[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Proposed Rules]
[Pages 58685-58689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15448]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R06-OAR-2020-0610; FRL-11996-01-R6]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; Oklahoma; Control of Emissions 
From Existing Commercial and Industrial Solid Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve the CAA 
section 111(d)/129 state plan revision submitted by the State of 
Oklahoma for sources subject to the Commercial and Industrial Solid 
Waste Incineration units (CISWI) Emission Guidelines (EG). The Oklahoma 
CISWI plan was submitted to fulfill state obligations under CAA section 
111(d)/129 to implement and enforce the requirements under the CISWI 
EG. The EPA is proposing to approve the state plan and amend the agency 
regulations in accordance with the requirements of the CAA.

DATES: Written comments must be received on or before August 19, 2024.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2020-0610, at https://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 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 Karolina Ruan Lei, (214) 
665-7346, [email protected]. 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: Karolina Ruan Lei, EPA Region 6 
Office, Air and Radiation Division--State Planning and Implementation 
Branch (R6-ARSH), (214) 665-7346, [email protected]. We 
encourage the public to submit comments via https://www.regulations.gov. 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.

I. Background

A. Clean Air Act Section 111(d)/129 Requirements

    Sections 111(d) and 129 of the CAA require states to submit plans 
to control certain pollutants (designated pollutants) at existing solid 
waste combustor facilities (designated facilities) whenever standards 
of performance have been established under section 111(b) for new 
sources of the same type, and the EPA has established emission 
guidelines for such existing sources. CAA section 129 directs the EPA 
to establish standards of performance for new sources (NSPS) and 
emissions guidelines (EG) for existing \1\ sources for each category of 
solid waste incinerator specified in CAA section 129. Under CAA section 
129, NSPS and EG must contain numerical emissions limitations for 
particulate matter, opacity (as appropriate), sulfur dioxide, hydrogen 
chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, 
and dioxins and dibenzofurans. While NSPS are directly applicable to 
new sources, EG for existing sources (designated facilities) are 
intended for states to use to develop a state plan to submit to the 
EPA. When designated facilities are located in a state, the state must 
then develop and submit a plan for the control of the designated 
pollutants.
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    \1\ In this context and for purposes under CAA section 111(d)/
129, the term ``existing'' source is synonymous with designated 
facility. These are sources that were constructed, reconstructed, or 
modified on or before the date specified in the emission guideline 
the source applies to.
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    State plan submittals and revisions under CAA section 111(d) must 
be consistent with the applicable EG and the requirements of 40 CFR 
part 60, subpart B, and part 62, subpart A. The regulations at 40 CFR 
part 60, subpart B, contain general provisions applicable to the 
adoption and submittal of state plans and plan revisions under CAA 
section 111(d). Additionally, 40 CFR part 62, subpart A, provides the 
procedural framework by which the EPA will approve or disapprove such 
plans and plan revisions submitted by a state. Once approved by the 
EPA, the state plan becomes federally enforceable. If a state does not 
submit an approvable state plan to the EPA, the EPA is responsible for 
developing, implementing, and enforcing a federal plan. However, 40 CFR 
60.23(b) and 40 CFR 62.06 provide that if there are no

[[Page 58686]]

designated facilities of the designated pollutant(s) in the state, the 
state may submit a letter of certification to that effect (i.e., 
negative declaration) in lieu of a plan. The negative declaration 
exempts the state from the requirements of subpart B that require the 
submittal of a CAA section 111(d)/129 plan.

