Michael J Teague 

Secretary of Energy & Environment 

February 28,2014 

STATE OF OKLAHOMA 

OFFICE OF THE 

SECRETARY OF ENERGY & ENVIRONMENT 

Ron Curry, Regional Administrator (6RA) 

U.S. Environmental Protection Agency - Region VI 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Mary Fallin 

Governor 

Subject: Oklahoma's Certification of SIP Elements for the 20 I 0 Primary N02 NAAQS under 

Clean Air Act Sections 110(a)(l) and (2) 

Dear Administrator Curry: 

In a letter dated September 24, 2013 Governor Mary Failin appointed me as her designee for the 

purpose of submitting documents to the U.S. Environmental Protection Agency (EPA) for 

approval and incorporation into the State Implementation Plan (SIP) for the State of Oklahoma. 

The Oklahoma Department of Environmental Quality (DEQ) is given the primary responsibility 

and authority to prepare and implement the state's air quality management plan under Oklahoma 

Statutes. 

Sections l!O(a)(l)and (2) of the federal Clean Air Act require that each state review and revise as 

necessary its SIP following promulgation of new or revised National Ambient Air Quality 

Standards (NAAQS) [See U.S.C. § 7410(a)(1) and (2)]. On January 22, 2010, the EPA 

administrator signed the Primary National Ambient Air Quality Standards for Nitrogen Dioxide 

(75 FR 6474, February 9, 2010]. EPA subsequently issued the "Guidance on Infrastructure State 

Implementation Plan (SIP) Elements under Clean Air Act Sections 11 O(a)( 1) and llO(a)(2)" dated 

September 2013. Under this guidance, states may certifY that their existing SIPs meet the 

"infrastructure" elements of§ 1 1 O(a)(2), rather than submitting a revised SIP for the Primary N02 

NAAQS. 

Oklahoma's SIP is codified in 40 CFR Part 52, Subpart LL. On behalf of the State of Oklahoma, I 

hereby certify that, as indicated in the enclosed table titled "Oklahoma's State Implementation Plan 

(SIP) Submittal 'Infrastructure' Checklist," Oklahoma's SIP meets the infrastructure obligations for 

the 2010 Primary N02 standard. To date, the only program changes required to meet the revised 

20 I 0 N02 NAAQS have been the modification of the ambient air quality monitoring network to 

include a near road N02 monitor [CAA § IIO(a)(2)(B)] and a revision to Appendix E of OAC 

252: I 00, to add the new primary !-hour N02 standard [CAA § II O(a)(2)(H)]. 

State public participation procedures for such SIP submittals were submitted to EPA for review 

under 40 CFR § 51.102. In a letter dated August 23, 2012, EPA concurred that Oklahoma's 

procedures are consistent with the requirements of 40 CFR § 51.102 and associated guidance. 

Public notice for this submittal was posted on DEQ's web site on January 15, 2014, to allow the 

opportunity to provide comments and to request a public hearing preliminarily scheduled for 

100 N. BROADWAY, SUITE 2350 • OKLAHOMA CITY, OK 73102 • 405-285-9213 • FAX 405-285-9212 
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February 19, 2014 at DEQ's offices. No hearing requests were received during the comment period 

(1/15/14- 2/14/14). Therefore, a notice of hearing cancellation was posted before 10:00 a.m. on 

February 18, 2014. Attached is documentation of this public notice and submittal process. No 

comments were received during the comment period; therefore, no Response to Comments 

document was prepared. It is our understanding that the final results of EPA's review of this 

submittal will be determined through rulemaking and will be published in the Federal Register. 

Note that this letter and its supporting documentation do not address§ II O(a)(2)(1), which pertains 

to the nonattainment planning requirements of Title I, Part D of the Clean Air Act and is not 

governed by the three-year SIP submission deadline under § IIO(a)(l), because Oklahoma 

currently has no N02 nonattainment areas and no nonattainment plans are due. 

If you have questions, please contact Mr. Eddie Terrill, Director, Air Quality Division, 

Department of Environmental Quality at (405) 702-4100. 

nergy and Environment 

cc: Scott Thompson, Executive Director, Department of Environmental Quality 

Eddie Terrill, Director, DEQ Air Quality Division 

cc: Guy Donaldson, Section Chief, Air Planning Section, EPA Region VI (6PD-L) 

Carrie Paige, Air Planning Section, EPA Region VI ( 6PD-L) 

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2/28/14 Oklahoma’s SIP Submittal “Infrastructure” Checklist 1

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Oklahoma’s State Implementation Plan (SIP) Submittal “Infrastructure” Checklist 

CAA § 110(a)(2)(A)-(M) Requirements in the Current SIP or Pending SIP Revisions 

Updated for the 2010 Primary Nitrogen Dioxide (NO2) National Ambient Air Quality Standard (NAAQS) 

On January 22, 2010, the U.S. Environmental Protection Agency (EPA) established a new 1-hour primary National Ambient Air Quality Standard 

(NAAQS) for nitrogen dioxide (NO2)

1

. Section 110(a)(1) of the federal Clean Air Act (CAA) requires each state to submit a State Implementation 

Plan (SIP) to provide for the implementation, maintenance, and enforcement of each newly promulgated or revised NAAQS. A SIP identifies how 

that state will attain and/or maintain the primary and secondary NAAQS. The SIP contains state regulations, source-specific requirements, and nonregulatory items such as plans and inventories. The initial SIPs for states were approved by the EPA on May 31, 1972 (46 Fed.Reg. 40005). The 

Oklahoma Department of Environmental Quality (DEQ) is given the primary responsibility and authority to prepare and implement Oklahoma’s air 

quality management plan under the Oklahoma Environmental Quality Act and the Oklahoma Clean Air Act (see generally Title 27A Oklahoma 

Statutes (O.S.) §§ 2-1-101 et seq.). The federally enforceable SIP for Oklahoma is compiled in 40 CFR Part 52, Subpart LL. Approval of additional 

SIP submittals is pending. 

