[Federal Register Volume 85, Number 1 (Thursday, January 2, 2020)]
[Proposed Rules]
[Pages 54-59]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28329]
[[Page 54]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2018-0786; FRL-10002-90-Region 6]
Air Plan Approval; Oklahoma; Infrastructure for the 2015 Ozone
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Under the Federal Clean Air Act (CAA or Act), the
Environmental Protection Agency (EPA) is proposing to approve elements
of a State Implementation Plan (SIP) submission from the State of
Oklahoma for the 2015 Ozone (O3) National Ambient Air
Quality Standard (NAAQS). This submittal addresses how the existing SIP
provides for implementation, maintenance, and enforcement of the 2015
O3 NAAQS (infrastructure SIP or i-SIP). The i-SIP ensures
that the Oklahoma SIP is adequate to meet the state's responsibilities
under the CAA for this NAAQS.
DATES: Written comments must be received on or before February 3, 2020.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0786, at http://www.regulations.gov or via email
[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 Robert Todd, (214) 665-
2156, [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 docket index and publicly available docket materials
for this action are available electronically at www.regulations.gov and
in hard copy at the EPA Region 6 Office, 1201 Elm St., Suite 500,
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: Robert Todd, EPA Region 6 Office,
Infrastructure & Ozone Section, 1201 Elm Street, Suite 500, Dallas, TX
75270, 214-665-2156, [email protected]. To inspect the hard copy
materials, please schedule an appointment with Mr. Todd or Mr. Bill
Deese at 214-665-7253.
SUPPLEMENTARY INFORMATION: In this document ``we,'' ``us,'' and ``our''
means the EPA.
I. Background
Below is a short discussion of background on the 2015 Ozone NAAQS
addressed in this action. For more information, please see the
Technical Support Document (TSD) in the docket for this action.
Following a periodic review of the 2008 NAAQS for O3,
EPA revised the primary and secondary O3 NAAQS to 0.070 ppm
(80 FR 65291, October 26, 2015).\1\ The primary NAAQS is designed to
protect human health, and the secondary NAAQS is designed to protect
the public welfare.\2\
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\1\ Additional information on the history of the NAAQS for ozone
is available at https://www.epa.gov/ozone-pollution/table-historicalozone-national-ambient-air-quality-standardsnaaqs.
\2\ Information on ozone formation and health effects is
available at https://www.epa.gov/ozonepollution.
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Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This
particular type of SIP submission is commonly referred to as an
``infrastructure SIP'' or ``i-SIP''. These submissions must meet the
various requirements of CAA section 110(a)(2), as applicable. Due to
ambiguity in some of the language of CAA section 110(a)(2), EPA
believes that it is appropriate to interpret these provisions in the
specific context of acting on infrastructure SIP submissions. EPA has
previously provided comprehensive guidance on the application of these
provisions through a guidance document for infrastructure SIP
submissions and through regional actions on infrastructure
submissions.\3\ We are following that existing approach in acting on
this submission. In addition, in the context of acting on such
infrastructure submissions, EPA evaluates the submitting state's SIP
for facial compliance with statutory and regulatory requirements, not
for the state's implementation of its SIP.\4\ The EPA has other
authority to address any issues concerning a state's implementation of
the rules, regulations, consent orders, etc. that comprise its SIP.
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\3\ EPA explains and elaborates on these ambiguities and its
approach to address them in its September 13, 2013 Infrastructure
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior
action on Louisiana's infrastructure SIP to address the 2006
PM2.5, 2008 PB, 2008 O3, 2010 NO2,
2010 SO2 and 2012 PM2.5 NAAQS (81 FR 68322
(October 4, 2016)).
\4\ See U.S. Court of Appeals for the Ninth Circuit decision in
Montana Environmental Information Center v. EPA, No. 16-71933 (Aug.
30, 2018).
