[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Proposed Rules]
[Pages 85907-85914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28673]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0989; FRL-9955-03-Region 6]


Approval and Promulgation of Implementation Plans; Oklahoma; 
Revisions to Minor New Source Review Permitting Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve severable portions of revisions to the Oklahoma New Source 
Review (NSR) State Implementation Plan (SIP) submitted by the State of 
Oklahoma on February 14, 2002 (the February 14, 2002, SIP submittal). 
This action addresses revisions to the Oklahoma Administrative Code 
(OAC), Title 252, Chapters 4 and 100, concerning the State's Minor New 
Source Review air permitting program. Many revisions are administrative 
in nature and modify redundant or incorrect text within the SIP. The 
revisions also include renumbered or codified portions of the SIP and 
new sections that incorporate Federal rules. This rulemaking is being 
taken in accordance with section 110 of the Clean Air Act (CAA).

DATES: Written comments must be received on or before December 29, 
2016.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-0989, at http://www.regulations.gov or via email to 
[email protected]. 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

[[Page 85908]]

accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to 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, 214-665-7227, 
[email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at the EPA 
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available at either location 
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett, 214-665-7227, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Rick Barrett or Mr. Bill Deese at 214-665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or 
``our'' means the EPA.

I. Background
II. Oklahoma's Program for Minor New Source Review
III. EPA's Evaluation of Proposed SIP Revisions
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    The SIP is a set of air pollution regulations, control strategies 
and technical analyses developed by the state, to ensure that the state 
meets the National Ambient Air Quality Standards (NAAQS). These ambient 
standards are established under section 109 of the Act and they 
currently address six criteria pollutants: Carbon monoxide, nitrogen 
dioxide, ozone, lead, particulate matter, and sulfur dioxide. The SIP 
is required by section 110 of the Act and can be extensive, containing 
state regulations or other enforceable documents and supporting 
information such as emission inventories, monitoring networks, and 
modeling demonstrations. EPA has promulgated implementing regulations 
for the preparation, adoption, and submittal of SIPs. 40 CFR part 51.
    The Clean Air Act at section 110(a)(2)(C) requires states to 
develop and implement permitting programs (called new source review or 
NSR) for attainment and nonattainment areas; these NSR programs cover 
both construction and modification of stationary sources.\1\ Each SIP 
must include legally enforceable procedures that enable the state to 
determine whether the construction or modification of a stationary 
source will result in a violation of applicable portions of a control 
strategy or the interference with the attainment or maintenance of a 
NAAQS. 40 CFR 51.160. EPA rules set forth detailed requirements for the 
development of approvable SIP provisions related to the construction of 
new major stationary sources and major modifications to existing major 
stationary sources (Major NSR) located in both attainment and 
nonattainment areas. See, e.g., 40 CFR 51.165-166; however, the 
requirements for the development of approvable SIP provisions related 
to the construction and modification of minor sources and minor 
modifications to existing major stationary sources (Minor NSR) are 
governed by the more general provisions of 40 CFR 51.160-51.164. EPA 
has previously approved rules submitted by Oklahoma to implement the 
Major NSR permitting program, including revisions to rules that are 
also the subject of this rulemaking, but only as those rules relate to 
the Major NSR program. See, e.g., 75 FR 72695, November 26, 2010. The 
next section provides a description of Oklahoma's Minor NSR program and 
the portions of the February 14, 2002 SIP submittal related to 
Oklahoma's Minor NSR program that are being acted upon in this proposed 
rulemaking.
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    \1\ The definition of ``stationary source'' or ``source'' used 
herein is equivalent to ODEQ's definition of ``facility,'' as 
defined at OAC 252:100-1-3.
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    Some severable provisions submitted by the State of Oklahoma on 
February 14, 2002, are not addressed in today's action. For these 
provisions, the EPA has severed the submitted provisions from today's 
proposed rulemaking and will address them at a later date. The table 
below and the TSD accompanying our rulemaking identifies the submitted 
provisions that we are proposing to approve and those provisions we are 
neither evaluating nor acting upon in this proposed rulemaking.