B. Commercial and Industrial Solid Waste Incineration Rules

    On December 1, 2000, EPA promulgated the CISWI NSPS at 40 CFR part 
60, subpart CCCC, and the CISWI EG at 40 CFR part 60, subpart DDDD (65 
FR 75338). On March 21, 2011, after voluntarily remanding the 2000 
CISWI NSPS and EG, the EPA promulgated revised CISWI NSPS and EG in a 
final rule (76 FR 15704). Correspondingly, on the same date, EPA 
promulgated a final rule under the Resource Conservation and Recovery 
Act (RCRA) to identify which non-hazardous secondary materials, when 
used as fuels or ingredients in combustion units, are ``solid wastes'' 
(76 FR 15456).\2\ EPA subsequently promulgated amendments to both March 
21, 2011 rules on February 7, 2013, to clarify several provisions in 
order to implement the non-hazardous secondary materials rule as EPA 
originally intended (78 FR 9112). Reconsideration of certain aspects of 
the final CISWI rule resulted in minor amendments (81 FR 40956, June 
23, 2016).\3\ On April 16, 2019, EPA finalized further amendments to 
the CISWI NSPS and EG in order to provide clarity and address 
implementation issues (84 FR 15846).\4\
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    \2\ See 40 CFR part 241, Solid Wastes Used as Fuels or 
Ingredients in Combustion Units, also known as the ``Non-Hazardous 
Secondary Material Rule.'' The identification of solid waste in the 
Non-Hazardous Secondary Material Rule is used to determine whether a 
combustion unit is required to meet the emissions standards for 
solid waste incineration units issued under sections 111 and 129 of 
the Act, or meet the emissions standards for commercial, industrial, 
and institutional boilers issued under section 112 of the Act.
    \3\ In the June 23, 2016, final action, the EPA finalized 
amendments on these four topics: Definition of ``continuous emission 
monitoring system (CEMS) data during startup and shutdown periods;'' 
particulate matter (PM) limit for the waste-burning kiln 
subcategory; fuel variability factor (FVF) for coal-burning energy 
recovery units (ERUs); and the definition of ``kiln.''
    \4\ In the April 16, 2019, final action, the EPA made technical 
amendments to correct and clarify various parts of the June 23, 
2016, final rule; this includes issues with implementation of the 
standards, testing and monitoring issues and inconsistencies, and 
other regulatory provisions.
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    The CISWI NSPS and EG were significantly revised in the March 21, 
2011, and February 7, 2013, rulemakings, and the subsequent final 
rulemakings on June 23, 2016, and April 16, 2019, contained minor 
amendments to the CISWI rules that did not make any changes to the 
applicability of the designated facilitates, including 40 CFR 60.2505, 
``Am I affected by this subpart?''. As provided by 40 CFR 60.2505, the 
designated facilities to which the CISWI EG apply are CISWI and air 
curtain incinerators (ACI) \5\ that commenced construction on or before 
June 4, 2010, or for which modification or reconstruction was commenced 
on or before August 7, 2013, with limited exceptions as provided under 
40 CFR 60.2555.
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    \5\ These air curtain incinerators (ACI) that are subject to the 
CISWI EG at 40 CFR part 60, subpart DDDD, are those ACI that may not 
fit the definition of a ``CISWI'' under the CISWI EG. See 40 CFR 
60.2875.
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C. Oklahoma CAA Section 111(d)/129 CISWI Plan Approval History

    On June 29, 2005, the Oklahoma Department of Environmental Quality 
(ODEQ) submitted a CISWI state plan to address the 2000 CISWI EG 
requirements and fulfill obligations under CAA sections 111(d) and 129. 
Oklahoma's 2005 CISWI plan controlled emissions from sources subject to 
the 2000 CISWI EG, found at 40 CFR part 60, subpart DDDD, within the 
State of Oklahoma. Oklahoma's 2005 CISWI plan was approved by EPA on 
October 4, 2005 (70 FR 57764).

D. Oklahoma's CAA Section 111(d)/129 CISWI Plan Submittal for This 
Rulemaking

    In order to address the most recent CISWI EG requirements and 
fulfill obligations under CAA sections 111(d) and 129, ODEQ submitted a 
state plan revision for the control of emissions from sources subject 
to the CISWI EG for the State of Oklahoma on November 16, 2020. The 
Oklahoma 2020 CISWI plan implements and enforces the applicable 
provisions under the CISWI EG at 40 CFR part 60, subpart DDDD, most 
recently amended on April 16, 2019, and additionally meets the relevant 
requirements of the CAA section 111(d) implementing regulations at 40 
CFR part 60, subpart B. A copy of the Oklahoma submittal is included in 
the docket for this rulemaking.