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The State of Oklahoma's i-SIP certification, submitted on October
25, 2018, provides a demonstration of how the existing Oklahoma SIP
meets the applicable section 110(a)(2) requirements for the 2015
O3 NAAQS. Our technical evaluation of the submittal is
provided in the TSD for this action.\5\
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\5\ The TSD for this action can be accessed through
www.regulations.gov (Docket No. EPA-R06-OAR-2018-0786).
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Each state must submit a SIP within three years after the
promulgation of a new or revised NAAQS showing how it meets the
elements of section 110(a)(2) of the CAA. This section of the CAA
includes a list of specific elements necessary for a state's air
quality program. We term this SIP an infrastructure SIP or i-SIP. On
September 13, 2013, the EPA issued guidance addressing the i-SIP
elements for NAAQS.\6\ On October 25, 2018, the Oklahoma Secretary of
Energy and the Environment made one submission to address the 2015
NAAQS for O3.\7\ The
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submittal addressed CAA sections 110(a)(2)(A) through (M).
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\6\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act sections 110(a)(1) and 110(a)(2),''
Memorandum from Stephen D. Page, September 13, 2013.
\7\ Additional information, including the history of the
priority pollutants, their levels, the forms of the standard and the
determination of compliance; EPA's approach for reviewing the i-SIP
submittal and EPA's evaluation; the statute and regulatory citations
in the Oklahoma SIP specific to the review of this i-SIP, applicable
CAA and EPA regulatory citations, Federal Register citations for the
Oklahoma SIP approvals; Oklahoma minor New Source Review program and
EPA approval activities, and Oklahoma's Prevention of Significant
Deterioration program can be found in the TSD for this action.
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We are proposing that CAA section 110(a)(1) and parts of section
110(a)(2) are met by the State. Specifically, we are proposing to
approve the state's compliance with CAA sections 110(a)(1) and
110(a)(2)(A) through (C) and (E) through (M). In this action we are
also proposing to approve Oklahoma's representations that CAA sections
110(a)(2)(D)(i)(II), Interference with Prevention of Significant
Deterioration (often referred to as prong 3) and 110(a)(2)(D)(ii),
Interstate Pollution Abatement (which refers to CAA section 126) and
International Air Pollution (which refers to CAA section 115)
requirements are met. The remaining portions of the October 25, 2018,
submittal, addressing CAA section 110(a)(2)(D)(i)(I), often referred to
as prongs 1 and 2, and CAA section 110(a)(2)(D)(i)(II), often referred
to as prong 4, will be addressed in subsequent actions. A copy of the
State's entire submittal is provided in the docket for this proposed
rulemaking.
II. EPA's Evaluation of the Oklahoma 2015 O3 NAAQS Submission
Below is a summary of our evaluation of the October 25, 2018,
Oklahoma submittal for each element of 110(a)(2) that we are proposing
to approve.\8\
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\8\ A detailed discussion of our evaluation can be found in the
TSD for this action.
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(A) Emission limits and other control measures: The SIP must
include enforceable emission limits and other control measures, means
or techniques, as well as schedules and timetables for compliance, as
may be appropriate to meet the applicable requirements of the Act and
other related matters as needed to implement, maintain and enforce each
of the NAAQS.\9\
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\9\ 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 2015 Ozone 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 infrastructure SIP, EPA is not
evaluating the existing SIP provisions for this purpose. Instead,
EPA is only evaluating whether the state's SIP has basic structural
provisions for the implementation of the NAAQS.