II. Oklahoma's Program for Minor New Source Review

    A. Overview--The EPA-approved Oklahoma SIP rules comprising 
Oklahoma's Minor New Source Review (NSR) program may be found in 
Regulation 1.4, Air Resources Management Permits Required. A revision 
to Regulation 1.4 was approved by EPA on November 8, 1999 (64 FR 60683) 
as part of the Oklahoma visibility SIP. The EPA's November 26, 2010 
rulemaking mentioned above also revised Regulation 1.4 of the Oklahoma 
SIP, but only as it applied to Oklahoma's Major NSR program. See 75 FR 
72695 and OAC 252:100-8. Oklahoma's Minor NSR program has been 
significantly modified and expanded. Elements of Oklahoma's Minor NSR 
program may now be found in OAC 252:4-1 (General Provisions), OAC 
252:4-7 (Environmental Permit Process), Appendix C (Permitting Process 
Summary), OAC 252:100-5 (Registration, Emission Inventory and Annual 
Operating Fees), OAC 252:100-7 (Permits for Minor Facilities), Appendix 
H (De Minimis Facilities) and OAC 252:100-8 (Permits for Part 70 
Sources). Those rules before us for action are limited to Minor NSR, 
and the effect of our rulemaking action, if finalized, will be the 
removal of Regulation 1.4 from the Oklahoma SIP (except as it applies 
to Minor NSR permitting under OAC 252:100-8) and the incorporation of 
specific provisions in the other regulations referenced above into the 
Oklahoma SIP.
    B. Types of Minor NSR Permitting Actions--Oklahoma divides its 
permitting program between ``Permits for Minor Facilities'' found in 
OAC 252:100-7, and ``Permits for Part 70 Sources'' which includes Major 
New Source Review (NSR) Sources, found in OAC 252:100-8. Oklahoma's 
February 14, 2002 SIP submittal includes OAC 252:100-7 which 
establishes three types of construction and operating permits for minor 
facilities: A permit by rule (PBR), a general permit, and an individual 
permit. The PBR program applies to facilities emitting less than 40 
tons per year (TPY) of any regulated pollutant, in an industry group 
for which a rule has been promulgated. The general permitting program 
generally applies to facilities emitting between 40 TPY and 100 TPY, in 
an industry group for which a general permit has been issued. Minor 
facilities which do not qualify for either of these shall obtain an 
individual permit. De minimis facilities are those facilities which 
emit less than 5 TPY and are not required to obtain a permit. As 
discussed later, Oklahoma's Minor NSR Program also applies to minor 
modifications of existing major stationary sources, covered by OAC 
252:100-8, although we are not proposing action on the Minor NSR-

[[Page 85909]]

