[Federal Register Volume 85, Number 1 (Thursday, January 2, 2020)]
[Proposed Rules]
[Pages 54-59]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28329]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0786; FRL-10002-90-Region 6]


Air Plan Approval; Oklahoma; Infrastructure for the 2015 Ozone 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Under the Federal Clean Air Act (CAA or Act), the 
Environmental Protection Agency (EPA) is proposing to approve elements 
of a State Implementation Plan (SIP) submission from the State of 
Oklahoma for the 2015 Ozone (O3) National Ambient Air 
Quality Standard (NAAQS). This submittal addresses how the existing SIP 
provides for implementation, maintenance, and enforcement of the 2015 
O3 NAAQS (infrastructure SIP or i-SIP). The i-SIP ensures 
that the Oklahoma SIP is adequate to meet the state's responsibilities 
under the CAA for this NAAQS.

DATES: Written comments must be received on or before February 3, 2020.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0786, at http://www.regulations.gov or via email 
todd.robert@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 Robert Todd, (214) 665-
2156, todd.robert@epa.gov. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The docket index and publicly available docket materials 
for this action are available electronically at www.regulations.gov and 
in hard copy at the EPA Region 6 Office, 1201 Elm St., Suite 500, 
Dallas, Texas. While all documents in the docket are listed in the 
index, some information may be publicly available only at the hard copy 
location (e.g., copyrighted material), and some may not be publicly 
available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Robert Todd, EPA Region 6 Office, 
Infrastructure & Ozone Section, 1201 Elm Street, Suite 500, Dallas, TX 
75270, 214-665-2156, todd.robert@epa.gov. To inspect the hard copy 
materials, please schedule an appointment with Mr. Todd or Mr. Bill 
Deese at 214-665-7253.

SUPPLEMENTARY INFORMATION: In this document ``we,'' ``us,'' and ``our'' 
means the EPA.

I. Background

    Below is a short discussion of background on the 2015 Ozone NAAQS 
addressed in this action. For more information, please see the 
Technical Support Document (TSD) in the docket for this action.
    Following a periodic review of the 2008 NAAQS for O3, 
EPA revised the primary and secondary O3 NAAQS to 0.070 ppm 
(80 FR 65291, October 26, 2015).\1\ The primary NAAQS is designed to 
protect human health, and the secondary NAAQS is designed to protect 
the public welfare.\2\
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    \1\ Additional information on the history of the NAAQS for ozone 
is available at https://www.epa.gov/ozone-pollution/table-historicalozone-national-ambient-air-quality-standardsnaaqs.
    \2\ Information on ozone formation and health effects is 
available at https://www.epa.gov/ozonepollution.
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    Whenever EPA promulgates a new or revised NAAQS, CAA section 
110(a)(1) requires states to make SIP submissions to provide for the 
implementation, maintenance, and enforcement of the NAAQS. This 
particular type of SIP submission is commonly referred to as an 
``infrastructure SIP'' or ``i-SIP''. These submissions must meet the 
various requirements of CAA section 110(a)(2), as applicable. Due to 
ambiguity in some of the language of CAA section 110(a)(2), EPA 
believes that it is appropriate to interpret these provisions in the 
specific context of acting on infrastructure SIP submissions. EPA has 
previously provided comprehensive guidance on the application of these 
provisions through a guidance document for infrastructure SIP 
submissions and through regional actions on infrastructure 
submissions.\3\ We are following that existing approach in acting on 
this submission. In addition, in the context of acting on such 
infrastructure submissions, EPA evaluates the submitting state's SIP 
for facial compliance with statutory and regulatory requirements, not 
for the state's implementation of its SIP.\4\ The EPA has other 
authority to address any issues concerning a state's implementation of 
the rules, regulations, consent orders, etc. that comprise its SIP.
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    \3\ EPA explains and elaborates on these ambiguities and its 
approach to address them in its September 13, 2013 Infrastructure 
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior 
action on Louisiana's infrastructure SIP to address the 2006 
PM2.5, 2008 PB, 2008 O3, 2010 NO2, 
2010 SO2 and 2012 PM2.5 NAAQS (81 FR 68322 
(October 4, 2016)).
    \4\ See U.S. Court of Appeals for the Ninth Circuit decision in 
Montana Environmental Information Center v. EPA, No. 16-71933 (Aug. 
30, 2018).
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    The State of Oklahoma's i-SIP certification, submitted on October 
25, 2018, provides a demonstration of how the existing Oklahoma SIP 
meets the applicable section 110(a)(2) requirements for the 2015 
O3 NAAQS. Our technical evaluation of the submittal is 
provided in the TSD for this action.\5\
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    \5\ The TSD for this action can be accessed through 
www.regulations.gov (Docket No. EPA-R06-OAR-2018-0786).
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    Each state must submit a SIP within three years after the 
promulgation of a new or revised NAAQS showing how it meets the 
elements of section 110(a)(2) of the CAA. This section of the CAA 
includes a list of specific elements necessary for a state's air 
quality program. We term this SIP an infrastructure SIP or i-SIP. On 
September 13, 2013, the EPA issued guidance addressing the i-SIP 
elements for NAAQS.\6\ On October 25, 2018, the Oklahoma Secretary of 
Energy and the Environment made one submission to address the 2015 
NAAQS for O3.\7\ The

