[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Proposed Rules]
[Pages 64377-64383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22560]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2012-0812; FRL-9951-36-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Oklahoma; Infrastructure for the Lead, Ozone, Nitrogen Dioxide and
Sulfur Dioxide National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Under the Federal Clean Air Act (CAA or Act), the
Environmental Protection Agency (EPA) is proposing to approve State
Implementation Plan (SIP) submissions from the State of Oklahoma
regarding the 2008 Lead (Pb), 2008 Ozone, 2010 Nitrogen Dioxide
(NO2), and 2010 Sulfur Dioxide (SO2) National
Ambient Air Quality Standards (NAAQS or standards). The four submittals
address how the existing SIP provides for implementation, maintenance,
and enforcement of these four NAAQS (infrastructure SIP or i-SIP).
These i-SIPs ensure that the Oklahoma SIP is adequate to meet the
State's responsibilities under the Act, including the CAA requirements
for interstate transport of Pb and NO2 emissions.
DATES: Written comments must be received on or before October 20, 2016.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2012-0812, at http://
[[Page 64378]]
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. 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. 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 Carrie
Paige, (214) 665-6521, [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 docket index and publicly available docket materials
for this action are available electronically at www.regulations.gov and
in hard copy at 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: Carrie Paige, 214-665-6521,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with her or Bill Deese at 214-665-7253.
SUPPLEMENTARY INFORMATION: In this document ``we,'' ``us,'' and ``our''
means the EPA.
I. Background
Pursuant to section 110(a)(1) of the CAA, states are required to
submit SIPs that provide for the implementation, maintenance and
enforcement of a new or revised NAAQS within 3 years following the
promulgation of such new or revised NAAQS. Section 110(a)(2) lists
specific requirements that SIPs must include to adequately address such
new or revised NAAQS, as applicable.\1\
---------------------------------------------------------------------------
\1\ See EPA guidance documents: http://www3.epa.gov/airquality/lead/pdfs/20111014infrastructure.pdf and http://epa.gov/air/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
---------------------------------------------------------------------------
On March 27, 2008, following a periodic review of the NAAQS for
ozone, EPA revised the primary and secondary 8-hour NAAQS for ozone:
the level of the primary and secondary standards was revised to 0.075
parts per million (ppm), expressed to three decimal places, based on a
3-year average of the fourth-highest maximum 8-hour average
concentration (see 73 FR 16436).\2\ Likewise, on November 12, 2008, we
revised the primary and secondary NAAQS for Pb to 0.15 micrograms per
cubic meter (see 73 FR 66964). Similarly, on February 9, 2010, EPA
revised the primary NAAQS for NO2 to establish a new 1-hour
standard at a level of 100 parts per billion (ppb), based on the 3-year
average of the 98th percentile of the yearly distribution of 1-hour
daily maximum concentrations, to supplement the existing annual
standard (see 75 FR 6474).\3\ Also, on June 22, 2010, we revised the
primary NAAQS for SO2 to establish a new 1-hour standard at
a level of 75 ppb, based on the 3-year average of the annual 99th
percentile of 1-hour daily maximum concentrations (see 75 FR 35520.) We
refer to each of these NAAQS by the year promulgated, e.g., ``the 2008
ozone standard.'' For more information on these standards, please visit
https://www.epa.gov/criteria-air-pollutants.
---------------------------------------------------------------------------
\2\ On October 1, 2015, EPA strengthened the primary and
secondary ozone standards to 70 parts per billion (80 FR 65292,
October 26, 2015). The submittals under evaluation in this proposal
do not address such standards. For more information on the 2015
ozone standards, please visit our Web site: https://www.epa.gov/ozone-pollution/2015-national-ambient-air-quality-standards-naaqs-ozone.
\3\ EPA also established requirements for the NO2
monitoring network that includes monitors at locations where maximum
NO2 concentrations are expected to occur, including
within 50 meters of major roadways, as well as monitors sited to
measure the area-wide NO2 concentrations that occur more
broadly across communities.