related rules in OAC 252:100-8 at this time. We also note that OAC:252 
100-7 and OAC:252:100-8 have requirements for both construction and 
operating permits; however, only the construction permitting 
requirements are required under the CAA and 40 CFR part 51, subpart I.
    OAC 252:100-7 also deletes the lower limit of 5 TPY for PBR 
facilities. This allows facilities subject to New Source Performance 
Standards (NSPS) with emissions less than 5 TPY to apply for a PBR 
instead of obtaining an individual permit.
    A PBR or general permit may be issued if there are a sufficient 
number of facilities that have similar operations, emissions, and 
activities that are subject to the same standards, limitations, and 
operating and monitoring requirements. OAC 252:100-7 Part 9 and OAC 
252:100-7 Part 3 outline the criteria required to qualify for these 
permits: (1) A facility may apply for a PBR if the facility's actual 
emissions are less than 40 TPY, except hazardous air pollutants (HAPs); 
the facility does not emit or have the potential to emit 10 TPY or more 
of any single hazardous air pollutant (HAP) or 25 TPY or more of any 
combination of HAPs; the ODEQ must have established a permit by rule 
for the industry; the facility certifies that it will comply with the 
applicable PBR; and the facility is not operated in conjunction with 
another facility or source that is subject to air quality permitting; 
and (2) A minor facility may apply for a general permit if its actual 
emissions are less than 100 TPY of each regulated air pollutant, except 
for HAPs; the facility does not emit or have the potential to emit 10 
TPY or more of any single HAP or 25 TPY or more of any combination of 
HAPs; and ODEQ has issued a general permit for the industry.
    In general, a facility may apply for an individual permit if the 
facility's actual emissions are less than 100 TPY; the facility does 
not emit or have the potential to emit 10 TPY or more of any single 
hazardous air pollutant (HAP) or 25 TPY or more of any combination of 
HAPs; the facility submits an application form from the ODEQ that 
provides all data and information required by OAC 252:100-7, such as 
site information, process description, emission data; and the facility 
provides information necessary for any required BACT \2\ determination, 
modeling and sampling point data. Individual permits may be applied for 
even if the facility qualifies for a PBR or a general permit.
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    \2\ See definition of ``Best Available Control Technology'' or 
``BACT'' at OAC 252:100-7.1.1 as it applies to Oklahoma's Minor NSR 
program, as compared to the BACT requirements for Oklahoma's Major 
NSR program at OAC 252:100-8-34, as previously approved by EPA into 
the Oklahoma SIP (75 FR 72695, November 26, 2010).
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    C. Permitting Practice and Procedures for Minor Facilities and 
Minor Revisions--OAC 252:4 (Rules of Practice and Procedure) provides 
administrative procedures for permit issuance, public notice, and 
administrative proceedings. OAC 252:4 was adopted to meet the 
requirements of the Oklahoma Administrative Procedures Act, which 
requires each State agency to adopt rules describing its organization, 
method of operation and methods by which the public may obtain or 
provide information to the agency. These rules also specify the 
requirements of all formal and informal procedures available, including 
a description of forms and instructions.
    OAC 252:4-1 (General Provisions) includes the practices and 
procedures of the Environmental Quality Board, Advisory Councils, and 
the Department of Environmental Quality; the availability of records; 
and fees for copying, faxing, records search and mail services.
    OAC 252:4-7 (Environmental Permit Process) includes Part 1 (The 
Process) and Part 3 (Air Quality Division Tiers and Time Lines). 
Representative sections of Part 1 include OAC 252:4-7-2 (Preamble), OAC 
252:4-7-13 (Notices) and OAC 252:4-7-15 (Permit issuance or denial). 
Representative sections of Part 3 include OAC 252:4-7-31 (Air quality 
time lines) and OAC 252:4-7-33 (Air quality applications--Tier II). OAC 
252:4-7 is briefly discussed in more detail below.
    The Preamble of OAC 252:4-7 is the introductory section, 
referencing the Uniform Environmental Permitting Act (UEPA), which 
requires that DEQ fit licenses, permits, certificates, approvals and 
registrations into a category, or Tier, established under the uniform 
environmental permitting rules. The UEPA was created to streamline the 
permitting process and is located in Oklahoma Statute Title 27A 
Environment and Natural Resources, Chapter 2: Oklahoma Environmental 
Quality Code, Sections 1 through 12. Tier I are administrative 
decisions made by a technical supervisor without public participation, 
aside from the landowner. Tier II are administrative decisions made by 
the Division Director with some public participation, including notice 
to the public, and the opportunity for a public meeting and public 
comment. Tier III are administrative decisions made by the Executive 
Director with extensive public participation, e.g., an administrative 
evidentiary hearing.
    The UEPA requires an applicant to give notice. Notice requirements 
include providing notice to the landowner if the applicant does not own 
the property, providing a draft notice for approval to DEQ prior to 
publication, and proof of publication; these are in addition to the 
notice requirements for permits under the UEPA.
    OAC 252:4, Appendix C (Permitting Process Summary) lists the permit 
processing steps required under each of the three Tiers. As explained 
below, Tier I covers permitting for minor facilities and minor 
revisions to facilities.
    D. Oklahoma's Permitting Regulations and Revisions Submitted in the 
February 14, 2002 SIP Submittal--OAC 252:100 (Air Pollution Control) 
provides, in part, details regarding permitting fees, permitting for 
minor facilities, permitting for Part 70 Sources, and Prevention of 
Significant Deterioration (PSD) requirements for major stationary 
sources.
    Oklahoma's February 14, 2002 SIP submittal includes three separate 
revisions to OAC 252:100-5 (Registration, Emission Inventory and Annual 
Operating Fees). The first revision to OAC 252:100-5 was adopted by 
Oklahoma in 1998 and includes requirements to file an emission 
inventory, formerly located in OAC 252:100-7; requirements to pay 
annual operating fees, formerly located in OAC 252:100-7 and OAC 
252:100-8; and increases to the annual operating fees for minor 
facilities and non-Part 70 sources. The second revision to OAC 252:100-
5 was adopted by Oklahoma in 1999, to modify the base annual operating 
fee for minor facilities and the annual operating fee for Part 70 
sources. The third revision to OAC 252:100-5 was adopted by Oklahoma in 
2000, allowing the agency to bill annual operating fees on a flexible 
schedule and providing edits that define billing dates and identifying 
how errors will be handled. The changes allow fees to be based on the 
most recent emissions data and require inventories to be submitted 
prior to March 1. Miscellaneous edits delete redundant text and clarify 
text; the revisions are not substantive.
    Oklahoma's February 14, 2002 SIP submittal also included several 
revisions to OAC 252:100-7 (Permits for Minor Facilities). As stated in 
Part I above, the EPA took no action on OAC 252:100-7 in Oklahoma's 
1994 SIP submittal, so Regulation 1.4 remained in the SIP. Today's 
rulemaking proposes to approve revisions to eliminate Regulation 1.4 
from the Oklahoma SIP, with the exception of its applicability to Minor 
NSR permitting under OAC

[[Page 85910]]

