
[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Proposed Rules]
[Pages 83184-83189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27924]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0142; FRL-9954-66-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
Oklahoma; Infrastructure and Interstate Transport for the 2012 Fine 
Particulate Matter and Interstate Transport for the 2010 Sulfur Dioxide 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve and disapprove elements of State Implementation Plan (SIP) 
submissions from the State of Oklahoma for the 2012 Fine Particulate 
Matter (PM2.5) National Ambient Air Quality Standard (NAAQS 
or standard) and the 2010 Sulfur Dioxide (SO2) NAAQS. The 
2012 PM2.5 submission addresses how the existing SIP 
provides for implementation, maintenance, and enforcement of this NAAQS 
(infrastructure SIP or i-SIP). The i-SIP ensures that the Oklahoma SIP 
is adequate to meet the State's responsibilities under the Federal 
Clean Air Act (CAA). The majority of the 2010 SO2 submission 
was addressed in a separate rulemaking, only the visibility component 
listed in 110(a)(2)(D)(i)(II) is being addressed in this action.
    We are proposing to disapprove the visibility component of 
110(a)(2)(D)(i)(II), often referred to as prong 4. We are also 
proposing to disapprove the portion of the January 28, 2015 SIP 
submission from Oklahoma for the 2010 Sulfur Dioxide (SO2) 
NAAQS only as it addresses Section 110(a)(2)(D)(i)(II) for visibility 
protection.

DATES: Written comments must be received on or before December 21, 
2016.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0142, at http://www.regulations.gov or via email to 
Donaldson.tracie@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 Tracie Donaldson, (214) 
665-6633, Donaldson.tracie@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: Tracie Donaldson, 214-665-6633, 
Donaldson.tracie@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

    On October 17, 2006, following a periodic review of the NAAQS for 
PM2.5, EPA revised the PM2.5 NAAQS. The 24-hour 
standard was revised to 35 micrograms per cubic meter ([micro]g/m3), 
and the annual standard was revised to 15 [micro]g/m3 (71 FR 61144). On 
December 14, 2012, we promulgated a revised

[[Page 83185]]

primary annual PM2.5 NAAQS (78 FR 3086). The primary annual 
standard was revised to 12.0 [micro]g/m3, and we retained the 24-hour 
PM2.5 standard of 35 [micro]g/m3 (78 FR 3086). For more 
information on this standard, please visit https://www.epa.gov/criteria-air-pollutants. Oklahoma submitted an i-SIP revision on June 
16, 2016 to address this revised NAAQS.
    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 (75 FR 35520).
    Pursuant to section 110(a)(1) of the CAA, states are required to 
submit i-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 i-SIPs must include to adequately address 
such new or revised NAAQS, as applicable. In an effort to assist states 
in complying with this requirement, EPA issued guidance addressing the 
i-SIP.
    Our technical evaluation of the Oklahoma 2012 PM2.5 
submittal is provided in the Technical Support Document (TSD), which is 
in the docket for this rulemaking.\1\ Section 110(a)(2)(D)(i)(I), which 
addresses the contribution to nonattainment and interference with 
maintenance of the 2012 PM2.5 NAAQS in other states; was not 
included in this submittal and will be addressed by Oklahoma in a 
separate submittal.
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    \1\ 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 PM2.5 i-SIP and 
Interstate Transport Submittals

    The State's submittal on June 16, 2016 demonstrates how the 
existing Oklahoma SIP meets the infrastructure requirements for the 
2012 PM2.5 NAAQS. A summary of our evaluation of the 
Oklahoma SIP for each applicable element of CAA section 110(a)(2)(A)-
(M) follows.
    (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.\2\ 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; adopt other 
measures necessary for attainment and maintenance of the NAAQS; enforce 
applicable laws, regulations, standards and compliance schedules; and 
seek injunctive relief.\3\ 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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    \2\ 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.
    \3\ Please see the TSD for our complete analysis and citations 
to the specific provisions.
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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.\4\ 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 in accordance 
with EPA regulations. The monitoring network was approved into the SIP 
and undergoes annual review by EPA.\5\ 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.\6\ 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.\7\
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    \4\ Please see the TSD for our complete analysis and citations 
to the specific provisions.
    \5\ A copy of the 2016 Annual Air Monitoring Network Plan and 
EPA's approval letter are included in the docket for this proposed 
rulemaking.
    \6\ A copy of the ODEQ's 5-year monitoring network assessment 
and EPA's evaluation are included in the docket for this proposed 
rulemaking.
    \7\ 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).\8\
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    \8\ 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.\9\
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    \9\ Please see the TSD for our complete analysis and citations 
to the specific provisions.
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    (2) Minor New Source Review (NSR). The CAA requires the SIP to 
include measures to regulate construction and modification of 
stationary sources to

