Technical Support Document for EPA Proposal on Oklahoma State
Implementation Plan Revisions for Interstate Transport of Pollution,
Prevention of Significant Deterioration, Nonattainment New Source
Review, Source Registration and Emissions Reporting, and Rules of
Practice and Procedure

Background

Clean Air Act Section 110(a)(2)(D)(i)

On July 18, 1997, EPA promulgated new NAAQS for 8-hour ozone and for
fine particulate matter (PM2.5).  Section 110(a)(1) of the CAA requires
states to submit SIPs to address a new or revised NAAQS within 3 years
after promulgation of such standards, or within such shorter period as
EPA may prescribe.  Section 110(a)(2) lists the elements that such new
SIPs must address, as applicable, including section 110(a)(2)(D)(i),
which pertains to interstate transport of certain emissions.  On August
15, 2006, EPA issued its “Guidance for State Implementation Plan (SIP)
Submission to Meet Current Outstanding Obligations Under Section
110(a)(2)(D)(i) for the 8-Hour Ozone and PM2.5 National Ambient Air
Quality Standards” (2006 Guidance).  EPA developed the 2006 Guidance
to make recommendations to states for making submissions to meet the
requirements of section 110(a)(2)(D)(i) for the 1997 8-hour ozone
standards and the 1997 PM2.5  standards.

As identified in the 2006 Guidance, the “good neighbor” provisions
in section 110(a)(2)(D)(i) require each state to submit a SIP that
prohibits emissions that adversely affect another state in the ways
contemplated in the statute.  Section 110(a)(2)(D)(i) contains four
distinct requirements related to the impacts of interstate transport. 
The SIP must prevent sources in the state from emitting pollutants in
amounts which will:  (1) contribute significantly to nonattainment of
the NAAQS in other states; (2) interfere with maintenance of the NAAQS
in other states; (3) interfere with provisions to prevent significant
deterioration of air quality in other states; or (4) interfere with
efforts to protect visibility in other states.  

In EPA's November 29, 2005, Phase 2 rule for the 1997 8-hour ozone NAAQS
(70 FR 71612), EPA called for States to modify their Prevention of
Significant Deterioration (PSD) program to address NOx as an ozone
precursor.  The Federal requirements to address NOx as an ozone
precursor and the current CFR citation are as follows:

•	Identify NOx as an ozone precursor (40 CFR 51.166(b)(49)(i)(a))

•	A Major source that is major for NOx shall be major for ozone (40
CFR 51.166(b)(1)(ii))

•	Significant means, in reference to a net emissions increase or
potential to emit, a rate of emissions that equals or exceeds 40 tons
per year of NOx (40 CFR 51.166(b)(23)) 

•	Any net emissions increase of 100 tons per year of NOx subject to
PSD would require an ambient impact analysis, including the gathering of
air quality data (40 CFR 51.166(i)(5)(i)(e))

In the August 15, 2006 EPA Guidance EPA stated that: 

•	States are not required to submit PSD and Nonattainment New Source
Review (NNSR) program SIPs for PM2.5 until EPA completes regulations
establishing the minimum requirements for New Source Review programs for
PM2.5 and finalizes the submission schedule

•	Until the submission date is established in EPA's final PM2.5
implementation rule for New Source Review (NSR), states may continue to
implement interim programs based on PM10 and need not provide PSD or
NNSR program submissions containing rule changes for PM2.5.

Because of Court decisions and EPA decisions on petitions concerning
this issue, EPA requested States such as Oklahoma to clarify how they
are implementing the PM2.5 NAAQS.  (For more information please see the
EPA Order responding to Petition No. IV-2008-3, which concerns the
Louisville Gas and Electric Company Title V/PSD Air Quality Permit. 
This order can be found in electronic docket EPA-R06-OAR-2009-0656.)