252:100-8, while also taking action on identified revisions to OAC 
252:100-7 that have been adopted by the State since the EPA's November 
8, 1999 rulemaking.
    A brief discussion of each of the revisions related to what is now 
OAC 252:100-7 (hereinafter ``Subchapter 7''), as submitted by Oklahoma 
on February 14, 2002, for EPA review and approval into the Oklahoma 
SIP, is presented below. Please note that rules adopted by Oklahoma in 
the first five revisions listed below are superseded by the last three 
revisions listed, and they are provided for background information 
purposes.
    The first set of revisions was adopted by Oklahoma effective May 6, 
1988, and affect the permitting regulations for new and existing 
sources of air pollution by increasing construction and operating 
permit fees for new sources and requiring all permits to be renewable 
on an annual basis. Renewal fees are assessed annually on all regulated 
sources.
    In 1990, the State Legislature passed the Oklahoma Administrative 
Procedures Act which mandated a common format for Oklahoma's rules and 
regulations. The Oklahoma State Department of Health was assigned to 
Title 310 in the OAC, the Air Pollution Control Rules were assigned to 
Chapter 200, and each regulation was assigned to a Subchapter. 
Regulation 1.4 became OAC Title 310, Chapter 200, Subchapter 7 or OAC 
310:200-7, and was renamed ``Permits.'' This recodification of 
Regulation 1.4 to OAC 310:200-7 and change in fee provisions were the 
second revisions to Subchapter 7, adopted by Oklahoma and effective 
June 1, 1993.
    In 1993, the Oklahoma Air Quality Service became the Air Quality 
Division (AQD) of the newly created ODEQ. As a result, the Air 
Pollution Control Rules were recodified to OAC 252:100, adopted by 
Oklahoma effective May 26, 1994, and submitted by the Governor of 
Oklahoma to the EPA as a revision to the Oklahoma SIP on May 16, 1994.
    The fourth set of revisions to Subchapter 7 was adopted by 
Oklahoma, effective July 1, 1996, and affects operating time limits for 
permitted and unpermitted minor sources.
    The fifth set of revisions to Subchapter 7 was adopted by Oklahoma, 
effective June 2, 1997, and excludes total suspended particulates (TSP) 
from being considered as regulated air pollutants for purposes of fee 
calculation only.
    The sixth set of revisions to Subchapter 7 was adopted by Oklahoma, 
effective June 25, 1998. These revisions incorporate a new permit 
classification system that includes environmental impact, emission 
levels, and source changes in Oklahoma. Other changes remove 
requirements for Part 70 and major sources (which are relocated to 
Subchapter 8); define and exempt ``de minimis'' facilities (less than 5 
tons); revise minor permit application fees; and introduce the PBR, 
general and individual permits.
    The seventh set of revisions to Subchapter 7 was adopted by 
Oklahoma, effective June 11, 1999, and includes modifications to 
language applicable to de minimis facilities, PBR, and general permits. 
Additional changes increase various application fees for minor 
facilities.
    The eighth set of revisions to Subchapter 7 was adopted by 
Oklahoma, effective June 1, 2001. Provisions of Regulation 1.4 were 
moved into OAC 252:100-7-2, requiring applications be signed by the 
applicant; the signature constitutes an implied agreement that the 
applicant shall be responsible for assuring construction or operation, 
as applicable, in accordance with the application and OAC 252:100; and 
the applicant's duty to correct any errors or omissions on the 
application.
    In addition to the revisions to OAC 252:100-7 discussed above, 
Oklahoma's February 14, 2002 SIP submittal includes revisions to OAC 
252:100, Subchapter 8 (Permits for Part 70 Sources). The State reasons 
that it would be difficult to separate the Subchapter 8 rules that are 
based solely on Title V program requirements from those Subchapter 8 
rules that are based upon SIP requirements, without omitting essential 
requirements. As such, Oklahoma submitted all of the Subchapter 8 rule 
revisions noted herein for approval into the Oklahoma SIP.
    Oklahoma's February 14, 2002 SIP submittal revises OAC 252:100-8, 
Part 1 (General Provisions), OAC 252:100-8, Part 5 (Permits for Part 70 
Sources), OAC 252:100-8, Part 7 (Prevention of Significant 
Deterioration (PSD) Requirements for Attainment Areas), and OAC 
252:100-8, Part 9 (Major Sources Affecting Nonattainment Areas). These 
sections include general information, including eligibility criteria 
for general and individual permits; sources subject to the permit 
requirements and permit contents; administrative requirements, 
including format, transmission of information, review and petitions; 
applicability of new sources to NSR requirements; demonstration of best 
available control technology and evaluation of air quality impact. As 
stated in Section I discussion above, the EPA's November 26, 2010 
rulemaking (75 FR 72695) approved OAC 252:100-8, Parts 7 and 9 as well 
as OAC 252:100-8, Parts 1 and Part 5 (as they apply to sources subject 
to the Major NSR program requirements) into the Oklahoma SIP. EPA 
considers the Minor NSR provisions in Subchapter 8 for Part 70 sources 
severable from the Subchapter 7 Minor NSR requirements for minor 
facilities. We also note that additional SIP submittals with Subchapter 
8 revisions are currently before the EPA for action. In today's 
proposal, the EPA is not proposing approval of those portions of OAC 
252:100-8, Parts 1 and 5 as they apply to Oklahoma's Minor NSR 
permitting program; the EPA will address the Minor NSR program aspects 
of OAC 252: 100-8 in a separate action.
    Finally, OAC 252:100, Appendix H (De Minimis Facilities) is 
referenced in Section 252:100-7-1.1. Appendix H lists the facilities 
that qualify as De Minimis, such as agricultural (lawn care), 
woodworking (portable wood chipping operations), office/janitorial, and 
cleaning/surface preparation (cold degreasing operations).
    Additional discussion of the above SIP revisions is located below 
and also in the Technical Support Document (TSD) which is in the docket 
for this proposed rule.