[[Page 83186]]

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)).
    At this time ODEQ has not submitted the infrastructure submittal 
regarding the prevention of emissions which significantly contribute to 
nonattainment of the PM2.5 NAAQS in other states, and 
interference with the maintenance of the PM2.5 NAAQS in 
other states (110(a)(2)(D)(i)(I)). We are taking action on the portion 
of the submittal addressing prevention of significant deterioration in 
other states and on visibility protection (110(a)(2)(D)(i)(II)). 
Section 110(a)(2)(D)(i)(II) consists of two provisions, prohibiting 
emissions which will interfere with measures required to be included in 
the SIP for any other State to prevent significant deterioration of (1) 
air quality and (2) protect visibility. Oklahoma has an approved PSD 
program which satisfies (1) above. The program regulates all NSR 
pollutants, including GHG, which prevents significant deterioration in 
nearby states.
    We find that Oklahoma has not included measures that conform to the 
mutually agreed upon regional haze reasonable progress goals. A FIP 
cannot be relied upon to satisfy this requirement.\12\ We are proposing 
to disapprove this sub-element (often referred to as prong 4) of the i-
SIP submission (110(a)(2)(D)(i)(II)) for visibility protection.
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    \12\ We finalized a Federal Implementation Plan (FIP) that in 
combination with the controls required by the portion of the 
Oklahoma 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. 76 FR 81728 (December 28, 2011). As explained in the i-SIP 
guidance, ``it is the EPA's interpretation of sections 110(a)(1) and 
110(a)(2) that the EPA cannot give `credit' for the FIP when 
determining whether an agency'' has met its obligations under these 
sections. Therefore, while the FIP provides an appropriate level of 
PM2.5 control, the SIP does not and thus our proposal to 
disapprove for the visibility prong only.
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    (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. See the OCAA and 27A O.S. 2-5-105.
    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. 
See 27A O.S. 2-3-101 (addressing staff) and 27A O.S. 2-3-201 
(addressing the Executive Director).
    Oklahoma has not delegated authority to implement any of the 
provisions of its plan to local governmental entities--the ODEQ acts as 
the primary air pollution control agency.
    (F) Stationary source monitoring system: The SIP must provide for 
the establishment of a system to monitor emissions from stationary 
sources and to submit periodic emission reports. It must require the 
installation, maintenance, and replacement of equipment, and the 
implementation of other necessary steps, by owners or operators of 
stationary sources, to monitor emissions from sources. The SIP shall 
also require periodic reports on the nature and amounts of emissions 
and emissions-related data from sources, and require that the state 
correlate the source reports with emission limitations or standards 
established under the CAA. These reports must be made available for 
public inspection at reasonable times.

[[Page 83187]]

    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.\13\ 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. Please see the Table 4 in the TSD for the specific 
relevant state regulations.
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    \13\ 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 (56 FR 5656). 
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.\14\
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    \14\ Please see the TSD for our complete analysis and citations 
to the specific provisions.
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    (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 for 
PM2.5 in Oklahoma. In addition, 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 required for 
section 110 infrastructure elements. 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) The interagency consultation requirements found 
in section 121; (2) the public notification requirements found in 
section 127; 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.\15\ 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.
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    \15\ Please see the TSD for our complete analysis and citations 
to the specific provisions.
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    (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 
PM2.5 NAAQS in 2012, 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

[[Page 83188]]

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 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.\16\
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    \16\ Please see the TSD for our complete analysis and citations 
to the specific provisions.
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    (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. Regulation 1.4.1(d) of the Oklahoma 
Air Pollution Control Regulations provides for permit fees, and was 
approved by EPA into the Oklahoma SIP on August 25, 1983 (48 FR 38635). 
The Oklahoma SIP also addresses annual operating fees at OAC 100-5 (see 
75 FR 72695).
    (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 proposed 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. EPA's Evaluation of the Oklahoma SO2 Interstate 
Transport Submittal