---------------------------------------------------------------------------
Our technical evaluation of the Oklahoma submittals is provided in
the Technical Support Document (TSD), which is in the docket for this
rulemaking.\4\ With the exception of three sub-elements (or ``prongs'')
that pertain to interstate transport and visibility protection, EPA is
proposing to approve the Oklahoma i-SIP submittals for the 2008 Pb and
ozone NAAQS, as well as the 2010 NO2 and SO2
NAAQS as meeting the requirements of an i-SIP. The exceptions are:
Section 110(a)(2)(D)(i)(I), prongs 1 and 2, which address the
contribution to nonattainment and interfere with maintenance of the
2008 ozone and 2010 SO2 NAAQS in other states; and section
110(a)(2)(D)(i)(II)--the prong that specifically addresses visibility
protection for the 2010 SO2 NAAQS. We will take separate
action on these three prongs for the 2008 ozone and 2010 SO2
NAAQS submittals.
---------------------------------------------------------------------------
\4\ Additional information on: EPA's approach for reviewing i-
SIPs; the details of the SIP submittal and EPA's evaluation; the
effect of recent court decisions on i-SIPs; the statute and
regulatory citations in the Oklahoma SIP specific to this review;
the specific applicable CAA and EPA regulatory citations; Federal
Register citations for Oklahoma SIP approvals; Oklahoma minor New
Source Review program and EPA approval activities; and Oklahoma
Prevention of Significant Deterioration (PSD) program can be found
in the TSD.
---------------------------------------------------------------------------
II. EPA's Evaluation of the Oklahoma i-SIP and Interstate Transport
Submittals
The State's submittals on October 5, 2012; February 28, 2014; and
January 28, 2015 demonstrate how the existing Oklahoma SIP meets the
infrastructure requirements for the 2008 Pb and ozone NAAQS and the
2010 NO2 and SO2 NAAQS. A summary of our
evaluation of the Oklahoma SIP for each applicable element of CAA
section 110(a)(2)(A)-(M) follows. These SIP submissions became complete
by operation of law on April 5, 2013, August 28, 2014, and July 18,
2015, respectively, pursuant to CAA section 110(k)(1)(B).
(A) Emission limits and other control measures: CAA section
110(a)(2)(A) requires SIPs to include enforceable emission limits and
other control measures, means or techniques, as well as schedules and
timetables for compliance, as may be necessary or appropriate to meet
the applicable requirements of the Act, and other related matters as
needed to implement, maintain and enforce each of the NAAQS.\5\ The
Oklahoma Clean Air Act (OCAA) provides the Oklahoma Department of
Environmental Quality (ODEQ) with broad legal authority, to establish
and implement air quality programs and enforce regulations it has
promulgated. The ODEQ has authority to adopt emission standards and
compliance schedules applicable to regulated entities; other measures
necessary for attainment and maintenance of the NAAQS; enforce
applicable laws, regulations, standards
[[Page 64379]]
and compliance schedules; and seek injunctive relief. The approved SIP
for Oklahoma is documented at 40 CFR part 52.1920, Subpart LL. Most of
the State's air quality rules and standards are codified at Title 252,
Chapter 100 of the Oklahoma Administrative Code (denoted OAC 252:100).
A detailed list of the applicable rules at OAC 252:100 and elsewhere in
the OAC, along with the citations for approval into the SIP, is
provided in Table 1 of the TSD.
---------------------------------------------------------------------------
\5\ The specific nonattainment area plan requirements of section
110(a)(2)(I) are subject to the timing requirements of section 172,
not the timing requirement of section 110(a)(1). Thus, section
110(a)(2)(A) does not require that states submit regulations or
emissions limits specifically for attaining the NAAQS. Those SIP
provisions are due as part of each state's attainment plan, and will
be addressed separately from the requirements of section
110(a)(2)(A). In the context of an i-SIP, we are not evaluating the
existing SIP provisions for this purpose. Instead, EPA is only
evaluating whether the Oklahoma SIP has basic structural provisions
for the implementation of the NAAQS.