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submittal addressed CAA sections 110(a)(2)(A) through (M).
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    \6\ ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act sections 110(a)(1) and 110(a)(2),'' 
Memorandum from Stephen D. Page, September 13, 2013.
    \7\ Additional information, including the history of the 
priority pollutants, their levels, the forms of the standard and the 
determination of compliance; EPA's approach for reviewing the i-SIP 
submittal and EPA's evaluation; the statute and regulatory citations 
in the Oklahoma SIP specific to the review of this i-SIP, applicable 
CAA and EPA regulatory citations, Federal Register citations for the 
Oklahoma SIP approvals; Oklahoma minor New Source Review program and 
EPA approval activities, and Oklahoma's Prevention of Significant 
Deterioration program can be found in the TSD for this action.
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    We are proposing that CAA section 110(a)(1) and parts of section 
110(a)(2) are met by the State. Specifically, we are proposing to 
approve the state's compliance with CAA sections 110(a)(1) and 
110(a)(2)(A) through (C) and (E) through (M). In this action we are 
also proposing to approve Oklahoma's representations that CAA sections 
110(a)(2)(D)(i)(II), Interference with Prevention of Significant 
Deterioration (often referred to as prong 3) and 110(a)(2)(D)(ii), 
Interstate Pollution Abatement (which refers to CAA section 126) and 
International Air Pollution (which refers to CAA section 115) 
requirements are met. The remaining portions of the October 25, 2018, 
submittal, addressing CAA section 110(a)(2)(D)(i)(I), often referred to 
as prongs 1 and 2, and CAA section 110(a)(2)(D)(i)(II), often referred 
to as prong 4, will be addressed in subsequent actions. A copy of the 
State's entire submittal is provided in the docket for this proposed 
rulemaking.