III. EPA Evaluation of Proposed SIP Revisions

    A. EPA Evaluation of Requirements for Minor NSR--As stated above, 
the EPA regulations governing the criteria that states must satisfy for 
EPA SIP approval of regulations specific to Minor NSR programs are 
contained in 40 CFR Sections 51.160-51.164. More specifically, the 
provisions of a Minor NSR program must include legally enforceable 
procedures that enable the permitting authority to determine whether 
the construction or modification of a source will result in a violation 
of applicable portions of the control strategy or interfere with 
attainment or maintenance of a NAAQS. 40 CFR 51.160(a). To accomplish 
this goal, the state's Minor NSR program must include the means by 
which the permitting authority will prevent such construction or 
modification if it would result in a violation of applicable portions 
of a control strategy or interfere with the attainment or maintenance 
of a NAAQS. 40 CFR 51.160(b). Other requirements for an approvable 
Minor NSR program are contained in 40 CFR 51.160(c)-(f) as well as in 
40 CFR 51.161-51.164. As discussed in Section

[[Page 85911]]

II above, elements of Oklahoma's Minor NSR program may be found in both 
OAC 252:100-7 (Permits for Minor Facilities) as well as in OAC 252:100-
8 (Permits for Part 70 Sources); however, the EPA will not be taking 
action on the Minor NSR program elements located in OAC 252:100-8 at 
this time. Regulation 1.4 of the currently approved SIP will continue 
to apply to the minor NSR program as it applies to sources subject to 
Part 70 (See OAC 252:100-8).The TSD which accompanies this proposed 
rulemaking contains a detailed review of Oklahoma's February 14, 2002 
SIP submittal and how the submitted regulations being acted upon in 
this proposed rulemaking meet the requirements for an approvable Minor 
NSR program. A summary of our evaluation is provided below.
    Under the permitting requirements for minor facilities in OAC 
252:100-7 Permits for Minor Facilities, no person may commence 
construction or modification of any minor facility, may operate any new 
minor facility, or may relocate any minor portable source without 
obtaining a permit from ODEQ, except for de minimis facilities.
    The provisions in OAC 252:100-7 Permits for Minor Facilities 
establish both an initial construction permit and a subsequent 
operating permit. Under OAC 252:100-7-15(b) three types of construction 
permits are available: A permit by rule (PBR), a general permit, and an 
individual permit. These provisions allow ODEQ to develop and issue 
PBR, general, and individual minor source permits. Minor NSR sources 
may seek authorization under the PBR or general permit, in lieu of an 
individual permit, if they meet the requirements of the PBR provisions 
or general permitting program and the specific requirements of each PBR 
or general permit. Regardless of the type of permit applied for, the 
applicant must provide specific information which is evaluated by the 
ODEQ both in the application process and on an ongoing basis. For 
example, OAC 252:100-7-15(d) requires that all three types of minor 
construction permits contain provisions that: (1) Require the permittee 
to comply with all applicable air pollution rules, (2) prohibit the 
exceedance of ambient air quality standards, and (3) may establish 
permit conditions and limitations as necessary to assure compliance 
with all rules. The specific PBR or general permit rule and application 
form requires that data and information be provided which includes, but 
is not limited to, process description, emission data, any required 
BACT \3\ determination, modeling and sampling point data. Under OAC 
252:100-7-18(d)(1), Operating permit conditions, the emission 
limitations established and made a part of the construction permit are 
incorporated into and become enforceable limitations of the 
subsequently issued operating permit. Under OAC 252:100-5-2.1 Emission 
Inventory, any facility that is a source of air emissions shall submit 
a complete emission inventory annually, except every 5 years for a PBR 
with emissions less than 5 tons per year. Therefore, as required by the 
provisions of Chapter 4 and Chapter 100, the PBR, general and 
individual permits must contain terms and conditions that assure 
sources authorized via the construction permit and subsequent operating 
permit will meet all applicable requirements under the Act (e.g., NSR, 
NSPS, NESHAP) and will not cause or contribute to an exceedance of the 
NAAQS. Also, see OAC 252:4-7-32 and OAC 252:100-7-15(d)(2).
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    \3\ Id.
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    As discussed above, the EPA believes that provisions of OAC 
252:100-7 satisfy the requirements of 40 CFR 51.160(a) and enable the 
permitting authority to determine whether the construction or 
modification will result in a violation of applicable portions of the 
control strategy or interfere with attainment or maintenance of a 
national ambient air quality standard. Further, these provisions 
satisfy the requirements of 40 CFR 51.160(d) which require that 
approval of any construction or modification must not affect the 
responsibility of the owner or operator to comply with applicable 
portions of the control strategy.
    Based on our evaluation, we propose to find that the severable 
portions of the Minor NSR program requirements in OAC 252:4-1 (General 