---------------------------------------------------------------------------
(B) Ambient air quality monitoring/data system: CAA section
110(a)(2)(B) requires SIPs to provide for establishment and
implementation of ambient air quality monitors, collection and analysis
of monitoring data, and providing such data to EPA upon request. The
OCAA provides the authority allowing the ODEQ to collect air monitoring
data, quality-assure the results, and report the data. The ODEQ
maintains and operates a monitoring network to measure ambient levels
of the pollutants in accordance with EPA regulations which specify
siting and monitoring requirements. All monitoring data is measured
using EPA approved methods and subject to EPA quality assurance
requirements. The ODEQ submits all required data to EPA, following EPA
regulations. The monitoring network was approved into the SIP and
undergoes annual review by EPA.\6\ In addition, 40 CFR 58.10(d)
requires that state assess their monitoring network every five years.
The ODEQ submitted their 5-year monitoring network assessments to us on
April 11, 2016. Our comments on the 5-year assessment, dated July 22,
2016, are in the docket for this rulemaking.\7\ The ODEQ Web site
identifies Oklahoma's ambient monitor locations, and provides past and
current concentrations of criteria pollutants measured by the State's
monitors.\8\
---------------------------------------------------------------------------
\6\ A copy of the 2016 Annual Air Monitoring Network Plan and
EPA's approval letter are included in the docket for this proposed
rulemaking.
\7\ A copy of the ODEQ's 5-year monitoring network assessment
and EPA's evaluation are included in the docket for this proposed
rulemaking.
\8\ see http://www.ODEQ.Oklahoma.gov/airquality/monops/sites/mon_sites.html and http://www17.ODEQ.Oklahoma.gov/tamis/index.cfm?fuseaction=home.welcome.
---------------------------------------------------------------------------
(C) Program for enforcement: CAA section 110(a)(2)(C) requires SIPs
to include the following three elements: (1) A program providing for
enforcement of the measures in paragraph A above; (2) a program for the
regulation of the modification and construction of stationary sources
as necessary to protect the applicable NAAQS (i.e., state-wide
permitting of minor sources); and (3) a permit program to meet the
major source permitting requirements of the CAA (for areas designated
as attainment or unclassifiable for the NAAQS in question).\9\
---------------------------------------------------------------------------
\9\ See TSD, beginning on page 6.
---------------------------------------------------------------------------
(1) Enforcement of SIP Measures. As noted earlier in section
110(a)(2)(A), the ODEQ and its Executive Director have the authority to
enforce the requirements of the OCAA and any regulations, permits, or
final compliance orders. This statute also provides the ODEQ and its
Executive Director with general enforcement powers. Among other things,
they can investigate regulated entities; issue field citations and
compliance orders; file lawsuits to compel compliance with the statutes
and regulations; commence civil actions; pursue criminal prosecutions;
collect criminal and civil penalties; enter into remediation
agreements; and issue emergency orders to cease operations. The OCAA
also provides additional enforcement authorities and funding
mechanisms.
(2) Minor New Source Review (NSR). The CAA requires the SIP to
include measures to regulate construction and modification of
stationary sources to protect the NAAQS. The Oklahoma minor NSR
permitting requirements have been approved in the SIP.\10\
---------------------------------------------------------------------------
\10\ EPA is not proposing to approve or disapprove the existing
Oklahoma minor NSR program to the extent that it may be inconsistent
with EPA's regulations governing this program. EPA has maintained
that the CAA does not require that new infrastructure SIP
submissions correct any defects in existing EPA-approved provisions
of minor NSR programs in order for EPA to approve the infrastructure
SIP for element C (e.g., 76 FR 41076-41079). EPA believes that a
number of states may have minor NSR provisions that are contrary to
the existing EPA regulations for this program. The statutory
requirements of section 110(a)(2)(C) provide for considerable
flexibility in designing minor NSR programs. Citations for the
Oklahoma NSR program are provided in our TSD for this action.
---------------------------------------------------------------------------
(3) Prevention of Significant Deterioration (PSD) permit program.