This TSD addresses the requirement that the Oklahoma SIP prevent sources
in the state from emitting pollutants in amounts which will interfere
with provisions to prevent significant deterioration of air quality in
other states.  Separately, we have proposed to limit the interstate
transport of NOx emissions from Oklahoma that affect the ability of
downwind states to attain and maintain compliance with the 1997 ozone
NAAQS pursuant to CAA 110(a)(2)(D)(i)(I) (75 FR 45210, August 2, 2010).

May 1, 2007 Submittal

On May 1, 2007, we received a SIP revision from the State of Oklahoma
intended to address the interstate transport requirements of section
110(a)(2)(D)(i) for both the 1997 8-hour ozone standards and 1997 PM2.5
standards.  In its submission, the State of Oklahoma stated that its New
Source Review program for major sources satisfies the requirement that
pertains to preventing sources in Oklahoma from emitting pollutants that
will interfere with measures required to prevent significant
deterioration of air quality in other states.  

For the PM2.5 NAAQS, Oklahoma stated in its section 110(a)(2)(D)(i)
submission that its NSR program includes an interim PSD permitting
program for PM2.5.  On July 29, 2010 the Oklahoma Department of
Environmental Quality sent a letter to EPA clarifying its implementation
of the implementation the PM2.5 NAAQS.  The letter is further discussed
below.

June 24, 2010 Submittal 

On June 24, 2010 Oklahoma submitted additional revisions to Subchapter 8
in OAC 252:100 (Permits for Part 70 Sources).  These included revisions
to the Oklahoma PSD regulations necessary to address NOx as a precursor
for the 1997 8-hour ozone NAAQS (PSD Requirements for Attainment Areas,
OAC 252:100-8).  The submittal also includes revisions to: Definitions
(for General Provisions, OAC 252:100-8-1.1), Definitions (for Part 70
Sources, OAC 252:100-8-2), Requirements for construction and operating
permits (OAC 252:100-8-4), Permit applications (OAC 252:100-8-5), Permit
content (OAC 252:100-8-6), General permits (OAC 252:100-8-6.1), Special
provisions for affected (acid rain) sources (OAC 252:100-8-6.3), Permit
review by EPA and affected states (OAC 252:100-8-8), Applicability (OAC
252:100-8-30) and the definition of major stationary source found in OAC
252:100-8-31.  At this EPA is proposing to only act on the portion of
the June 24, 2010 submittal that addresses NOx as an ozone precursor.

February 14, 2002 Submittal

On February 14, 2002 Oklahoma submitted revisions to its State
Implementation Plan (SIP).  The revisions affect Title 252 of the
Oklahoma Administrative Code (OAC 252), the official compilation of
agency rules and executive orders for the State of Oklahoma.  

EPA approved portions of the February 14, 2002 submittal on December 29,
2008 (73 FR 79400).  At that time, we took no action on:  

•	Chapter 4 (Rules of Practice and Procedure): Subchapters 1 (General
Procedures), Subchapter 7 (Environmental Permit Process), and Appendix C
(Permitting Process Summary); 

•	Chapter 100 (Air Pollution Control): Subchapter 5 (Registration,
Emission Inventory and Annual Operating Fees), Subchapter 7 (Permits for
Minor Sources), Subchapter 8 (Permits for Part 70 Sources), Subchapter 9
(Excess Emissions Reporting Requirements), and Appendices H, I and J.  

On July 16, 2010 the state submitted a letter to EPA withdrawing their
2002 submittal for Subchapter 9 (Excess Emissions Reporting
Requirements).

The portion of the 2002 revision being considered for approval relate
to: 

•	Prevention of Significant Deterioration (PSD) and Nonattainment New
Source Review (NNSR) for major sources (Chapter 100, Subchapter 8,
Permits for Part 70 Sources), 

•	Source registration and emissions reporting, (Chapter 100,
Subchapter 5, Registration, Emission Inventory and Annual Operating
Fees), and 

•	Other rules of practice and procedure, except for revisions relating
to minor sources (Chapter 4, Subchapter 1 (General Provisions),
Subchapter 7 (Environmental Permit Process) and Appendix C.  