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The Oklahoma Environmental Quality Act, the Oklahoma Environmental
Quality Code, the Oklahoma Clean Air Act (OCAA) and other portions of
the Oklahoma's Administrative Code (OAC), including the rules of
Practice and Procedure (OAC 252:4) and the Air Pollution Control Rules
(OAC 252:100) provide the Oklahoma Department of Environmental Quality
(ODEQ or State) and its staff the legal authority needed to implement,
maintain and enforce the NAAQS within Oklahoma. They may adopt emission
standards and compliance schedules applicable to regulated entities;
emission standards and limitations and any other measures necessary for
attainment and maintenance of national standards; and enforce
applicable laws, regulations, standards and compliance schedules, and
seek injunctive relief. This authority has been employed in the past to
adopt and submit multiple revisions to the Oklahoma SIP. The federally-
approved SIP for Oklahoma is documented at 40 CFR part 52.1920. The
State's air quality rules and standards are codified at Title 252 of
the Oklahoma Administrative Code (denoted here as OAC 252). Numerous
parts of these regulations necessary for implementing and enforcing the
NAAQS have been already been adopted into the SIP. (See the TSD to this
proposal for a thorough discussion of the State's authorities.)
(B) Ambient air quality monitoring/data system: The SIP must
provide for establishment and implementation of ambient air quality
monitors, collection and analysis of ambient air quality data, and
providing such data to EPA upon request.
The Oklahoma Clean Air Act provides the authority allowing the ODEQ
to collect air monitoring data, quality-assure the results, and report
the data. ODEQ maintains and operates a monitoring network to measure
levels of ozone, as well as other pollutants, in accordance with EPA
regulations specifying siting and monitoring requirements. All
monitoring data is measured using EPA approved methods and subject to
the EPA quality assurance requirements. ODEQ submits all required data
to us, following the EPA regulations. The Oklahoma statewide monitoring
network was approved into the SIP on May 31, 1972 (37 FR 10842, 10887),
was revised on March 28, 1979 (44 FR 18490), and it undergoes annual
review by EPA.\10\ In addition, ODEQ submits an assessment of its
monitoring network every five years, as required by EPA rules. The most
recent of these annual monitoring network assessments was submitted by
ODEQ and approved by us October 15, 2018. The most recent of the five
year monitoring assessments was submitted by ODEQ and approved by us
July 22, 2016. The ODEQ website provides the monitor locations and
posts past and current concentrations of criteria pollutants measured
by the State's network of monitors.\11\
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\10\ A copy of the 2018 Annual Air Monitoring Network Plan and
our approval letter, as well as the most recent five year assessment
and approval letter, are included in the docket for this proposed
rulemaking.
\11\ See https://www.deq.ok.gov/air-quality-division/ambient-monitoring/.
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(C) Program for enforcement of control measures: The SIP must
include the following three elements: (1) A program providing for
enforcement of the measures in CAA section 110(a)(2)(A); (2) a minor
new source review (NSR) program for the regulation of new and modified
minor stationary sources and minor modifications of new major
stationary sources as necessary to protect the applicable NAAQS; and
(3) a major stationary source permit program to meet the prevention of
significant deterioration (PSD) permitting requirements of the CAA (for
areas designated as attainment or unclassifiable for the NAAQS in
question). Each of these elements is described in more detail in the
TSD for this action.
(1) Enforcement of SIP measures: The state must provide a program
for enforcement of the necessary control measures described in
subparagraph (A). As noted earlier, the OCAA provides authority for the
ODEQ, and its Executive Director, to enforce the requirements of the
OCAA, and any regulations, permits, or final compliance orders. These
statutes also provide the ODEQ with general enforcement powers. Among
other things, they can file lawsuits to compel compliance with the
statutes and regulations; commence civil actions; conduct
investigations of regulated entities; collect criminal and civil
penalties; develop and enforce rules and standards related to
protection of air quality; issue compliance orders; pursue criminal
prosecutions; investigate, enter into remediation agreements; and issue
emergency cease and desist orders. The OCAA also provides additional
enforcement authorities and funding mechanisms.
(2) Minor New Source Review (NSR). The SIP is required to include
measures to regulate construction and modification of minor stationary
sources and minor modifications to major stationary sources to protect
the NAAQS. The Oklahoma minor NSR permitting requirements are approved
as part of the SIP.\12\
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\12\ EPA is not proposing in this action 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 for EPA to approve the
infrastructure SIP for element C, program for enforcement of control
measures (e.g., 76 FR 41076-41079). The statutory requirements of
section 110(a)(2)(C) of the Act provide for considerable flexibility
in designing minor NSR programs. See the TSD for more information.