E. 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 10211(a) of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act of 2005: A Legacy for Users, Public 
Law 109-59, 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 State's environmental regulatory programs that were 
previously approved by the EPA for areas outside of Indian country. The 
State's request excluded certain areas of Indian country further 
described below. In addition, the State only sought approval to the 
extent that such approval is necessary for the State to administer a 
program in light of Oklahoma Dept. of Environmental Quality v. EPA, 740 
F.3d 185 (D.C. Cir. 2014).\6\
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    \6\ In ODEQ v. EPA, the D.C. Circuit held that under the CAA, a 
state has the authority to implement a SIP in non-reservation areas 
of Indian country in the state, where there has been no 
demonstration of tribal jurisdiction. Under the D.C. Circuit's 
decision, the CAA does not provide authority to states to implement 
SIPs in Indian reservations. ODEQ did not, however, substantively 
address the separate authority in Indian country provided 
specifically to Oklahoma under SAFETEA. That separate authority was 
not invoked until the State submitted its request under SAFETEA, and 
was not approved until EPA's decision, described in this section, on 
October 1, 2020.
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    On October 1, 2020, the EPA approved Oklahoma's SAFETEA request to 
administer all the State's EPA-approved environmental regulatory 
programs, including Plans for Designated Facilities and Pollutants 
under sections 111(d) and 129, in the requested areas of Indian 
country. As requested by Oklahoma, the EPA's 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. 1151(c); 
(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 (collectively ``excluded Indian country lands'').
    EPA's approval under SAFETEA expressly provided that to the extent 
EPA's prior approvals of Oklahoma's environmental programs excluded 
Indian country, any such exclusions are superseded for the geographic 
areas of Indian country covered by the EPA's approval of Oklahoma's 
SAFETEA request.\7\ The approval also provided that future revisions or 
amendments to Oklahoma's approved environmental

[[Page 58687]]

regulatory programs would extend to the covered areas of Indian country 
(without any further need for additional requests under SAFETEA).\8\
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    \7\ EPA's prior approvals relating to Oklahoma's CAA section 
111(d)/129 plans did not apply in areas of Indian country located in 
the state. See, e.g., 70 FR 57764 (October 4, 2005). Such prior 
expressed limitations are superseded by the EPA's approval of 
Oklahoma's SAFETEA request.
    \8\ In accordance with Executive Order 13990, EPA is currently 
reviewing our October 1, 2020, SAFETEA approval. On December 22, 
2021, EPA proposed to withdraw and reconsider the October 1, 2020, 
SAFETEA approval. See https://www.epa.gov/ok/proposed-withdrawal-and-reconsideration-and-supporting-information. EPA expects to have 
further discussions with tribal governments and State of Oklahoma as 
part of this reconsideration. EPA also notes that the October 1, 
2020, approval is the subject of a pending challenge in federal 
court. Pawnee Nation of Oklahoma v. Regan, No. 20-9635 (10th Cir.). 
Pending completion of EPA's review, EPA is proceeding with this 
proposed action in accordance with the October 1, 2020, approval. 
EPA may make further changes to the approval of Oklahoma's plan to 
reflect the outcome of the proposed withdrawal and reconsideration 
of the October 1, 2020 SAFETEA approval. To the extent any change 
occurs in the scope of Oklahoma's CAA 111(d)/129 authority in Indian 
country before the finalization of this proposed rule, such a change 
may affect the scope of the EPA's final action on the proposed rule.
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    As explained earlier in this action, the EPA is proposing to 
approve the Oklahoma CAA section 111(d)/129 CISWI state plan that was 
submitted by the State of Oklahoma on November 16, 2020. More 
specifically, we are proposing to approve Oklahoma's CISWI plan 
addressing CAA section 111(d)/129 requirements for CISWI under the 
CISWI EG codified at 40 CFR part 60, subpart DDDD. Consistent with the 
EPA's October 1, 2020, SAFETEA approval, if this approval is finalized 
as proposed, this Oklahoma CISWI plan will apply to all Indian country 
within Oklahoma, other than the excluded Indian country lands, as 
described earlier. The Oklahoma CISWI plan applies statewide, but only 
affects specific types of facilities, as discussed earlier in this 
notice. ODEQ has only identified one existing facility, located within 
the Muscogee Nation reservation, that is affected by the Oklahoma CISWI 
plan we are proposing to approve. Any newly constructed incinerators 
subject to the CISWI EG would be subject to the CISWI NSPS, not the 
CISWI plan implementing the CISWI EG requirements.