Provisions), OAC 252:4-7 (Environmental Permit Process), Appendix C 
(Permitting Process Summary), OAC 252:100-5 (Registration, Emission 
Inventory and Annual Operating Fees), OAC 252:100-7 (Permits for Minor 
Facilities) and Appendix H are approvable as meeting CAA requirements 
for a Minor NSR program. These severable Minor NSR permit provisions 
provide for the necessary procedures and applicable requirements for 
approvable Minor NSR programs. Additional details regarding our 
evaluation are found in the TSD accompanying this proposed rulemaking. 
The TSD is available in the docket and from the EPA Region 6 office.
    B. CAA 110(l) Analysis--Each revision to an implementation plan 
submitted by a state under the Clean Air Act shall be adopted by such 
state after reasonable notice and public hearing. ODEQ adopted the 
proposed revisions after reasonable notice and public hearing. CAA 
section 110(l) also states that the Administrator shall not approve a 
revision of a plan if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress (as 
defined in CAA section 171), or any other applicable requirement of the 
Act. For purposes of the analysis under CAA section 110(l), we have 
taken into account the overall effect of the revisions included in this 
action. Given that these revisions primarily concern recodified 
portions of the Oklahoma SIP, new sections that incorporate Federal and 
state rules, deletions of duplicative and outdated rules, and edits 
that simplify text and correct errors, we propose to find that the 
overall effect of the revisions would improve the Oklahoma SIP, and our 
approval would not interfere with any CAA requirement.
    EPA's review of the proposed revisions and appendix, in accordance 
with section 110 of the CAA, forms the basis for demonstrating 
noninterference with applicable CAA requirements for attainment, 
including violation of any NAAQS or contribution to a PSD increment 
exceedance. The TSD contained in the docket for this action contains 
our review of the individual sections for each regulation associated 
with this proposed SIP revision rulemaking. Our review demonstrates 
that the changes made to the Oklahoma rules being acted upon in today's 
proposed rulemaking reflect either the same regulatory language or are 
consistent with the requirements found in the federal rules related to 
Minor NSR SIP programs. The TSD also contains references to supporting 
technical documentation in the docket regarding specific aspects of the 
proposed revisions, including Appendix H. De Minimis Facilities.
    In its review of the proposed revisions and appendix identified 
above, the EPA also took into consideration the following factors. 
There is no currently designated nonattainment area for any air 
pollutant in the State of Oklahoma. The entire State is currently in 
attainment for all criteria pollutants, and has been since the original 
promulgation and subsequent revisions of the NAAQS and PSD increments. 
Also, air quality has generally remained at the same level or has 
steadily improved both statewide and in the largest metropolitan 
statistical areas of Oklahoma City and Tulsa, as shown in

[[Page 85912]]

the EPA's ``Air Quality System'' repository, and the EPA's ``Air 
Quality Trends by City'' monitoring data averages from 1990 through 
2015. Furthermore, since the list of exempted source categories 
(Appendix H) included in the proposed revisions have historically 
operated without coverage by an air permit and there are no anticipated 
increases in emissions or in the number of these types of sources 
resulting from the approval of the de minimis exemption list into the 
Oklahoma SIP, the EPA finds there is a low possibility of adverse 
impacts on ambient air quality from the emission sources and activities 
included in Appendix H. Our conclusion is supported by ambient air 
monitoring trends in Oklahoma, as more specifically discussed in the 
TSD associated with this proposed rulemaking. Our noninterference 
determination and proposed approval of OAC 252:100, Appendix H is 
consistent with our assessment of the environmental significance 
associated with emissions covered by this Appendix. The ODEQ has been 
implementing the Minor NSR air permitting program based on the 
codification of their permitting policy without any indication that the 
de minimis facilities listed in Appendix H have interfered with 
attainment or any other applicable requirement of the CAA. Therefore, 
the EPA proposes to approve Appendix H into the Oklahoma SIP since it 
meets CAA requirements for Minor NSR and the requirements of CAA 
section 110.
    Based on historical trends and supporting air quality monitoring 
data documenting air quality improvements throughout the State, we 
believe the proposed Minor NSR SIP revision meets the requirements of 
CAA section 110(l) and is consistent with the provisions of 40 CFR 
51.160(e) which provide state agencies the latitude to define the types 
and sizes of facilities, buildings, structures, or installations 
subject to review. We believe the implementation of these rules will 
not interfere with any applicable requirement concerning attainment, 
reasonable further progress, maintaining PSD increment, or any other 
applicable requirement of the CAA.
    Accordingly, the EPA is proposing approval of these revisions under 
section 110 of the Act. Further discussion of CAA section 110(l) is 
contained in the TSD for this proposed rule. The TSD is available in 
the docket and from the EPA Region 6 office.

