
[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]


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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.

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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 paige.carrie@epa.gov. 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, paige.carrie@epa.gov. 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, 
paige.carrie@epa.gov. 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\
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    \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.
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    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.
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    \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.
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    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.
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    \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.
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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.
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    \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.
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    (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\
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    \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.
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    (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\
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    \9\ See TSD, beginning on page 6.
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    (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\
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    \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.
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    (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\
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    \11\ See 79 FR 66626, November 10, 2014 and the TSD for further 
discussion.
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    (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\
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    \12\ Both sources are located in the Tulsa area; see the FY2016 
Oklahoma annual network monitoring plan in the docket for this 
rulemaking.
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    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.
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    \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.
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    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.

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    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.
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    \15\ A list of such rules and SIP approval dates are provided in 
Table 4 of the TSD.
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    (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