II. EPA's Evaluation of the Oklahoma 2015 O3 NAAQS Submission

    Below is a summary of our evaluation of the October 25, 2018, 
Oklahoma submittal for each element of 110(a)(2) that we are proposing 
to approve.\8\
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    \8\ A detailed discussion of our evaluation can be found in the 
TSD for this action.
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    (A) Emission limits and other control measures: The SIP must 
include enforceable emission limits and other control measures, means 
or techniques, as well as schedules and timetables for compliance, as 
may be appropriate to meet the applicable requirements of the Act and 
other related matters as needed to implement, maintain and enforce each 
of the NAAQS.\9\
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    \9\ The specific nonattainment area plan requirements of section 
110(a)(2)(I) are subject to the timing requirements of section 172, 
not the timing requirement of section 110(a)(1). Thus, section 
110(a)(2)(A) does not require that states submit regulations or 
emissions limits specifically for attaining the 2015 Ozone NAAQS. 
Those SIP provisions are due as part of each state's attainment plan 
and will be addressed separately from the requirements of section 
110(a)(2)(A). In the context of an infrastructure SIP, EPA is not 
evaluating the existing SIP provisions for this purpose. Instead, 
EPA is only evaluating whether the state's SIP has basic structural 
provisions for the implementation of the NAAQS.
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    The Oklahoma Environmental Quality Act, the Oklahoma Environmental 
Quality Code, the Oklahoma Clean Air Act (OCAA) and other portions of 
the Oklahoma's Administrative Code (OAC), including the rules of 
Practice and Procedure (OAC 252:4) and the Air Pollution Control Rules 
(OAC 252:100) provide the Oklahoma Department of Environmental Quality 
(ODEQ or State) and its staff the legal authority needed to implement, 
maintain and enforce the NAAQS within Oklahoma. They may adopt emission 
standards and compliance schedules applicable to regulated entities; 
emission standards and limitations and any other measures necessary for 
attainment and maintenance of national standards; and enforce 
applicable laws, regulations, standards and compliance schedules, and 
seek injunctive relief. This authority has been employed in the past to 
adopt and submit multiple revisions to the Oklahoma SIP. The federally-
approved SIP for Oklahoma is documented at 40 CFR part 52.1920. The 
State's air quality rules and standards are codified at Title 252 of 
the Oklahoma Administrative Code (denoted here as OAC 252). Numerous 
parts of these regulations necessary for implementing and enforcing the 
NAAQS have been already been adopted into the SIP. (See the TSD to this 
proposal for a thorough discussion of the State's authorities.)
    (B) Ambient air quality monitoring/data system: The SIP must 
provide for establishment and implementation of ambient air quality 
monitors, collection and analysis of ambient air quality data, and 
providing such data to EPA upon request.
    The Oklahoma Clean Air Act provides the authority allowing the ODEQ 
to collect air monitoring data, quality-assure the results, and report 
the data. ODEQ maintains and operates a monitoring network to measure 
levels of ozone, as well as other pollutants, in accordance with EPA 
regulations specifying siting and monitoring requirements. All 
monitoring data is measured using EPA approved methods and subject to 
the EPA quality assurance requirements. ODEQ submits all required data 
to us, following the EPA regulations. The Oklahoma statewide monitoring 