We are not proposing action on revisions submitted for Minor Source New
Source Review (NSR) SIP purposes.  These are:

•	The portion of “Availability of a record” found in OAC
252:4-1-5(a), (Chapter 4, Subchapter 1) that relates to minor sources,

•	Portions of Chapter 4, Subchapter 7 (Environmental Permit Process),
Part 1 (The Process, OAC 252:4-7, Part 1) and Part 3 (Air Quality
Division Tiers and Time Lines, OAC 252:4-7, Part 3) that relate to minor
sources), 

•	The Tier I minor source category column found in Appendix C of
Chapter 4. 

•	The definition for minor facility found in OAC 252:100-5-1.1
(Chapter 100),

•	Chapter 100, Subchapter 7 (Permits for Minor Sources, OAC
252:100-7), and

•	Chapter 100, Appendices H (De Minimis Facilities), I (Insignificant
Activities (Registration) List, and J (Trivial Activities (De Minimis)
List).  

We intend to address the revisions related to minor sources at a later
time.

The revisions are further discussed below.

A. OAC 252:4, Rules of Practice and Procedure; and Appendix C.

Oklahoma included a new Chapter 4 (Rules of Practice and Procedure) and
which provides administrative procedures for permit issuance, public
notice, and administrative proceedings.  Chapter 4 was adopted by the
State to meet the requirements of the Oklahoma Administrative Procedures
Act, which requires each agency to adopt rules describing its
organization, method of operation and methods by which the public may
obtain or provide information to the agency.  These rules also specify
the requirements of all formal and informal procedures available,
including a description of forms and instructions.

Subchapter 1 (General Provisions) includes the practices and procedures
of the Environmental Quality Board, Advisory Councils, and the
Department of Environmental Quality; the availability of records; and
fees for copying, faxing, records search and mail services. 

Subchapter 7 (Environmental Permit Process) is new and includes Part 1
(The Process) and Part 3 (Air Quality Division Tiers and Time Lines).
Representative sections of Part 1 include 252:4-7-2 (Preamble),
252:4-7-13 (Notices) and 252:4-7-15 (Permit issuance or denial) and are
briefly discussed below.

 

The Preamble to Subchapter 7 is the introductory section, referencing
the Uniform Environmental Permitting Act (UEPA), which requires that DEQ
fit licenses, permits, certificates, approvals and registrations into a
category, or Tier, established under the uniform environmental
permitting rules. The UEPA was created to streamline the permitting
process and is located in Oklahoma Statute Title 27A Environment and
Natural Resources, Chapter 2 Oklahoma Environmental Quality Code,
Sections 1 through 12.  Tier I, (which are not proposed for approval),
are administrative decisions made by a technical supervisor without
public participation, aside from the landowner. Tier II are
administrative decisions made by the Division Director with little
public participation, including notice to the public, the opportunity
for a public meeting and public comment. Tier III are administrative
decisions made by the Executive Director with extensive public
participation, i.e., an administrative evidentiary hearing.

Appendix C of Chapter 4 is the Permitting Process Summary, which lists
the permit processing steps required under each of the three Tiers.  EPA
is not proposing to approve the Tier I processing steps in the Appendix.

B.  OAC 252:100, Air Pollution Control; and Appendices H, I and J.

Chapter 100 (Air Pollution Control) in part provides details regarding
permitting fees, permitting for minor facilities, permitting for Part 70
Sources, and PSD requirements and major sources.  

Subchapter 5 (Registration, Emission Inventory and Annual Operating
Fees) includes three separate revisions.  The first revision to
Subchapter 5 was adopted by Oklahoma in 1998 and includes requirements
to file an emission inventory, formerly located in Subchapter 7;
requirements to pay annual operating fees, formerly located in
Subchapters 7 and 8; and increases to the annual operating fees for
minor facilities and non-Part 70 sources.