IV. Proposed Action

    We are proposing to approve severable portions of revisions 
relating to the Minor NSR program of the Oklahoma SIP, as submitted to 
the EPA on February 14, 2002. The revisions include portions of OAC 
252:4, Rules of Practice and Procedure, and OAC 252:100, Air Pollution 
Control. These revisions replace the corresponding regulations in the 
Oklahoma SIP found in Regulation 1.4, Air Resources Management Permits 
Required, with the exception of the continued applicability of 
Regulation 1.4 to Minor NSR permitting under OAC 252:100-8. EPA has 
made its determination in accordance with the CAA and the EPA 
regulations at 40 CFR 51.160--51.164. Therefore, under section 110 of 
the Act, and for the reasons presented above and in our accompanying 
TSD, the EPA proposes approval of severable portions of revisions to 
the Oklahoma Minor NSR SIP identified in Table 1 below.

                          Table 1--Revisions to the Oklahoma SIP Proposed for Approval
----------------------------------------------------------------------------------------------------------------
             Section                     Title                Effective date                Submittal date
----------------------------------------------------------------------------------------------------------------
                             Chapter 4 (OAC 252:4). Rules of Practice and Procedure
----------------------------------------------------------------------------------------------------------------
                                        Subchapter 1. General Provisions
----------------------------------------------------------------------------------------------------------------
OAC 252:4-1-1...................  Purpose and          June 11, 2001...............  February 14, 2002.
                                   Authority.
OAC 252:4-1-2...................  Definitions........  June 11, 2001...............  February 14, 2002.
OAC 252:4-1-3...................  Organization.......  June 11, 2001...............  February 14, 2002.
OAC 252:4-1-4...................  Office hours and     June 11, 2001...............  February 14, 2002.
                                   locations;
                                   communications.
OAC 252:4-1-5, except (a) 2nd     General Provisions,  June 11, 2001...............  February 14, 2002.
 sentence, which EPA will          Availability of a
 address in a separate action.     record.
OAC 252:4-1-6...................  Administrative fees  June 11, 2001...............  February 14, 2002.
OAC 252:4-1-7...................  Fee credits for      June 11, 2001...............  February 14, 2002.
                                   regulatory fees.
OAC 252:4-1-8...................  Board and Councils.  June 11, 2001...............  February 14, 2002.
OAC 252:4-1-9...................  Severability.......  June 11, 2001...............  February 14, 2002.
----------------------------------------------------------------------------------------------------------------
                                   Subchapter 7. Environmental Permit Process
----------------------------------------------------------------------------------------------------------------
OAC 252:4-7-1...................  Authority..........  June 11, 2001...............  February 14, 2002.
OAC 252: 4-7-2, except 2nd        Preamble...........  June 11, 2001...............  February 14, 2002.
 sentence, which EPA will
 address in a separate action.
OAC 252: 4-7-3..................  Compliance.........  June 11, 2001...............  February 14, 2002.
OAC 252:4-7-4, except (a) 1st     Filing an            June 11, 2001...............  February 14, 2002.
 sentence, which EPA will          application.
 address in a separate action..
OAC 252:4-7-5...................  Fees...............  June 11, 2001...............  February 14, 2002.
OAC 252: 4-7-6..................  Receipt of           June 11, 2001...............  February 14, 2002.
                                   Applications.
OAC 252:4-7-7...................  Administrative       June 11, 2001...............  February 14, 2002.
                                   completeness
                                   review.
OAC 252:4-7-8...................  Technical review...  June 11, 2001...............  February 14, 2002.
OAC 252:4-7-9...................  When review times    June 11, 2001...............  February 14, 2002.
                                   stops.
OAC 252:4-7-10..................  Supplemental time..  June 11, 2001...............  February 14, 2002.
OAC 252:4-7-11..................  Extensions.........  June 11, 2001...............  February 14, 2002.
OAC 252:4-7-12..................  Failure to meet      June 11, 2001...............  February 14, 2002.
                                   deadline.
OAC 252:4-7-13, except (a),       Notices............  June 11, 2001...............  February 14, 2002.
 which EPA will address in a
 separate action.
OAC 252:4-7-14..................  Withdrawing          June 11, 2001...............  February 14, 2002.
                                   applications.
OAC 252:4-7-15..................  Permit issuance or   June 11, 2001...............  February 14, 2002.
                                   denial.
OAC 252:4-7-17..................  Permit decision-     June 11, 2001...............  February 14, 2002.
                                   making authority.
OAC 252:4-7-18..................  Pre-issuance permit  June 11, 2001...............  February 14, 2002
                                   review and
                                   correction.