network was approved into the SIP on May 31, 1972 (37 FR 10842, 10887), 
was revised on March 28, 1979 (44 FR 18490), and it undergoes annual 
review by EPA.\10\ In addition, ODEQ submits an assessment of its 
monitoring network every five years, as required by EPA rules. The most 
recent of these annual monitoring network assessments was submitted by 
ODEQ and approved by us October 15, 2018. The most recent of the five 
year monitoring assessments was submitted by ODEQ and approved by us 
July 22, 2016. The ODEQ website provides the monitor locations and 
posts past and current concentrations of criteria pollutants measured 
by the State's network of monitors.\11\
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    \10\ A copy of the 2018 Annual Air Monitoring Network Plan and 
our approval letter, as well as the most recent five year assessment 
and approval letter, are included in the docket for this proposed 
rulemaking.
    \11\ See https://www.deq.ok.gov/air-quality-division/ambient-monitoring/.
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    (C) Program for enforcement of control measures: The SIP must 
include the following three elements: (1) A program providing for 
enforcement of the measures in CAA section 110(a)(2)(A); (2) a minor 
new source review (NSR) program for the regulation of new and modified 
minor stationary sources and minor modifications of new major 
stationary sources as necessary to protect the applicable NAAQS; and 
(3) a major stationary source permit program to meet the prevention of 
significant deterioration (PSD) permitting requirements of the CAA (for 
areas designated as attainment or unclassifiable for the NAAQS in 
question). Each of these elements is described in more detail in the 
TSD for this action.
    (1) Enforcement of SIP measures: The state must provide a program 
for enforcement of the necessary control measures described in 
subparagraph (A). As noted earlier, the OCAA provides authority for the 
ODEQ, and its Executive Director, to enforce the requirements of the 
OCAA, and any regulations, permits, or final compliance orders. These 
statutes also provide the ODEQ with general enforcement powers. Among 
other things, they can file lawsuits to compel compliance with the 
statutes and regulations; commence civil actions; conduct 
investigations of regulated entities; collect criminal and civil 
penalties; develop and enforce rules and standards related to 
protection of air quality; issue compliance orders; pursue criminal 
prosecutions; investigate, enter into remediation agreements; and issue 
emergency cease and desist orders. The OCAA also provides additional 
enforcement authorities and funding mechanisms.
    (2) Minor New Source Review (NSR). The SIP is required to include 
measures to regulate construction and modification of minor stationary 
sources and minor modifications to major stationary sources to protect 
the NAAQS. The Oklahoma minor NSR permitting requirements are approved 
as part of the SIP.\12\
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    \12\ EPA is not proposing in this action to approve or 
disapprove the existing Oklahoma minor NSR program to the extent 
that it may be inconsistent with EPA's regulations governing this 
program. EPA has maintained that the CAA does not require that new 
infrastructure SIP submissions correct any defects in existing EPA-
approved provisions of minor NSR programs for EPA to approve the 
infrastructure SIP for element C, program for enforcement of control 
measures (e.g., 76 FR 41076-41079). The statutory requirements of 
section 110(a)(2)(C) of the Act provide for considerable flexibility 
in designing minor NSR programs. See the TSD for more information.

