EPA also notes that the October 1, 2020
approval is the subject of a pending challenge in federal court. Pawnee v. Regan, No. 209635 10th Cir.. Pending completion of EPAs review, EPA is proceeding with this proposed action in accordance with the October 1, 2020 approval. EPAs final action on the NESHAP delegation update will address the scope of the States program with respect to Indian country, and may make any appropriate adjustments, based on the status of our review at that time. If EPAs final action on Oklahomas NESHAP delegation update is taken before our review of the SAFETEA approval is complete, EPA may make further changes to the approval of Oklahomas NESHAP delegation to reflect the outcome of the SAFETEA review.

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XV. Statutory and Executive Order Reviews Under the CAA, the Administrator has the authority to approve section 112l submissions that comply with the provisions of the Act and applicable Federal regulations. In reviewing section 112l submissions, the EPAs role is to approve state choices, provided that they meet the criteria and objectives of the CAA and of the EPAs implementing regulations. Accordingly, this proposed action would merely approve the States request as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.;
Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 Pub. L. 1044;
Does not have federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Is not a significant regulatory action subject to Executive Order 13211 66 FR
28355, May 22, 2001;
Is not subject to requirements of section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C. 272 note because application of those requirements would be inconsistent with the CAA; and Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898
59 FR 7629, February 16, 1994.
This proposal to approve Oklahomas request to update the NESHAP
delegation will apply, if finalized as proposed, to certain areas of Indian country as discussed in section XIII
above, and therefore has tribal
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implications as specified in Executive Order 13175 65 FR 67249, November 9, 2000. However, this action will neither impose substantial direct compliance costs on federally recognized tribal governments, nor preempt tribal law.
This action will not impose substantial direct compliance costs on federally recognized tribal governments because no actions will be required of tribal governments. This action will also not preempt tribal law as no Oklahoma tribe implements a regulatory program under the CAA, and thus does not have applicable or related tribal laws.
Consistent with the EPA Policy on Consultation and Coordination with Indian Tribes May 4, 2011, the EPA
has offered consultation to tribal governments that may be affected by this action.
List of Subjects 40 CFR Part 61
Environmental protection, Administrative practice and procedure, Air pollution control, Arsenic, Benzene, Beryllium, Hazardous substances, Mercury, Intergovernmental relations, Reporting and recordkeeping requirements, Vinyl chloride.
40 CFR Part 63
Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 18, 2021.
David Garcia, Director, Air and Radiation Division, Region 6.
FR Doc. 202118164 Filed 82721; 8:45 am BILLING CODE 656050P

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System 48 CFR Part 204
Docket DARS20210017
RIN 0750AL48

Defense Federal Acquisition Regulation Supplement: Contract Closeout Authority for DoD Services Contracts DFARS Case 2021D012
Defense Acquisition Regulations System, Department of Defense DoD.
ACTION: Proposed rule.
AGENCY:

E:FRFM30AUP1.SGM

30AUP1