II. The EPA's Evaluation

    The EPA has evaluated the Oklahoma CISWI plan to determine whether 
the plan meets applicable requirements from the CISWI EG at 40 CFR part 
60, subpart DDDD, and the CAA section 111(d) implementing regulations 
at 40 CFR part 60, subpart B.
    Section 60.2515 of the CISWI EG addresses what must be included in 
state plan submittals. These requirements include:
    (1) Inventory of affected CISWI, including those that have ceased 
operation but have not been dismantled.
    (2) Inventory of emissions from affected CISWI in the State.
    (3) Compliance schedules for each affected CISWI.
    (4) Emission limitations, operator training and qualification 
requirements, a waste management plan, and operating limits for 
affected CISWIs that are at least as protective as the emission 
guidelines contained in this subpart.
    (5) Performance testing, recordkeeping, and reporting requirements.
    (6) Certification that the hearing on the state plan was held, a 
list of witnesses and their organizational affiliations, if any, 
appearing at the hearing, and a brief written summary of each 
presentation or written submission.
    (7) Provision for State progress reports to EPA.
    (8) Identification of enforceable State mechanisms that the State 
selected for implementing the emission guidelines of this subpart.
    (9) Demonstration of the state's legal authority to carry out the 
sections 111(d) and 129 in the state plan.
    Section 60.2515 of the CISWI EG also requires the state plan to 
demonstrate that it is at least as protective as the CISWI EG if it 
deviates from the format and content of the EG in 40 CFR part 60, 
subpart DDDD. The state plan must also follow the requirements of 40 
CFR part 60, subpart B.
    The EPA's detailed rationale and discussion on the Oklahoma CISWI 
plan and how the plan meets these requirements can be found in the 
Technical Support Document (TSD), located in the docket for this 
rulemaking.

III. Proposed Action

    The EPA is proposing to approve the Oklahoma CISWI plan, submitted 
by ODEQ on November 16, 2020, and amend 40 CFR part 62 in accordance 
with the requirements under sections 111(d) and 129 of the CAA. The EPA 
is proposing to find that the Oklahoma CISWI plan is at least as 
protective as the Federal requirements provided under the CISWI EG, 
codified at 40 CFR part 60, subpart DDDD. Once approved by the EPA, the 
Oklahoma CISWI plan will become federally enforceable.

IV. Environmental Justice Considerations

    Information on Executive Order 12898 (Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations, 59 FR 7629, February 16, 1994) and how EPA defines 
environmental justice can be found in the section titled ``Statutory 
and Executive Order Reviews'' in this proposed rule. EPA is providing 
additional analysis of environmental justice associated with this 
action. The results of this analysis are being provided for 
informational and transparency purposes, not as a basis of our proposed 
action.
    EPA conducted screening analyses using EJSCREEN, an environmental 
justice mapping and screening tool that provides EPA with a nationally 
consistent dataset and approach for combining various environmental and 
demographic indicators.\9\ The EJSCREEN tool presents these indicators 
at a Census block group (CBG) level or a larger user-specified 
``buffer'' area that covers multiple CBGs.\10\ An individual CBG is a 
cluster of contiguous blocks within the same census tract and generally 
contains between 600 and 3,000 people. EJSCREEN is not a tool for 
performing in-depth risk analysis, but is instead a screening tool that 
provides an initial representation of indicators related to 
environmental justice and is subject to uncertainty in some underlying 
data (e.g., some environmental indicators are based on monitoring data 
which are not uniformly available; others are based on self-reported 
data).\11\ To help mitigate this uncertainty, we have summarized 
EJSCREEN data within larger ``buffer'' areas covering multiple block 
groups and representing the average resident within the buffer areas 
surrounding the sources. We present EJSCREEN environmental indicators 
to help screen for locations where residents may experience a higher 
overall pollution burden than would be expected for a block group with 
the same total population. These indicators of overall pollution burden 
include estimates of ambient particulate matter (PM2.5) and 
ozone concentration, a score for traffic proximity and volume, 
percentage of pre-1960 housing units (lead paint indicator), and scores 
for proximity to Superfund sites, risk management plan