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    (3) PSD permit program for major stationary sources. The Oklahoma 
PSD portion of the SIP covers all NSR regulated pollutants as well as 
the requirements for the 2015 O3 NAAQS. However, in order 
for the State's PSD permitting program to fully meet the requirements 
of 110(a)(2)(C)(3), our recent proposal to approve the state's adoption 
by reference of the Guideline to Air Quality Models, 2017 Appendix W, 
40 CFR part 51, must be approved. We proposed to approve the updated 
version of Oklahoma's PSD program December 3, 2019.\13\
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    \13\ For details of our proposed action, please see 84 FR 66103, 
December 3, 2019 and the materials provided in the associated docket 
number EPA-R06-OAR-2018-0208 available at https://www.regulations.gov/.
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    (D) Interstate and international transport: The requirements for 
interstate transport of O3 emissions are that the SIP 
contain adequate provisions prohibiting O3 emission 
transport to other states which will (1) contribute significantly to 
nonattainment of the NAAQS, (2) interfere with maintenance of the 
NAAQS, (3) interfere with measures required to prevent significant 
deterioration or (4) interfere with measures to protect visibility (CAA 
110(a)(2)(D)(i)). In addition, states must comply with requirements to 
prevent transport of international air pollution (CAA section 
110(a)(2)(D)(ii)). As noted earlier, EPA often refers to these four 
requirements within CAA section 110(a)(2)(D)(i) as prongs or sub-
elements. We are not evaluating prongs 1, 2, and 4 in this rulemaking 
action, but will address them in separate actions. However, we are 
proposing to approve prong 3 of CAA section 110(a)(2)(D)(i), pertaining 
to interference with measures to prevent significant deterioration in 
other states for O3. Oklahoma has a SIP-approved PSD program 
that regulates all NSR pollutants, and thus, prevents significant 
deterioration in nearby states. See the TSD for more detail.
    Section 110(a)(2)(D)(ii) of the CAA requires SIPs to include 
adequate provisions to ensure compliance with sections 115 and 126 of 
the Act, relating to international and interstate pollution abatement. 
Section 115 of the Act addresses endangerment of public health or 
welfare in foreign countries from pollution emitted in the United 
States. There are no final findings by the EPA that Oklahoma air 
emissions affect other countries. Section 126(a) of the Act requires 
new or modified sources to notify neighboring states of potential 
impacts from such sources. The Oklahoma SIP requires that each major 
proposed new or modified source provide such notification.\14\ The 
State also has no pending obligations under CAA section 126. See the 
TSD for more detail.
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    \14\ See EPA docket number EPA-R06-OAR-2018-0208.
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    (E) Adequate authority, resources, implementation, and oversight: 
The SIP must provide for the following: (1) Necessary assurances that 
the state (and other entities within the state responsible for 
implementing the SIP) will have adequate personnel, funding, and 
authority under state or local law to implement the SIP, and that there 
are no legal impediments to such implementation; (2) requirements 
relating to state boards; and (3) necessary assurances that the state 
has responsibility for ensuring adequate implementation of any plan 
provision for which it relies on local governments or other entities to 
carry out that portion of the plan. Both elements (A) and (E) address 
the requirement that there is adequate authority to implement and 
enforce the SIP and that there are no legal impediments. The i-SIP 
submission for the 2015 O3 NAAQS describes the SIP 
regulations governing the various functions of personnel within the 
ODEQ, including the administrative, technical support, planning, 
enforcement, and permitting functions of the program. With respect to 
funding, state law establishes the ODEQ's authority to accept and 
expend funds necessary to carry out the requirements of the Act. The 
ODEQ receives air quality program funds through state appropriations, 
permit application fees, annual operating fees, and federal grants. As 
required by the CAA, the Oklahoma Environmental Quality Code lays out 
the composition, powers and duties of the state's Environmental Quality 
Board and the Air Quality Council. The members of the board and council 
are required to abide by conflict of interest provisions for DEQ staff 
and the DEQ Executive Director as described in the state's statutes. 
The requirement to comply with the section 128 (State boards) of the 
Act is met.\15\ With respect to assurances that the State has 
responsibility to implement the SIP adequately when it authorizes local 
or other agencies to carry out portions of the plan, the ODEQ is the 
primary air pollution control agency and does not rely on local or 
regional boards to implement any portion of the portion of the state's 
air quality implementation plan. More detail is provided in the TSD for 
this action.
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    \15\ Last approved by EPA at 81 FR 89008, December 9, 2016.
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    (F) Stationary source monitoring system: The SIP must provide for 
the establishment of a system to monitor emissions from stationary 
sources and to submit periodic emission reports. It must require the 
installation, maintenance, and replacement of equipment, and the 
implementation of other necessary steps, by owners or operators of 
stationary sources, to monitor emissions from such sources. The SIP 
shall also require periodic reports on the nature and amounts of 
emissions and emissions-related data from such sources and require that 
the state correlate the source reports with emission limitations or 
standards established under the CAA. These reports must be made 
available for public inspection at reasonable times. The OCAA 
authorizes the ODEQ to require persons engaged in operations which 
result in air pollution to monitor or test emissions and to file 
reports containing information relating to the nature and amount of 
emissions. There also are SIP-approved state regulations pertaining to 
sampling and testing and requirements for reporting of emissions 
inventories. In addition, SIP-approved rules establish general 
requirements for maintaining records and reporting emissions. The ODEQ 
uses this information, in addition to information obtained from other 
sources, to track progress towards maintaining the NAAQS, developing 
control and maintenance strategies, identifying sources and general 
emission levels and determining compliance with SIP-approved 
regulations and additional EPA requirements. The SIP requires this 
information be made available to the public. Provisions concerning the 
handling of confidential data and proprietary business information are 
included in the SIP-approved regulations. These rules specifically 
exclude from confidential treatment any records concerning the nature 
and amount of emissions reported by sources. More detail and links to 
Oklahoma's emissions data are provided in the TSD for this action.
    (G) Emergency authority: The SIP must provide for authority to 
address activities causing imminent and substantial endangerment to 
public health or welfare or the environment and to include contingency 
plans to implement such authorities as necessary. The OCAA provides 
ODEQ with authority to address environmental emergencies, and ODEQ has 
an ``emergency episode plan,'' which