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(3) PSD permit program for major stationary sources. The Oklahoma
PSD portion of the SIP covers all NSR regulated pollutants as well as
the requirements for the 2015 O3 NAAQS. However, in order
for the State's PSD permitting program to fully meet the requirements
of 110(a)(2)(C)(3), our recent proposal to approve the state's adoption
by reference of the Guideline to Air Quality Models, 2017 Appendix W,
40 CFR part 51, must be approved. We proposed to approve the updated
version of Oklahoma's PSD program December 3, 2019.\13\
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\13\ For details of our proposed action, please see 84 FR 66103,
December 3, 2019 and the materials provided in the associated docket
number EPA-R06-OAR-2018-0208 available at https://www.regulations.gov/.
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(D) Interstate and international transport: The requirements for
interstate transport of O3 emissions are that the SIP
contain adequate provisions prohibiting O3 emission
transport to other states which will (1) contribute significantly to
nonattainment of the NAAQS, (2) interfere with maintenance of the
NAAQS, (3) interfere with measures required to prevent significant
deterioration or (4) interfere with measures to protect visibility (CAA
110(a)(2)(D)(i)). In addition, states must comply with requirements to
prevent transport of international air pollution (CAA section
110(a)(2)(D)(ii)). As noted earlier, EPA often refers to these four
requirements within CAA section 110(a)(2)(D)(i) as prongs or sub-
elements. We are not evaluating prongs 1, 2, and 4 in this rulemaking
action, but will address them in separate actions. However, we are
proposing to approve prong 3 of CAA section 110(a)(2)(D)(i), pertaining
to interference with measures to prevent significant deterioration in
other states for O3. Oklahoma has a SIP-approved PSD program
that regulates all NSR pollutants, and thus, prevents significant
deterioration in nearby states. See the TSD for more detail.
Section 110(a)(2)(D)(ii) of the CAA requires SIPs to include
adequate provisions to ensure compliance with sections 115 and 126 of
the Act, relating to international and interstate pollution abatement.
Section 115 of the Act addresses endangerment of public health or
welfare in foreign countries from pollution emitted in the United
States. There are no final findings by the EPA that Oklahoma air
emissions affect other countries. Section 126(a) of the Act requires
new or modified sources to notify neighboring states of potential
impacts from such sources. The Oklahoma SIP requires that each major
proposed new or modified source provide such notification.\14\ The
State also has no pending obligations under CAA section 126. See the
TSD for more detail.
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\14\ See EPA docket number EPA-R06-OAR-2018-0208.
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(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) requirements
relating to state boards; 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. Both elements (A) and (E) address
the requirement that there is adequate authority to implement and
enforce the SIP and that there are no legal impediments. The i-SIP
submission for the 2015 O3 NAAQS describes the SIP
regulations governing the various functions of personnel within the
ODEQ, including the administrative, technical support, planning,
enforcement, and permitting functions of the program. With respect to
funding, state law establishes the ODEQ's authority to accept and
expend funds necessary to carry out the requirements of the Act. The
ODEQ receives air quality program funds through state appropriations,
permit application fees, annual operating fees, and federal grants. As
required by the CAA, the Oklahoma Environmental Quality Code lays out
the composition, powers and duties of the state's Environmental Quality
Board and the Air Quality Council. The members of the board and council
are required to abide by conflict of interest provisions for DEQ staff
and the DEQ Executive Director as described in the state's statutes.
The requirement to comply with the section 128 (State boards) of the
Act is met.\15\ With respect to assurances that the State has
responsibility to implement the SIP adequately when it authorizes local
or other agencies to carry out portions of the plan, the ODEQ is the
primary air pollution control agency and does not rely on local or
regional boards to implement any portion of the portion of the state's
air quality implementation plan. More detail is provided in the TSD for
this action.