 

The second revision to Subchapter 5 was adopted by Oklahoma in 1999, to
modify the base annual operating fee for minor facilities and the annual
operating fee for Part 70 sources.

The third revision to Subchapter 5 was adopted by Oklahoma in 2000, to
allow the agency to bill annual operating fees on a flexible schedule;
edits define billing dates and identify how errors will be handled.  The
changes allow fees to be based on the most recent emissions data and
require inventories to be submitted prior to March 1.  Miscellaneous
edits delete redundant text and clarify.  

EPA is not taking action on Subchapter 7 (Permits for minor facilities).
 A number of revisions to Subchapter 7 were included with the 2002
submission.  

Subchapter 8 (Permits for Part 70 Sources) contains the provisions for
NSR and construction permit programs for Part 70 sources.  The State
reasoned that it would be difficult to separate these rules into Title V
and SIP rules without omitting essential requirements, and includes
these rules in the submittal. The February 14, 2002 submittal revises
100-8: Parts 1 (General Provisions), 5 (Permits for Part 70 Sources), 7
(PSD Requirements for Attainment Areas), and 9 (Major Sources Affecting
Nonattainment Areas).   These sections include general information,
including eligibility criteria for general and individual permits;
sources subject to the permit requirements and permit contents;
administrative requirements, including format, transmission of
information, review and petitions; applicability of new sources to NSR
requirements; demonstration of best available control technology and
evaluation of air quality impact.  Finally, Oklahoma is adding a section
for the construction of major sources affecting nonattainment areas. 
Oklahoma does not have areas designated as nonattainment at this time. 
Should area(s) become designated as nonattainment for a regulated air
pollutant in the future, this part would become applicable.

EPA is not taking action on Appendix H (De Minimis Facilities).  It is
new to the SIP and is referenced in Section 252:100-7-1.1.  Appendix H
lists the facilities that qualify under De Minimis, such as agricultural
(lawn care), woodworking (portable wood chipping operations),
office/janitorial, and cleaning/surface preparation (cold degreasing
operations).  Appendix H meets 40 CFR 51.160.

EPA is not taking action on Appendix I (Insignificant Activities
(Registration) List).  It is new to the SIP and is referenced in Section
252:100-8-2.  Appendix I lists the facilities that qualify under
Insignificant Activities, such as combustion equipment (stationary
reciprocating engines used exclusively for emergency power generation or
peaking power service, not more than 500 hours/year), storage
tanks/distribution (not more than 10,000 gallons capacity that store
volatile organic liquids), and equipment (alkaline/phosphate washers and
associated burners, and cold degreasing operations).   Appendix I meets
40 CFR 51.160.

EPA is not taking action on Appendix J (Trivial Activities (De Minimis)
List).  It is new to the SIP and is referenced in Section 252:100-8-2. 
Appendix J lists the facilities that qualify under Trivial Activities
criteria, such as agricultural (non-commercial lawn care), cooling
towers/boiler water (water treatment operations), fugitive emissions
(roof coating, service, and repair), and wastewater (removal of basic
sediment and water from collection or storage systems).  Appendix J
meets 40 CFR 51.160 and strengthens the SIP.

The State also marked rule text for exclusion from the SIP revisions. 
These are listed on page 3 of the introduction submitted to EPA. 
Generally, the text applied to either: 

•	Toxic air pollutants not addressed by the SIP,

•	Rules that do not apply to air matters (i.e. Clean Water Act
permits),

•	Minor permit application fees, and

•	Certain OAC references.