[[Page 57]]

includes contingency plans which are included in the SIP (56 FR 5656, 
February 2, 1991). The ODEQ has authority to respond to possible 
dangerous ozone air pollution episodes if necessary to protect the 
environment and public health.
    (H) Future SIP revisions: States must have the authority to revise 
their SIPs in response to changes in the NAAQS, availability of 
improved methods for attaining the NAAQS, or in response to an EPA 
finding that the SIP is substantially inadequate to attain the NAAQS. 
The OCAA authorizes the ODEQ to revise the SIP, as necessary, to 
account for revisions of an existing NAAQS, establishment of a new 
NAAQS, to attain and maintain a NAAQS, to abate air pollution, to adopt 
more effective methods of attaining a NAAQS, and to respond to EPA SIP 
calls concerning NAAQS adoption or implementation.
    (I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that 
in the case of a plan or plan revision for areas designated as 
nonattainment, states must meet applicable requirements of part D of 
the CAA, relating to SIP requirements for designated nonattainment 
areas. EPA does not expect infrastructure SIP submissions to address 
CAA section 110(a)(2)(I). The specific SIP submissions for designated 
nonattainment areas, as required under CAA title I, part D, are subject 
to different submission schedules than those for section 110 
infrastructure elements. Instead, EPA will act on any part D 
nonattainment plan SIP submissions through a separate rulemaking 
process governed by the requirements for nonattainment areas, as 
described in part D.\16\
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    \16\ Oklahoma does not presently have any designated ozone 
nonattainment areas.
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    (J) Consultation with government officials, public notification, 
PSD and visibility protection: The SIP must meet the following three 
CAA requirements: (1) Section 121, relating to interagency consultation 
regarding certain CAA requirements; (2) section 127, relating to public 
notification of NAAQS exceedances and related issues; (3) prevention of 
significant deterioration of air quality; and (4) visibility 
protection.
    (1) Interagency consultation: As required by the OCAA, there must 
be a public hearing before the adoption of any regulations or emission 
control requirements, and all interested persons are given a reasonable 
opportunity to review the action that is being proposed and to submit 
data or arguments, either orally or in writing, and to examine the 
testimony of witnesses from the public hearing. In addition, the OCAA 
provides the ODEQ the power and duty to advise, consult, and cooperate 
with other agencies of the State, towns, cities, counties, other 
states, the federal government and other interested persons or groups 
in regard to matters of common interest in the field of air quality 
control. Furthermore, the Oklahoma PSD SIP rules mandate that the ODEQ 
shall provide for public participation and notification regarding 
permitting applications to any other state or local air pollution 
control agencies, local government officials of the city or county 
where the source will be located, tribal authorities, and Federal Land 
Manager (FLMs) whose lands may be affected by emissions from the source 
or modification. Additionally, the State's PSD SIP rules require the 
ODEQ to consult with FLMs regarding permit applications for sources 
with the potential to impact Class I Federal Areas. The SIP also 
includes a commitment to consult, as required, with the FLMs on the 
review and implementation of the visibility program. The State 
recognizes the expertise of the FLMs in monitoring and new source 
review applicability analyses for visibility and has agreed to notify 
the FLMs of any advance notification or early consultation with a new 
or modifying source prior to the submission of a permit application.