[[Page 58688]]

(RMP) sites, and hazardous waste facilities.\12\ EJSCREEN also provides 
information on demographic indicators, including percent low-income, 
communities of color, linguistic isolation, and education.
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    \9\ The EJSCREEN tool is available at https://www.epa.gov/ejscreen.
    \10\ See https://www.census.gov/programs-surveys/geography/about/glossary.html.
    \11\ In addition, EJSCREEN relies on the five-year block group 
estimates from the U.S. Census American Community Survey. The 
advantage of using five-year over single-year estimates is increased 
statistical reliability of the data (i.e., lower sampling error), 
particularly for small geographic areas and population groups. For 
more information, see https://www.census.gov/content/dam/Census/library/publications/2020/acs/acs_general_handbook_2020.pdf.
    \12\ For additional information on environmental indicators and 
proximity scores in EJSCREEN, see ``EJSCREEN Environmental Justice 
Mapping and Screening Tool: EJSCREEN Technical Documentation,'' 
Chapter 3 (October 2022) at https://www.epa.gov/sites/default/files/2021-04/documents/ejscreen_technical_document.pdf.
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    The EPA prepared EJSCREEN reports covering a buffer area of 
approximately 3-mile radius around the incinerator identified by ODEQ 
as subject to the CAA section 111(d)/129 CISWI plan. Table 1 presents a 
summary of results from the EPA's screening-level analysis for the 
areas surrounding the affected incinerator in Oklahoma compared to the 
U.S. as a whole. The full, detailed EJSCREEN report is provided in the 
docket for this rulemaking.

   Table 1--EJSCREEN Analysis Summary for the Existing Incinerator in
                    Oklahoma Subject to the CISWI EG
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                                    Values for buffer areas (radius) for
                                     each affected incinerator and the
                                     U.S. (percentile within U.S. where
                                                 indicated)
            Variables             --------------------------------------
                                    Henryetta Pallet
                                         Company
                                      (Henryetta, 3           U.S.
                                         miles)
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                       Pollution Burden Indicators
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Particulate matter (PM2.5),        8.63 [micro]g/m\3\  8.08 [micro]g/
 annual average.                    (62nd %ile).        m\3\ (--).
Ozone, summer seasonal average of  61.2 ppb (50th      61.6 ppb (--).
 daily 8-hour max.                  %ile).
Traffic proximity and volume       43 (37th %ile)....  210 (--).
 score *.
Lead paint (percentage pre-1960    0.42% (68th %ile).  0.3% (--).
 housing).
Superfund proximity score *......  0.81 (97th %ile)..  0.13 (--).
RMP proximity score *............  0.051 (10th %ile).  0.43 (--).
Hazardous waste proximity score *  0.055 (10th %ile).  1.9 (--).
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                         Demographic Indicators
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People of color population.......  34% (53rd %ile)...  39% (--).
Low-income population............  48% (79th %ile)...  31% (--).
Linguistically isolated            0% (0h %ile)......  5% (--).
 population.
Population with less than high     18% (77th %ile)...  12% (--).
 school education.
Population under 5 years of age..  7% (66th %ile)....  6% (--).
Population over 64 years of age..  22% (74th %ile)...  17% (--).
------------------------------------------------------------------------
* The traffic proximity and volume indicator is a score calculated by
  daily traffic count divided by distance in meters to the road. The
  Superfund proximity, RMP proximity, and hazardous waste proximity
  indicators are all scores calculated by site or facility counts
  divided by distance in kilometers.