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\15\ Last approved by EPA at 81 FR 89008, December 9, 2016.
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(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 such sources. The SIP
shall also require periodic reports on the nature and amounts of
emissions and emissions-related data from such 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. The OCAA
authorizes the ODEQ to require persons engaged in operations which
result in air pollution 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. 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. More detail and links to
Oklahoma's emissions data are provided in the TSD for this action.
(G) Emergency authority: The SIP must provide for authority to
address activities causing imminent and substantial endangerment to
public health or welfare or the environment and to include contingency
plans to implement such authorities as necessary. The OCAA provides
ODEQ with authority to address environmental emergencies, and ODEQ has
an ``emergency episode plan,'' which
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includes contingency plans which are included in the SIP (56 FR 5656,
February 2, 1991). The ODEQ has authority to respond to possible
dangerous ozone air pollution episodes 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 SIP, as necessary, to
account for revisions of 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: The CAA section 110(a)(2)(I) 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. EPA does not expect infrastructure SIP submissions to address
CAA section 110(a)(2)(I). 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 act on any part D
nonattainment plan SIP submissions through a separate rulemaking
process governed by the requirements for nonattainment areas, as
described in part D.\16\
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\16\ Oklahoma does not presently have any designated ozone
nonattainment areas.
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(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
regarding certain CAA requirements; (2) section 127, relating to public
notification of NAAQS exceedances and related issues; (3) prevention of
significant deterioration of air quality; and (4) visibility
protection.
(1) Interagency consultation: As required by the OCAA, there must
be a public hearing before the adoption of any regulations or emission
control requirements, and all interested persons are given a reasonable
opportunity to review the action that is being proposed and to submit
data or arguments, either orally or in writing, and to examine the
testimony of witnesses from the public 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, other
states, the federal government and other interested persons or groups
in regard to matters of common interest in the field of air quality
control. 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
Manager (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, as required, with the FLMs on the
review and implementation of the visibility program. 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 new
or modifying source prior to the submission of a permit application.
(2) Public Notification: 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; and enhance public awareness of
measures that can prevent such exceedances and of ways in which the
public can participate in the regulatory and other efforts to improve
air quality. In addition, as discussed earlier for CAA section
110(a)(2)(B), the ODEQ air monitoring website provides air quality data
for each of the monitoring stations in Oklahoma; this data is provided
in real time for certain pollutants, such as ozone. The website also
provides information on the health effects of lead, ozone, particulate
matter, and other criteria pollutants.
(3) PSD: The PSD requirements for this sub-element are the same as
those addressed earlier under CAA section 110(a)(2)(C), Program for
enforcement of control measures. The State has a SIP-approved PSD
program. This requirement is met.\17\
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\17\ For details of our recent proposed action to update the
state SIP with regard to PSD, please see 84 FR 66103, December 3,
2019 and the materials provided in the associated docket number EPA-
R06-OAR-2018-0208 available at https://www.regulations.gov/.
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(4) Visibility Protection: The ODEQ SIP requirements relating to
visibility protection 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 NAAQS, and
consequently there are no newly applicable visibility protection
obligations pursuant to CAA section 110(a)(2)(J).
(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 power and duty, under 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, ODEQ can perform modeling for primary and
secondary NAAQS on a case-by-case permit basis consistent with their
SIP approved PSD rules and with EPA guidance.\18\
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\18\ Note that our recent proposed action to update the state
SIP included citations adopting the most current version of EPA's
Guideline on Air Quality Models at 40 CFR part 51, 2017 Appendix W.
See 84 FR 66103.
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The OCAA authorizes and empowers the ODEQ to cooperate with the
federal government and local authorities 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, to 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 a fee program
established by the state pursuant to Title V of the CAA, relating to
operating permits, is approved by EPA.
With respect to funding, the OCAA and the SIP provide the ODEQ with
authority to hire. 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.