    (2) Public Notification: ODEQ regularly notifies the public of 
instances or areas in which any NAAQS are exceeded. Included in the SIP 
are the rules for ODEQ to advise the public of the health hazard 
associated with such exceedances; and enhance public awareness of 
measures that can prevent such exceedances and of ways in which the 
public can participate in the regulatory and other efforts to improve 
air quality. In addition, as discussed earlier for CAA section 
110(a)(2)(B), the ODEQ air monitoring website provides air quality data 
for each of the monitoring stations in Oklahoma; this data is provided 
in real time for certain pollutants, such as ozone. The website also 
provides information on the health effects of lead, ozone, particulate 
matter, and other criteria pollutants.
    (3) PSD: The PSD requirements for this sub-element are the same as 
those addressed earlier under CAA section 110(a)(2)(C), Program for 
enforcement of control measures. The State has a SIP-approved PSD 
program. This requirement is met.\17\
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    \17\ For details of our recent proposed action to update the 
state SIP with regard to PSD, please see 84 FR 66103, December 3, 
2019 and the materials provided in the associated docket number EPA-
R06-OAR-2018-0208 available at https://www.regulations.gov/.
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    (4) Visibility Protection: The ODEQ SIP requirements relating to 
visibility protection are not affected when EPA establishes or revises 
a NAAQS. Therefore, EPA believes that there are no new visibility 
protection requirements due to the revision of the NAAQS, and 
consequently there are no newly applicable visibility protection 
obligations pursuant to CAA section 110(a)(2)(J).
    (K) Air quality and modeling/data: The SIP must provide for 
performing air quality modeling, as prescribed by EPA, to predict the 
effects on ambient air quality of any emissions of any NAAQS pollutant, 
and for submission of such data to EPA upon request.
    The ODEQ has the power and duty, under OCAA to conduct air quality 
research and assessments, including the causes, effects, prevention, 
control and abatement of air pollution. Past modeling and emissions 
reductions measures have been submitted by the State and approved into 
the SIP. Additionally, ODEQ can perform modeling for primary and 
secondary NAAQS on a case-by-case permit basis consistent with their 
SIP approved PSD rules and with EPA guidance.\18\
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    \18\ Note that our recent proposed action to update the state 
SIP included citations adopting the most current version of EPA's 
Guideline on Air Quality Models at 40 CFR part 51, 2017 Appendix W. 
See 84 FR 66103.
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    The OCAA authorizes and empowers the ODEQ to cooperate with the 
federal government and local authorities concerning matters of common 
interest in the field of air quality control, thereby allowing the 
agency to make such submissions to the EPA.
    (L) Permitting Fees: The SIP must require each major stationary 
source to pay permitting fees to the permitting authority, as a 
condition of any permit required under the CAA, to cover the cost of 
reviewing and acting upon any application for such a permit, and, if 
the permit is issued, the costs of implementing and enforcing the terms 
of the permit. The fee requirement applies until a fee program 
established by the state pursuant to Title V of the CAA, relating to 
operating permits, is approved by EPA.
    With respect to funding, the OCAA and the SIP provide the ODEQ with 
authority to hire. The EPA conducts periodic program reviews to ensure 
that the state has adequate resources and funding to, among other 
things, implement and enforce the SIP.
    Oklahoma's statutes authorize ODEQ ``to promulgate rules regarding 
permit fees and . . . establish that the owner or