Evaluation of Oklahoma SIP Revisions 

Oklahoma SIP for Prevention of Interference with PSD Provisions in Other
States and Revisions to Address NOx as an Ozone Precursor (SIP Revisions
Submitted May 1, 2007 and June 24, 2010 and July 29, 2010 Letter)

As noted above, the third element of section 110(a)(2)(D)(i) requires a
SIP to contain adequate provisions prohibiting emissions that interfere
with any other state's required measures to prevent significant
deterioration of its air quality.  EPA’s 2006 Guidance made
recommendations for SIP submissions to meet this requirement with
respect to both the 1997 8-hour ozone NAAQS and the 1997 PM2.5 NAAQS.

Oklahoma’s May 1, 2007 interstate transport submission is consistent
with the 2006 Guidance, when considered in conjunction with other PSD
program revisions submitted by the State.  The State’s submittal
states: 

Oklahoma’s New Source Review (NSR) program for major sources satisfies
the requirement of section 110(a)(2)(D)(i) that the State prohibits any
source or other type of emission activity within the State from emitting
any air pollutant in amounts which will interfere with measures required
to be included in the applicable implementation plan of any other State
to prevent significant deterioration of air quality.  Oklahoma
Administrative Code (OAC) 252:100-8-35(a)(1) requires sources to
demonstrate that allowable emissions increase from a proposed source or
modification, in conjunction with all other applicable emissions
increases or reductions (including secondary emissions) would not cause
or contribute to any increase in ambient concentrations that would
exceed any NAAQS in any air quality control region.

Oklahoma’s regulations for its PSD program were approved by EPA and
made part of the SIP on August 25, 1983 (48 FR 38636).  Oklahoma’s
requirement to demonstrate that an emissions increase would not
interfere with another state’s PSD measures (OAC 252:100-8-35(a)(1))
was previously approved by EPA as Section 1.4.4(f) of Oklahoma
Regulation 1.4 (see the  table at 40 CFR 52.1920(c)).  Oklahoma
submitted OAC 252:100-35 as a SIP revision on February 14, 2002.  The
revision recodified the regulation.  The 2002 submittal is further
discussed below and in Appendix A of this Technical Support Document.

Consistent with EPA's November 29, 2005, Phase 2 rule for the 1997
8-hour ozone NAAQS (70 FR 71612), the State submitted a SIP revision on
June 24, 2009, to modify its PSD program to address NOx as an ozone
precursor (OAC 252:100-8).  

The SIP revision submitted by Oklahoma on June 24, 2010 included
revisions to regulate NOx emissions in its PSD permit program as a
precursor to ozone.  The revisions: 

•	 include NOx as an ozone precursor in the definition of Regulated
NSR pollutant (OAC 252:100-8-31), 

•	 add that a major source that is major for NOx shall be considered
major for ozone in the definition of Major stationary source (OAC
252:100-8-31), 

•	 include a NOx emissions rate of 40 tons per year in the definition
of Significant (OAC 252:100-8-31), and 

•	 add that any net emissions increase of 100 tons per year or more of
NOx subject to PSD would require an ambient impact analysis, including
the gathering of air quality data (OAC 252:100-8-33).  

For the 8-hour ozone NAAQS, the revision to definition of Regulated NSR
pollutant meets the federal definition in 40 CFR 51.166(b)(49) for NOx
as an ozone precursor.  The revision that a major source that is major
for NOx shall be considered major for ozone meets the federal definition
in 40 CFR 51.166(b)(1).  The revision to include a NOx emissions rate of
40 tons per year in the definition of Significant meets the federal
requirement for significant emission rate for NOx emissions in 40 CFR
51.166(b)(23)(i).  The revision that any net emissions increase of 100
tons per year or more of NOx subject to PSD would require an ambient
impact analysis, including the gathering of air quality data meets the
federal requirement for ambient air impact analysis for ozone precursors
under the footnote for 40 CFR 166(i)(5)(i)(e).  Thus, these revisions
meet the requirements of CAA section 110 and 40 CFR 51.166 for
establishing NOx emissions as a precursor for ozone.