Oklahoma's PSD program covers all NSR regulated pollutants, as well as
the NAAQS subject to our review contained herein, and has been approved
by EPA into the SIP.\11\
---------------------------------------------------------------------------
\11\ See 79 FR 66626, November 10, 2014 and the TSD for further
discussion.
---------------------------------------------------------------------------
(D)(i) Interstate Pollution Transport: There are four requirements
the SIP must include relating to interstate transport. The SIP must
prohibit emissions within Oklahoma from contributing significantly to
the nonattainment of the NAAQS in other states, and from interfering
with the maintenance of the NAAQS in other states (section
110(a)(2)(D)(i)(I)). The SIP must also prohibit emissions within
Oklahoma both from interfering with measures required to prevent
significant deterioration in other states and from interfering with
measures required to protect visibility in other states (section
110(a)(2)(D)(i)(II)).
Lead: We propose to approve the portion of the submittal that
addresses the requirement that emissions within Oklahoma are prohibited
from contributing to nonattainment of the Pb NAAQS in other states, and
from interfering with maintenance of the Pb NAAQS in other states. The
physical properties of Pb, which is a basic metal element and very
dense, prevent Pb emissions from experiencing a significant degree of
travel in the ambient air. No complex chemistry is needed to form Pb or
Pb compounds in the ambient air, thus, ambient concentrations of Pb are
typically highest near Pb sources. There are no areas within the State
of Oklahoma designated as nonattainment with respect to the 2008 lead
NAAQS. The ODEQ 2016 ambient monitoring plan provided information on
lead sources: there are two significant sources of Pb emissions within
the state that emit Pb in amounts equal to or exceeding 0.5 tons per
year and no sources within two miles of a neighboring state line.\12\
---------------------------------------------------------------------------
\12\ Both sources are located in the Tulsa area; see the FY2016
Oklahoma annual network monitoring plan in the docket for this
rulemaking.
---------------------------------------------------------------------------
We are also proposing to approve the portion pertaining to the
prevention of significant deterioration in other states for lead, as
Oklahoma has an approved PSD program. The program regulates all NSR
pollutants, (including greenhouse gas or GHG), which prevents
significant deterioration in nearby States. In addition, as described
earlier in this section, significant impacts from Pb emissions from
stationary sources are limited to short distances from such sources, so
visibility is not effected by lead emissions. Thus, we propose to
approve the portion of the Oklahoma SIP related to the protection of
visibility in other states for the Pb NAAQS.
Nitrogen Dioxide: We propose to approve the portion of the
submittal which addresses the prevention of emissions which
significantly contribute to the nonattainment of the NO2
NAAQS in other states and interfere with the maintenance of the
NO2 NAAQS in other states. On February 17, 2012, EPA
designated the entire country as ``unclassifiable/attainment'' for the
2010 NO2 NAAQS.\13\ As listed in our NO2 Design
Values report, only one maintenance area exists for the prior annual
NO2 NAAQS (Los
[[Page 64380]]
Angeles, California).\14\ With no nonattainment or maintenance areas in
surrounding states, Oklahoma does not significantly contribute to
nonattainment or maintenance of these NAAQS in any of the contiguous
states. Furthermore, during the three most recent design value periods
(2011 through 2013, 2012 through 2014, and 2013 through 2015) we found
no monitors violating the 2010 NO2 NAAQS in the US.
---------------------------------------------------------------------------
\13\ 77 FR 9532, February 17, 2012.
\14\ See https://www.epa.gov/air-trends/air-quality-design-values#Design Value Reports and the docket for this rulemaking.