[[Page 58]]

operator of any source required to have a permit must pay a permit fee 
to cover the cost of implementing and enforcing Oklahoma's Air Qualtiy 
permit program.'' The OCAA provides the ODEQ with authority to hire and 
compensate employees; accept and administer grants or other funds; 
requires the ODEQ to establish an emissions fee schedule for sources in 
order to fund the reasonable costs of administering various air 
pollution control programs; and authorizes the ODEQ to collect 
additional fees necessary to cover reasonable costs associated with 
processing air permit applications and the costs of implementing and 
enforcing the terms and provisions of the permits. The state has in 
place fee programs for major and minor sources of air pollution, as 
well as an area source operating fee program that covers other sources 
in the state. This requirement is met.\19\
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    \19\ Last approved by EPA at 81 FR 89008, December 9, 2016.
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    (M) Consultation/participation by affected local entities: The SIP 
must provide for consultation and participation by local political 
subdivisions affected by the SIP.
    See the earlier discussions for CAA sections 110(a)(2)(J), sub-
elements (1) and (2) for a description of the SIP's public 
participation process, the authority to advise and consult, and the PSD 
SIP's public participation requirements. Additionally, the OCAA 
requires cooperative action between ODEQ and local authorities, other 
agencies of the State, other states, Indian Tribes, other affected 
groups and the federal government in the prevention and control of air 
pollution.

III. Proposed Action

    EPA is proposing to approve portions of the October 25, 2018, 
Oklahoma i-SIP submittal for the 2015 ozone NAAQS as detailed in Table 
1, below. The portions of the submittal dealing with CAA section 
110(a)(2)(D)(i)(I), prongs 1 and 2, Significant Contribution to 
Nonattainment and Interference with Maintenance in other States, and 
CAA section 110(a)(2)(D)(i)(II), prong 4, Interference with Visibility 
Protection in other States will be addressed in separate, future 
actions.

  Table 1--Proposed Action on Oklahoma Infrastructure and Transport SIP
                   Submittals for the 2015 Ozone NAAQS
------------------------------------------------------------------------
                       Element                          Proposed action
------------------------------------------------------------------------
(A): Emission limits and other control measures.....                  A
(B): Ambient air quality monitoring and data system.                  A
(C)(i): Enforcement of SIP measures.................                  A
(C)(ii):PSD program for major sources and major                       A
 modifications......................................
(C)(iii): Permitting program for minor sources and                    A
 minor modifications................................
(D)(i)(I): Contribute to nonattainment/interfere                     SA
 with maintenance of NAAQS (prongs 1 and 2).........
(D)(i)(II): PSD (prong 3)...........................                  A
(D)(i)(II): Visibility Protection (prong 4).........                 SA
(D)(ii): Interstate and International Pollution                       A
 Abatement..........................................
(E)(i): Adequate resources..........................                  A
(E)(ii): State boards...............................                  A
(E)(iii): Necessary assurances with respect to local                  A
 agencies...........................................
(F): Stationary source monitoring system............                  A
(G): Emergency power................................                  A
(H): Future SIP revisions...........................                  A
(I): Nonattainment area plan or plan revisions under                  +
 part D.............................................
(J)(i): Consultation with government officials......                  A
(J)(ii): Public notification........................                  A
(J)(iii): PSD.......................................                  A
(J)(iv): Visibility protection......................                  +
(K): Air quality modeling and data..................                  A
(L): Permitting fees................................                  A
(M): Consultation and participation by affected                       A
 local entities.....................................
------------------------------------------------------------------------
Key to Table 1:
A: Proposing to Approve.
+: Not germane to infrastructure SIPs.
SA: EPA is acting on this infrastructure requirement in a separate
  rulemaking action.

    Based upon review of the State's infrastructure SIP submission and 
relevant statutory and regulatory authorities and provisions referenced 
in this submission or referenced in the EPA-approved ODEQ SIP, EPA 
believes that Oklahoma has the infrastructure in place to address all 
applicable required elements of CAA sections 110(a)(1) and (2), except 
as noted above, to ensure that the 2015 O3 NAAQS is 
implemented in the State. However, as mentioned above, our approval of 
this proposed action is dependent upon finalization of our proposal to 
approve updates to Oklahoma's new source review permitting 
requirements. (see 84 FR 66103, December 3, 2019).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);

[[Page 59]]

     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the proposed 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone.

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

    Dated: December 23, 2019.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2019-28329 Filed 12-31-19; 8:45 am]
BILLING CODE 6560-50-P