    (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)).
    States can satisfy the requirement to prevent interference with 
another state's measures to protect visibility by having an EPA 
approved Regional Haze Program in place. State agencies may also 
``elect to satisfy prong 4 by providing, as an alternative to relying 
on its regional haze SIP alone, a demonstration in its infrastructure 
SIP submission that emissions within its jurisdiction do not interfere 
with other air agencies' plans to protect visibility.'' \17\ Oklahoma 
did not include such a demonstration with its i-SIP submittal. On 
December 28, 2011, we finalized a Federal Implementation Plan (FIP) 
that in combination with the controls required by the portion of the 
Oklahoma 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 (76 
FR 81728). On March 7, 2014, we withdrew the Oklahoma RH and Interstate 
Transport FIPs' applicability to two units,\18\ but the FIP provisions 
applicable to Oklahoma Gas and Electric's Muscogee and Sooner plants 
remain in place (79 FR 12954). As explained in the i-SIP guidance, ``it 
is the EPA's interpretation of sections 110(a)(1) and 110(a)(2) that 
the EPA cannot give `credit' for the FIP when determining whether an 
agency'' has met its obligations under these sections.
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    \17\ Guidance on Infrastructure State Implementation Plans (SIP) 
Elements Under Clean Air Act Sections 110(a)(1) and 110(a)(2). 
September 13, 2013, p. 34.
    \18\ These are Units 3 and 4 of the Northeastern Power Station 
in Rogers County, Oklahoma, which is operated by the American 
Electric Power/Public Service Company of Oklahoma.
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    Therefore, while the FIP provides an appropriate level of 
SO2 control, the SIP does not and thus our proposal to 
disapprove for the visibility prong only.

IV. Proposed Action

    EPA is proposing to partially approve and partially disapprove the 
June 16, 2016, infrastructure SIP submission from Oklahoma, which 
addresses the requirements of CAA sections 110(a)(1) and (2) as 
applicable to the 2012 PM2.5 NAAQS.
    Based upon review of this infrastructure SIP submission 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 the following 
required elements of sections 110(a)(1) and (2) to ensure that the 2012 
PM2.5 NAAQS are implemented in the State:
    Sections 110(a)(2)(A), (B), (C), (D)(i)(II) for interference with 
PSD, (D)(ii), (E)(i), (E)(ii), (F), (G), (H), (J), (K), (L) and (M).
    We are not proposing to approve Interstate transport provisions 
(prongs 1&2): Section 110(a)(2)(D)(i)(I) which were not included in 
this submission.
    We are proposing to disapprove the Interstate transport provisions 
for visibility protection (prong 4): Section 110(a)(2)(D)(i)(II).
    We are also proposing to disapprove the January 28, 2015 SIP 
submission from Oklahoma for the 2010 Sulfur Dioxide (SO2) 
NAAQS only as it addresses Section 110(a)(2)(D)(i)(II) for visibility 
protection (prong 4).

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget for 
review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. There is no burden imposed under the PRA because this action 
merely proposes to approve i-SIP provisions that are consistent with 
the CAA and disapprove i-SIP provisions that are inconsistent with the 
CAA.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action merely proposes to approve i-SIP provisions that are consistent 
with the CAA and disapprove i-SIP provisions that are inconsistent with 
the CAA; therefore this action will not impose any requirements on 
small entities.

[[Page 83189]]

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector. This action merely 
proposes to approve i-SIP provisions that are consistent with the CAA 
and disapprove i-SIP provisions that are inconsistent with the CAA; and 
therefore will have no impact on small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. This action does not apply on any Indian 
reservation land, any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction, or non-reservation areas of 
Indian country. Thus, Executive Order 13175 does not apply to this 
action.

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

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it merely proposes to disapprove a SIP 
submission as not meeting the CAA.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations. This action merely proposes to approve i-SIP 
provisions that are consistent with the CAA and disapprove i-SIP 
provisions that are inconsistent with the CAA.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Interstate transport of 
pollution, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.

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

    Dated: November 15, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-27924 Filed 11-18-16; 8:45 am]
 BILLING CODE 6560-50-P