The PSD revision for the 1997 8-hour ozone NAAQS taken together with the
interstate transport SIP, satisfies the requirements of the third
element of section 110(a)(2)(D)(i) for the 1997 8-hour ozone NAAQS,
i.e., there will be no interference with any other state’s required
PSD measures.

As noted above, on July 29, 2010 the Oklahoma Department of
Environmental Quality (ODEQ) sent a letter to EPA clarifying their
interpretation of EPA’s interim guidance on use of PM10 as a surrogate
for the PM2.5 NAAQS in the Oklahoma PSD program.  In the letter ODEQ
stated that they would implement the PM2.5 NAAQS consistent with Federal
case law, and EPA Administrator petition decisions.  ODEQ further stated
that: (1) they will not proceed on the general presumption that PM10 is
always a reasonable surrogate for PM2.5, (2) for any permit application
in which the applicant is seeking to rely on the Surrogate Policy, they
will include in the permit record an adequate rationale or demonstration
to support the use of PM10 as a surrogate based on the facts and
circumstances of the specific permit, (3) the permit record will include
an explanation of how the impacts from the proposed source
construction/modification on the PM2.5 levels were determined, and (4)
they will be mindful of the limits provided in the policy itself, such
as the need to identify the technical difficulties that justify the
application of the policy in each specific case.  Because of the
clarifications, EPA believes that Oklahoma’s approach is appropriate. 

On the basis of the analysis presented above we believe that the
Oklahoma SIP as revised with respect to PSD program requirements,
satisfactorily addresses the requirement of CAA section
110(a)(2)(D)(i)(II) that emissions from Oklahoma sources do not
interfere with PSD measures in other any other State for the 1997 8-hour
ozone NAAQS and 1997 PM2.5 NAAQS.

Emissions Inventory Requirements Submitted February 14, 2002 (OAC
252:100-5-2.1)

The revisions require certain stationary sources of air pollution to
report annual emissions (an emissions inventory) to the State by March 1
of each year, with the provision for an extension of up to 60 days (OAC
252:100-5-2.1).  The emission inventory requirements were previously in
OAC 252:100, Subchapter 7 (Permits).

Specifically, the Emissions Inventory requirements at OAC 252:100-5-2.1
read:

Emission inventory

(a) Requirement to file an emission inventory. The owner or operator of
any facility that is a source of air emissions shall submit a complete
emission inventory annually on forms obtained from the division.

(1) The inventory shall cover operations during a calendar year and
shall be submitted prior to March 1 of the following year, unless a
30-day extension has been granted by the Division. An additional 30-day
extension may be granted for good cause shown.

(2) De minimis facilities as defined in 252:100-7-1.1 are not required
to submit an annual emission inventory.

(b) Content. All inventories submitted to the Division shall include,
but shall not be

limited to, the following:

(1) For those emissions subject to a permit, the permit number and the
permitted allowable emissions as set forth therein.

(2) The amount of the actual emissions, including quantifiable excess
emissions, and the basis for such determination.

(3) If the actual emissions vary from the allowable or from the previous
year's actual by more than 30%, an explanation for the difference.

(4) For those emissions not the subject of a permit and when requested
by the AQD, a list of all 252:100 rules setting forth emission
limitations applicable to the facility in question and the maximum
yearly allowable for the facility.

(c) Documentation. All calculations and assumptions must be verified by
proper documentation.  All supporting data, including actual production,
throughput and measurement records along with engineering calculations
and other data utilized in accordance with 252: 100-5-2.1(d), below,
must be maintained for at least 5 years by the current owner or operator
at the facility in conjunction with facility records of the emission
inventory. This information must either be submitted to the Division or
made available for inspection upon request.

(d) Method of calculation. The best available data at the time the
emission inventory is or should have been prepared shall be used to
determine emissions. It shall be the burden of the owner or operator to
select the best available data, based on an acceptable method of
calculation.  The method of calculation used to determine emissions
shall be binding upon the owner or operator and the Division for the
purpose of calculating fees under 252:100-5-2.2 unless challenged by the
owner or operator prior to September 1 of the year the inventory is due
or by the Division within

six (6) months after the date the inventory is received.  Acceptable
methods of calculation for determining actual emissions are:

(1) Emission factors utilized in the issuance of a relevant Oklahoma Air
Quality permit(s) for the facility.