---------------------------------------------------------------------------
We are also proposing to approve the portion of the submittal
related to the prevention of significant deterioration in other states,
as Oklahoma has an approved PSD program. The program regulates all NSR
pollutants, including GHG, which prevents significant deterioration in
nearby states. In addition, on December 28, 2011 we finalized a FIP
that in combination with the controls required by the portion of the
Oklahoma Regional Haze (RH) submittal approved in the same rulemaking,
would serve to prevent sources in Oklahoma from emitting pollutants in
amounts that would interfere with efforts to protect visibility in
other states (see 76 FR 81728). On March 7, 2014, we withdrew the FIP
and finalized our approval of the revised Oklahoma RH plan and
interstate transport affecting visibility. Thus, the Oklahoma SIP
includes provisions that satisfy the CAA interstate pollution abatement
requirements of section 110(a)(2)(D)(i)(II) for the 2010 NO2
NAAQS.
Ozone: At this time we are not taking action on the infrastructure
submittal regarding the prevention of emissions which significantly
contribute to nonattainment of the ozone NAAQS in other states, and
interference with the maintenance of the ozone NAAQS in other states.
We plan to act on this sub-element in a separate action.
We are proposing to approve the portion of the submittal addressing
the prevention of significant deterioration in other states, as
Oklahoma has an approved PSD program. The program regulates all NSR
pollutants (including GHG), which prevents significant deterioration in
nearby states. In addition and as discussed earlier in this rulemaking,
on March 7, 2014, we finalized our determination that Oklahoma's
Regional Haze Implementation Plan Revision meets the CAA provisions
concerning non-interference with programs to protect visibility in
other states, consistent with section 110(a)(2)(D)(i)(II) of the CAA
(see 79 FR 12944). Thus, the Oklahoma SIP includes provisions that
satisfy the CAA interstate pollution abatement requirements of section
110(a)(2)(D)(i)(II) for the 2008 ozone NAAQS.
Sulfur Dioxide: At this time we are not taking action on the
infrastructure submittal regarding the prevention of emissions which
significantly contribute to nonattainment of the SO2 NAAQS
in other states, and interference with the maintenance of the
SO2 NAAQS in other states (prongs 1 and 2). We are also not
taking action on the portion of the submittal addressing visibility
protection (prong 4). We plan to act on these three sub-elements in a
separate action.
We are proposing to approve only the sub-element addressing the
prevention of significant deterioration in other states, as Oklahoma
has an approved PSD program. The program regulates all NSR pollutants
(including GHG), which prevents significant deterioration in nearby
states.
(D)(ii)Interstate Pollution Abatement and International Air
Pollution: Pursuant to section 110(a)(2)(D)(ii)), states must comply
with the requirements listed in sections 115 and 126 of the CAA which
were designed to aid in the abatement of interstate and international
pollution. Section 126(a) requires new or modified sources to notify
neighboring states of potential impacts from the source. Oklahoma's PSD
program contains the element pertaining to notification of neighboring
states of the issuance of PSD permits. Section 115 relates to
international pollution abatement. There are no findings by EPA that
air emissions originating in Oklahoma affect other countries. Thus, the
Oklahoma SIP satisfies the requirements of section 110(a)(2)(D)(ii) for
the four NAAQS discussed herein.
(E) Adequate authority, resources, implementation, and oversight:
The SIP must provide for the following: (1) Necessary assurances that
the state (and other entities within the state responsible for
implementing the SIP) will have adequate personnel, funding, and
authority under state or local law to implement the SIP, and that there
are no legal impediments to such implementation; (2) compliance with
requirements relating to state boards as explained in section 128 of
the CAA; and (3) necessary assurances that the state has responsibility
for ensuring adequate implementation of any plan provision for which it
relies on local governments or other entities to carry out that portion
of the plan.
Sections 110(a)(2)(A) and (C), discussed earlier in this
rulemaking, also require that the state have adequate authority to
implement and enforce the SIP without legal impediments. The State's
submittals describe the Oklahoma statutes and SIP regulations governing
the various functions of personnel within the ODEQ, including the
administrative, technical support, planning, enforcement, and
permitting functions of the program. See the TSD for further detail.