Oklahoma's statutes authorize ODEQ ``to promulgate rules regarding
permit fees and . . . establish that the owner or
[[Page 58]]
operator of any source required to have a permit must pay a permit fee
to cover the cost of implementing and enforcing Oklahoma's Air Qualtiy
permit program.'' The OCAA provides the ODEQ with authority to hire and
compensate employees; accept and administer grants or other funds;
requires 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 and the costs of implementing and
enforcing the terms and provisions of the permits. The state has in
place fee programs for major and minor sources of air pollution, as
well as an area source operating fee program that covers other sources
in the state. This requirement is met.\19\
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\19\ Last approved by EPA at 81 FR 89008, December 9, 2016.
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(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 earlier discussions for CAA sections 110(a)(2)(J), sub-
elements (1) and (2) for a description of the SIP's public
participation process, the authority to advise and consult, and the PSD
SIP's public participation requirements. Additionally, the OCAA
requires cooperative action between ODEQ and local authorities, other
agencies of the State, other states, Indian Tribes, other affected
groups and the federal government in the prevention and control of air
pollution.
III. Proposed Action
EPA is proposing to approve portions of the October 25, 2018,
Oklahoma i-SIP submittal for the 2015 ozone NAAQS as detailed in Table
1, below. The portions of the submittal dealing with CAA section
110(a)(2)(D)(i)(I), prongs 1 and 2, Significant Contribution to
Nonattainment and Interference with Maintenance in other States, and
CAA section 110(a)(2)(D)(i)(II), prong 4, Interference with Visibility
Protection in other States will be addressed in separate, future
actions.
Table 1--Proposed Action on Oklahoma Infrastructure and Transport SIP
Submittals for the 2015 Ozone NAAQS
------------------------------------------------------------------------
Element Proposed action
------------------------------------------------------------------------
(A): Emission limits and other control measures..... A
(B): Ambient air quality monitoring and data system. A
(C)(i): Enforcement of SIP measures................. A
(C)(ii):PSD program for major sources and major A
modifications......................................
(C)(iii): Permitting program for minor sources and A
minor modifications................................
(D)(i)(I): Contribute to nonattainment/interfere SA
with maintenance of NAAQS (prongs 1 and 2).........
(D)(i)(II): PSD (prong 3)........................... A
(D)(i)(II): Visibility Protection (prong 4)......... SA
(D)(ii): Interstate and International Pollution A
Abatement..........................................
(E)(i): Adequate resources.......................... A
(E)(ii): State boards............................... A
(E)(iii): Necessary assurances with respect to local A
agencies...........................................
(F): Stationary source monitoring system............ A
(G): Emergency power................................ A
(H): Future SIP revisions........................... A
(I): Nonattainment area plan or plan revisions under +
part D.............................................
(J)(i): Consultation with government officials...... A
(J)(ii): Public notification........................ A
(J)(iii): PSD....................................... A
(J)(iv): Visibility protection...................... +
(K): Air quality modeling and data.................. A
(L): Permitting fees................................ A
(M): Consultation and participation by affected A
local entities.....................................
------------------------------------------------------------------------
Key to Table 1:
A: Proposing to Approve.
+: Not germane to infrastructure SIPs.
SA: EPA is acting on this infrastructure requirement in a separate
rulemaking action.
Based upon review of the State's infrastructure SIP submission and
relevant statutory and regulatory authorities and provisions referenced
in this submission or referenced in the EPA-approved ODEQ SIP, EPA
believes that Oklahoma has the infrastructure in place to address all
applicable required elements of CAA sections 110(a)(1) and (2), except
as noted above, to ensure that the 2015 O3 NAAQS is
implemented in the State. However, as mentioned above, our approval of
this proposed action is dependent upon finalization of our proposal to
approve updates to Oklahoma's new source review permitting
requirements. (see 84 FR 66103, December 3, 2019).
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);
[[Page 59]]
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 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, Ozone.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 23, 2019.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2019-28329 Filed 12-31-19; 8:45 am]
BILLING CODE 6560-50-P