(2) Stack tests using appropriate EPA test methods, with advance
notification and opportunity for observation by the Air Quality
Division.

(3) Stack tests using appropriate EPA test method may be used for
determining the emissions of identical equipment (i.e., same model, same
location, and same operating conditions and parameters) when:

(A) Tests are performed by persons qualified by training and experience
to perform said tests.

(B) Copies of the tests results and methods are available for review by
the Air Quality Division.

(4) Continuous emissions monitoring data, when supported by required
certification and calibration data.

(5) Current AP-42 factors or other factors acceptable to the Division.

(6) Manufacturer's test data, when approved by the Division as reliable.

(7) EPA and EPA-contracted industry-specific emission study data when it
can be shown to be applicable to the facility in question and approved
for use in the emission inventory by the Division.

(8) Fuel usage and other mass-balance methods when supported by specific
records applicable to the materials on which the calculations are based
and approved for use in the emission inventory by the Division.

(9) Any other method that can be shown to be reasonably accurate when
supported by engineering data and calculations, and approved for use in
the emission inventory by the Division.

(e) Methods of verification. Emission inventories determined by the
division to be

substantially incomplete or substantially incorrect shall, upon the
request of the 

Division, be subject to verification if not satisfactorily completed or
corrected within a reasonable time. Verification shall be accomplished
by an appropriate stack test using EPA approved methods, installation of
continuous monitoring equipment, or other methods acceptable to the
Division.

These requirements are consistent with EPA’s Air Emissions Reporting
Requirements, (40 CFR 51, Subpart A), which calls for States to report
emissions from stationary sources.

Other Revisions Submitted on February 14, 2002

The other revisions submitted on February 14, 2002 are discussed further
in Appendix A of this document.  We have reviewed the revisions being
proposed for approval and believe they are consistent with the
applicable requirements of the CAA.  The majority of the revisions are
administrative in nature, stemming from the State’s initiative to
repeal or otherwise modify redundant or incorrect language within the
OAC.  The variety of revisions include recodified portions of the
Oklahoma SIP, deletions of duplicative and outdated rules, and edits
that simplify text and correct errors.

The revisions also incorporate requirements of the Oklahoma Uniform
Environmental Permitting Act (UEPA), which requires that the Oklahoma
Department of Environmental Quality (ODEQ) fit licenses, permits,
certificates, approvals and registrations into a category, or Tier,
established under the uniform environmental permitting rules. The UEPA
was created to streamline the permitting process and is located in
Oklahoma Statute Title 27A Environment and Natural Resources, Chapter 2
Oklahoma Environmental Quality Code, Sections 1 through 12.  Tier I are
administrative decisions made by a technical supervisor without public
participation, aside from the landowner.  Tier II are administrative
decisions made by the Division Director with little public
participation, including notice to the public, the opportunity for a
public meeting and public comment.  Tier III are administrative
decisions made by the Executive Director with extensive public
participation, i.e., an administrative evidentiary hearing.

CAAA 110(l) Analysis  

Section 110(l) of the Clean Air Act requires:

Each revision to an implementation plan submitted by a State under this
Act shall be adopted by such State after reasonable notice and public
hearing. The Administrator shall not approve a revision of a plan if the
revision would interfere with any applicable requirement concerning
attainment and reasonable further progress (as defined in section 171),
or any other applicable requirement of this Act.  We have reviewed the
revisions proposed for approval and find that they are consistent with
the Clean Air Act.

 

 There is no Part 2 for Chapter 4, Subchapter 7.  Parts 5 and 7 do not
apply to air matters and were not submitted to EPA for approval as a SIP
revision.