With respect to funding, the OCAA and the SIP provide the ODEQ with
authority to hire and compensate employees; accept and administer
grants or other funds; require the ODEQ to establish an emissions fee
schedule for sources in order to fund the reasonable costs of
administering various air pollution control programs; and authorizes
the ODEQ to collect additional fees necessary to cover reasonable costs
associated with processing air permit applications. The EPA conducts
periodic program reviews to ensure that the state has adequate
resources and funding to, among other things, implement and enforce the
SIP.
As required by the CAA, the Oklahoma statutes and the SIP stipulate
that any board or body that approves permits or enforcement orders must
have at least a majority of members who represent the public interest
and do not derive any ``significant portion'' of their income from
persons subject to permits and enforcement orders; and the members of
the board or body, or the head of an agency with similar powers, are
required to adequately disclose any potential conflicts of interest.
Oklahoma has not delegated authority to implement any of the
provisions of its plan to local governmental entities--the ODEQ acts as
the primary air pollution control agency.
(F) Stationary source monitoring system: The SIP must provide for
the establishment of a system to monitor emissions from stationary
sources and to submit periodic emission reports. It must require the
installation, maintenance, and replacement of equipment, and the
implementation of other necessary steps, by owners or operators of
stationary sources, to monitor emissions from sources. The SIP shall
also require periodic reports on the nature and amounts of emissions
and emissions-related data from sources, and require that the state
correlate the source reports with emission limitations or standards
established under the CAA. These reports must be made available for
public inspection at reasonable times.
[[Page 64381]]
The OCAA and SIP require stationary sources to monitor or test
emissions and to file reports containing information relating to the
nature and amount of emissions. There also are SIP-approved State
regulations pertaining to sampling and testing and requirements for
reporting of emissions inventories. In addition, SIP-approved rules
establish general requirements for maintaining records and reporting
emissions.\15\ The ODEQ uses this information, in addition to
information obtained from other sources, to track progress towards
maintaining the NAAQS, developing control and maintenance strategies,
identifying sources and general emission levels, and determining
compliance with SIP-approved regulations and additional EPA
requirements. The SIP requires this information be made available to
the public. Provisions concerning the handling of confidential data and
proprietary business information are included in the SIP-approved
regulations. These rules specifically exclude from confidential
treatment any records concerning the nature and amount of emissions
reported by sources.
---------------------------------------------------------------------------
\15\ A list of such rules and SIP approval dates are provided in
Table 4 of the TSD.
---------------------------------------------------------------------------
(G) Emergency authority: The SIP must provide the ODEQ with
authority to restrain any source from causing imminent and substantial
endangerment to public health or welfare or the environment. The SIP
must include an adequate contingency plan to implement the ODEQ's
emergency authority.
The OCAA provides the ODEQ with authority to address environmental
emergencies. The ODEQ has an ``Emergency Episode Plan,'' which includes
contingency measures and these provisions are in the SIP (see 56 FR
5656, February 12, 1991). The ODEQ has general emergency powers to
address any possible dangerous air pollution episode if necessary to
protect the environment and public health.
(H) Future SIP revisions: States must have the authority to revise
their SIPs in response to changes in the NAAQS, availability of
improved methods for attaining the NAAQS, or in response to an EPA
finding that the SIP is substantially inadequate to attain the NAAQS.
The OCAA authorizes the ODEQ to revise the Oklahoma SIP as necessary,
to account for revisions to an existing NAAQS, establishment of a new
NAAQS, to attain and maintain a NAAQS, to abate air pollution, to adopt
more effective methods of attaining a NAAQS, and to respond to EPA SIP
calls concerning NAAQS adoption or implementation.
(I) Nonattainment areas: Section 110(a)(2)(I) of the Act requires
that in the case of a plan or plan revision for areas designated as
nonattainment, states must meet applicable requirements of part D of
the CAA, relating to SIP requirements for designated nonattainment
areas. There are no areas designated as nonattainment in Oklahoma. In
addition, as noted earlier, EPA believes that nonattainment area
requirements should be treated separately from the infrastructure SIP
requirements. The specific SIP submissions for designated nonattainment
areas, as required under CAA title I, part D, are subject to different
submission schedules than those for section 110 infrastructure
elements. Instead, EPA will take action on any part D attainment plan
SIP submissions through a separate rulemaking process governed by the
requirements for nonattainment areas, as described in part D.