    A discussion on how Oklahoma's CISWI plan meets Federal 
requirements, including CISWI EG requirements, is provided under the 
section titled ``The EPA's Evaluation'' in this proposed rule. CISWI EG 
requirements result in emission reductions for nine specified 
pollutants: particulate matter (PM), sulfur dioxide (SO2), 
hydrogen chloride (HCl), nitrogen oxides (NOX), carbon 
monoxide (CO), lead (Pb), cadmium (Cd), mercury (Hg), and dioxins/
furans, and they additionally provide for opacity limits. Information 
on emissions controlled by the CISWI EG, its relationship to negative 
health impacts, and the estimated benefits from the CISWI EG, can be 
found at the Federal Register document titled ``Commercial and 
Industrial Solid Waste Incineration Units: Reconsideration and Final 
Amendments; Non-Hazardous Secondary Materials That Are Solid Waste'' 
(78 FR 9112, February 7, 2013) and its associated Regulatory Impact 
Analysis.\13\ We expect that this action will generally have positive 
environmental and health impacts on all populations, including people 
of color and low-income populations, in Oklahoma that are located near 
an existing incinerator subject to the CISWI EG. At a minimum, this 
action would not worsen any existing air quality and is expected to 
ensure the area is meeting requirements to attain air quality 
standards. Further, there is no information in the record indicating 
that this action is expected to have disproportionately high or adverse 
human health or environmental effects on a particular group of people.
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    \13\ See https://www.regulations.gov/document/EPA-HQ-OAR-2003-0119-2493. See also https://www.epa.gov/air-quality-management-process/managing-air-quality-human-health-environmental-and-economic#what.
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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 
section titled ``Proposed Action'' in this proposed rule. The Oklahoma 
regulations at OAC 252:100-17, Part 9, Commercial and Industrial Solid 
Waste Incinerators, contains Oklahoma's CAA section 111(d)/129 plan 
provisions for sources subject to the Commercial and Industrial Solid 
Waste Incineration Units Emission Guidelines at 40 CFR part 60, subpart 
DDDD. We have made, and will continue to make, these documents 
generally available electronically through www.regulations.gov (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a CAA 
section 111(d)/129 submission that complies with the provisions of the 
Act and applicable Federal regulations. 42 U.S.C. 7411(d); 42 U.S.C. 
7429; 40 CFR part 60, subparts B and Cf; and 40 CFR part 62, subpart A. 
Thus, in reviewing CAA section 111(d)/129 state plan submissions, EPA's 
role is to approve state choices, provided that they meet the criteria 
of the Act and implementing

[[Page 58689]]

regulations. 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:

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 14094: Modernizing Regulatory Review

    This action is not a significant regulatory action as defined in 
Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by 
Executive Order 14094 (88 FR 21879, April 11, 2023), and was therefore 
not subject to a requirement for Executive Order 12866 review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA (44 U.S.C. 3501 et seq.) because it does not contain any 
information collection activities.

C. Regulatory Flexibility Act (RFA)

    This action is certified to not have a significant economic impact 
on a substantial number of small entities under the RFA (5 U.S.C. 601 
et seq.). This action will approve a state plan pursuant to CAA section 
111(d)/129 and will therefore have no net regulatory burden for all 
directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action imposes no enforceable duty on any 
State, local, or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This proposal to approve the Oklahoma CISWI plan will apply, if 
finalized as proposed, to certain areas of Indian country throughout 
Oklahoma as discussed in the preamble, and therefore has tribal 
implications as specified in E.O. 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.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern environmental 
health or safety risks that EPA has reason to believe may 
disproportionately affect children, per the definitions of ``covered 
regulatory action'' in section 2-202 of the Executive Order. Therefore, 
this action is not subject to Executive Order 13045 because it approves 
a state program.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution and Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards. This action 
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 Clean Air Act.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The air agency did not evaluate environmental justice 
considerations as part of its submittal; the CAA and applicable 
implementing regulations neither prohibit nor require such an 
evaluation. The EPA performed an environmental justice analysis, as 
described in the section titled ``Environmental Justice 
Considerations'' in this proposed rule. The analysis was done for the 
purpose of providing additional context and information about this 
rulemaking to the public, not as a basis of the action. Due to the 
nature of the action being taken here, this action is expected to have 
a neutral impact on the air quality of the affected area. In addition, 
there is no information in the record upon which this action is based 
inconsistent with the stated goal of E.O. 12898 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements, Waste treatment 
and disposal.

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

    Dated: July 9, 2024.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2024-15448 Filed 7-18-24; 8:45 am]
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