[[Page 85913]]

 
OAC 252:4-7-19..................  Consolidation of     June 11, 2001...............  February 14, 2002.
                                   permitting process.
----------------------------------------------------------------------------------------------------------------
                                Part 3. Air Quality Division Tiers and Timelines
----------------------------------------------------------------------------------------------------------------
OAC 252:4-7-31..................  Air quality time     June 11, 2001...............  February 14, 2002.
                                   lines.
OAC 252: 4-7-32, except (a) and   Air quality          June 11, 2001...............  February 14, 2002.
 (c)(1), which EPA will address    applications--Tier
 in a separate action.             I.
----------------------------------------------------------------------------------------------------------------
                                        Appendices for OAC 252: Chapter 4
----------------------------------------------------------------------------------------------------------------
OAC 252: 4. Appendix C, except    Permitting process   June 11, 2001...............  February 14, 2002.
 the Tier I column, which EPA      summary.
 will address in a separate
 action.
----------------------------------------------------------------------------------------------------------------
                                 Chapter 100 (OAC 252:100) Air Pollution Control
----------------------------------------------------------------------------------------------------------------
                    Subchapter 5. Registration, Emission Inventory and Annual Operating Fees
----------------------------------------------------------------------------------------------------------------
OAC 252: 100-5-1................  Purpose............  June 12, 2000...............  February 14, 2002.
OAC 252: 100-5-1.1..............  Definitions........  June 12, 2000...............  February 14, 2002.
OAC 252: 100-5-2................  Registration of      June 12, 2000...............  February 14, 2002.
                                   potential sources
                                   of air
                                   contaminants.
OAC 252: 100-5-2.1..............  Emission inventory.  June 12, 2000...............  February 14, 2002.
OAC 252: 100-5-2.2..............  Annual operating     June 12, 2000...............  February 14, 2002.
                                   fees.
OAC 252: 100-5-3................  Confidentiality of   June 12, 2000...............  February 14, 2002.
                                   proprietary
                                   information.
----------------------------------------------------------------------------------------------------------------
                                   Subchapter 7. Permits for Minor Facilities
----------------------------------------------------------------------------------------------------------------
                                           Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
OAC 252: 100-7-1................  Purpose............  June 25, 1998...............  February 14, 2002.
OAC 252: 100-7-1.1..............  Definitions........  June 11, 1999...............  February 14, 2002.
OAC 252: 100-7-2, except (a) 2nd  Requirement for      June 1, 2001................  February 14, 2002.
 sentence, which EPA will          permits for minor
 address in a separate action.     facilities.
----------------------------------------------------------------------------------------------------------------
                                          Part 3. Construction Permits
----------------------------------------------------------------------------------------------------------------
OAC 252: 100-7-15...............  Construction permit  June 11, 1999...............  February 14, 2002.
----------------------------------------------------------------------------------------------------------------
                                            Part 4. Operating Permits
----------------------------------------------------------------------------------------------------------------
OAC 252: 100-7-17...............  Relocation permits   June 25, 1998...............  February 14, 2002.
                                   for portable
                                   sources.
OAC 252: 100-7-18...............  Operating permit...  June 11, 1999...............  February 14, 2002.
----------------------------------------------------------------------------------------------------------------
                                             Part 9. Permits by Rule
----------------------------------------------------------------------------------------------------------------
OAC 252: 100-7-60...............  Permit by rule.....  June 11, 1999...............  February 14, 2002.
OAC 252: 100-7-60.1.............  Cotton gins........  June 11, 1999...............  February 14, 2002.
OAC 252: 100-7-60.2.............  Grain elevators....  June 11, 1999...............  February 14, 2002.
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 8. Permits for Part 70 Sources
         EPA will address applicability to Minor NSR permitting under OAC 252:100-8 in a separate action
----------------------------------------------------------------------------------------------------------------
OAC 252: 100. Appendix H........  DE MINIMIS           June 25, 1998...............  February 14, 2002.
                                   FACILITIES.
----------------------------------------------------------------------------------------------------------------

V. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference revisions to the Oklahoma regulations as described in the 
Proposed Action section above. We have made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the EPA Region 6 office.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this 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

[[Page 85914]]

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. 104-4);
     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 12(d) 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).

In addition, the SIP is not approved to apply on any Indian reservation 
land or in any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur dioxide, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: November 16, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-28673 Filed 11-28-16; 8:45 am]
 BILLING CODE 6560-50-P