(J) Consultation with government officials, public notification,
PSD and visibility protection: The SIP must meet the following three
CAA requirements: (1) Section 121, relating to interagency
consultation; (2) section 127 relating to public notification of NAAQS
exceedances and related issues; and, (3) prevention of significant
deterioration of air quality and visibility protection.
(1) Interagency consultation: As required by the OCAA and the
Oklahoma SIP, there must be a public hearing before the adoption of any
regulations or emission control requirements, and all interested
persons must be given a reasonable opportunity to review the action
that is being proposed and to submit data or arguments, and to examine
the testimony of witnesses from the hearing. In addition, the OCAA
provides the ODEQ the power and duty to advise, consult and cooperate
with other agencies of the State, towns, cities, counties, industries,
other states, and the federal government regarding the prevention and
control of new and existing air contamination sources in the State.
Furthermore, the Oklahoma PSD SIP rules mandate that the ODEQ shall
provide for public participation and notification regarding permitting
applications to any other state or local air pollution control
agencies, local government officials of the city or county where the
source will be located, tribal authorities, and Federal Land Managers
(FLMs) whose lands may be affected by emissions from the source or
modification. Additionally, the State's PSD SIP rules require the ODEQ
to consult with FLMs regarding permit applications for sources with the
potential to impact Class I Federal Areas. The SIP also includes a
commitment to consult continually with the FLMs on the review and
implementation of the visibility program, and the State recognizes the
expertise of the FLMs in monitoring and new source review applicability
analyses for visibility and has agreed to notify the FLMs of any
advance notification or early consultation with a major new or
modifying source prior to the submission of a permit application.
(2) Public Notification: The ODEQ regularly notifies the public of
instances or areas in which any NAAQS are exceeded. Included in the SIP
are the rules for ODEQ to advise the public of the health hazard
associated with such exceedances, enhance public awareness of measures
that can prevent such exceedances, and inform the public on how it can
participate in regulatory and other efforts to improve air quality. In
addition, as described in the discussion of section 110(a)(2)(B)
earlier in this rulemaking, the ODEQ air monitoring Web site provides
quality data for each of the monitoring stations in Oklahoma; this data
is provided instantaneously for certain pollutants, such as ozone. The
Web site also provides information on the health effects of all six
criteria pollutants.
(3) PSD and Visibility Protection: The PSD requirements for this
element are the same as those addressed under 110(a)(2)(C) earlier in
this rulemaking--the State has a SIP-approved PSD program, so this
requirement has been met. The Oklahoma SIP requirements relating to
visibility and regional haze are not affected when EPA establishes or
revises a NAAQS. Therefore, EPA believes that there are no new
visibility protection requirements due to the revision of the Pb and
ozone NAAQS in 2008, and the NO2 and SO2 NAAQS in
2010, and consequently there are no newly applicable visibility
protection obligations here.
(K) Air quality and modeling/data: The SIP must provide for
performing air quality modeling, as prescribed by EPA, to predict the
effects on ambient air quality of any emissions of any NAAQS pollutant,
and for submission of such data to EPA upon request.
The ODEQ has the authority and duty under the OCAA to conduct air
quality research and assessments, including the causes, effects,
prevention, control and abatement of air pollution. Past modeling and
emissions reductions measures have been submitted by the State and
approved into the SIP. Additionally, the ODEQ has the ability
[[Page 64382]]
to perform modeling for the NAAQS on a case-by-case permit basis
consistent with their SIP-approved PSD rules and EPA guidance.
Furthermore, the OCAA empowers the ODEQ to cooperate with the federal
government and others concerning matters of common interest in the
field of air quality control, thereby allowing the agency to make such
submissions to the EPA.
(L) Permitting Fees: The SIP must require each major stationary
source to pay permitting fees to the permitting authority as a
condition of any permit required under the CAA. The fees cover the cost
of reviewing and acting upon any application for such a permit, and, if
the permit is issued, the costs of implementing and enforcing the terms
of the permit. The fee requirement applies until such a time when a fee
program is established by the state pursuant to Title V of the CAA, and
is submitted to and is approved by EPA. The State has met this
requirement as it has a fully developed fee system in place and
approved in the SIP. See also the discussion of section 110(a)(2)(E)
earlier in this rulemaking action.
(M) Consultation/participation by affected local entities: The SIP
must provide for consultation and participation by local political
subdivisions affected by the SIP.
See the discussion of section 110(a)(2)(J)(1) and (2) earlier in
this rulemaking for a description of the SIP's public participation
process, the authority to advise and consult, and the PSD SIP public
participation requirements. Additionally, the OCAA requires cooperative
action between itself and other agencies of the State, towns, cities,
counties, industry, other states, affected groups, and the federal
government in the prevention and control of air pollution.
III. Proposed Action
EPA is proposing to approve in part the October 5, 2012,
February 28, 2014 and January 28, 2015, infrastructure SIP submissions
from Oklahoma, which address the requirements of CAA sections 110(a)(1)
and (2) as applicable to the 2008 Pb, 2008 ozone, 2010 NO2,
and 2010 SO2 NAAQS. Table 1 outlines the specific actions we
are proposing to take.
Table 1--Proposed Action on Oklahoma Infrastructure SIP Submittals for
Various NAAQS
------------------------------------------------------------------------
2008
110(a)(2) Element ozone 2008 Pb 2010 NO2 2010 SO2
------------------------------------------------------------------------
(A): Emission limits and PR PR PR PR
other control measures.
(B): Ambient air quality PR PR PR PR
monitoring and data system.
(C)(i): Enforcement of SIP PR PR PR PR
measures.
(C)(ii): PSD program for PR PR PR PR
major sources and major
modifications.
(C)(iii): Permitting program PR PR PR PR
for minor sources and minor
modifications.
(D)(i)(I): Contribute to SA PR PR SA
nonattainment/interfere with
maintenance of NAAQS
(requirements 1 and 2).
(D)(i)(II): PSD (requirement PR PR PR PR
3).
(D)(i)(II): Visibility PR PR PR SA
Protection (requirement 4).
(D)(ii): Interstate and PR PR PR PR
International Pollution
Abatement.
(E)(i): Adequate resources... PR PR PR PR
(E)(ii): State boards........ PR PR PR PR
(E)(iii): Necessary PR PR PR PR
assurances with respect to
local agencies.
(F): Stationary source PR PR PR PR
monitoring system.
(G): Emergency power......... PR PR PR PR
(H): Future SIP revisions.... PR PR PR PR
(I): Nonattainment area plan NG NG NG NG
or plan revisions under part
D.
(J)(i): Consultation with PR PR PR PR
government officials.
(J)(ii): Public notification. PR PR PR PR
(J)(iii): PSD................ PR PR PR PR
(J)(iv): Visibility PR PR PR PR
protection.
(K): Air quality modeling and PR PR PR PR
data.
(L): Permitting fees......... PR PR PR PR
(M): Consultation and PR PR PR PR
participation by affected
local entities.
------------------------------------------------------------------------
Key to Table 1:
NG--Element is not germane to infrastructure SIPs.
PR--Proposing to approve in this action.
SA--Acting on this infrastructure requirement in a separate rulemaking.
Based upon review of these infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in these submissions or referenced in the Oklahoma SIP, we believe
Oklahoma has the infrastructure in place to address all applicable
required elements of sections 110(a)(1) and (2) (except as noted in
Table 1) to ensure that the 2008 Pb, 2008 Ozone, 2010 NO2,
and 2010 SO2 NAAQS are implemented in the State.
IV. 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, 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 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
[[Page 64383]]
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 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where 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, Incorporation by
reference, Intergovernmental relations, Interstate transport of
pollution, Lead, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 13, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-22560 Filed 9-19-16; 8:45 am]
BILLING CODE 6560-50-P