SIPs are reviewed and revised by the state from time to time as necessary to accommodate changes in State and Federal statutes, rules, policies, and 

program requirements. In addition to SIP revisions to address specific program requirements (e.g., PSD/NSR Program), including those changes that 

directly result from a new or revised NAAQS, EPA has interpreted § 110(a)(1) of the federal CAA to require the state to demonstrate that the SIP 

meets the “infrastructure” requirements of CAA Section 110(a)(2)(A)-(M) each time a NAAQS is issued or revised.2

 The resulting submittal is now 

commonly referred to as an “infrastructure SIP” or “I-SIP.” Under its September 2013 Guidance on Infrastructure State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)3(“2013 I-SIP Guidance”), EPA allows for certification that “... the already-approved 

SIP contains or references provisions that satisfy all or some of the requirements of section 110(a)(2), as applicable, for purposes of implementing the 

new or revised NAAQS.” The following table summarizes how and where the applicable infrastructure requirements are addressed in Oklahoma’s 

current SIP or pending SIP revisions. In addition to a summary of infrastructure elements as they relate to the various existing NAAQS, the table 

lists any changes or pertinent information specific to the subject NAAQS change. 

This Submittal: 2010 Primary Nitrogen Dioxide (NO2) NAAQS 

In this I-SIP submittal, Oklahoma is demonstrating that it has adequate resources and authority to implement, maintain, and enforce the 2010 Primary 

Nitrogen Dioxide (NO2) NAAQS. This submittal was prepared under EPA’s 2013 I-SIP Guidance and 40 CFR Part 51, Appendix V – Criteria for 

Determining the Completeness of Plan Submissions. 

 

1

 EPA revised the primary NO2 standard by adding a 1-hour level of 100 parts per billion (ppb), while retaining the previous annual primary and secondary standards [see 40 CFR 

50.11(b) and (f) and 75 FR 6474 (February 9, 2010)]. The EPA has also recently reviewed the air quality criteria and the secondary NAAQS for nitrogen oxides and sulfur oxides 

and retained the current NO2 and SO2 secondary standards [see 77 FR 20218 (April 3, 2012)].

2

 E.g., EPA approved Oklahoma’s Infrastructure SIP (or “I-SIP”) for the 1997 Ozone and the 1997 and 2006 PM2.5 NAAQS on January 26, 2012 (77 FR 3933). 

3

 Distributed under September 13, 2013 memo from Stephen D. Page, Director, Office of Air Quality Planning and Standards, to EPA’s Regional Air Directors, Regions 1-10.
2/28/14 Oklahoma’s SIP Submittal “Infrastructure” Checklist 2

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§ 110(a)(2)(A) –

Emission Limits 

and Other Control 

Measures

include enforceable emission limitations and 

other control measures, means, or techniques 

(including economic incentives such as fees, 

marketable permits, and auctions of emissions 

rights), as well as schedules and timetables for 

compliance as may be necessary or 

appropriate to meet the applicable 

requirements of this Act.

Oklahoma Environmental Quality Act (27A O.S. §§ 1-1-101 thru 1-4-107), 

Oklahoma Environmental Quality Code (27A O.S. §§ 2-1-101 thru 2-16-107) 

including the Oklahoma Clean Air Act (27A O.S. §§ 2-5-101 thru 2-5-117), 

and other relevant portions, Oklahoma Administrative Code (OAC ) 252:4, 

Rules of Practice and Procedure, and OAC 252:100, Oklahoma Air Pollution 

Control Rules. 

Oklahoma has an EPA-approved air permitting program for both major 

sources (OAC 252:100-8) and minor facilities (OAC 252:100-7). 

Several SIP revisions are pending. These include portions of the February 

14, 2002 SIP submittal (“Big SIP”); portions of the June 24, 2010 SIP 

submittal (SC-8 revision); the July 16, 2010 SIP submittal (excess 

emissions); portions of the July 23, 2010 SIP submittal (“Big SIP2”); the July 

23, 2010 SIP submittal (NSR Reform); and the March 26, 2012 SIP 

submittal (GHG and PM2.5); as well as the annual SIP revisions for 2010 

(December 27, 2010), 2011 (February 6, 2012), and 2012 (February 4, 

2013). 

The July 16, 2010 SIP submittal addressed EPA’s policy on excess 

emissions (e.g., SSM & variance/”director’s discretion” provisions) through 

the revision of OAC 252:100-9, Excess Emission Reporting Requirements. 

In the September 6, 2013 Federal Register (78 Fed.Reg. 54816), EPA 

proposed approval of certain provisions of the submittal, limited approval 

and limited disapproval of certain other provisions with a finding of 

substantial inadequacy and proposed a SIP call. This proposal has not yet 

been finalized. 

Oklahoma has no maintenance areas.

40 CFR §§ 52.1920 and 

52.1960 (c)(48)

This NAAQS Revision:

No specific enforceable emission limitations or other control measures, 

means, or techniques have been identified as necessary to attain or 

maintain the 2010 Primary Nitrogen Dioxide (NO2) NAAQS. OAC 252:100 

includes Subchapter 33, Control of Emission of Nitrogen Oxides (252:100-

33). The July 23, 2010 SIP submittal (“Big SIP2”) included changes to

Subchapter 33. At this time, it is not anticipated that OAC 252:100-33 will 

need to be revised as a result of the new NAAQS. Any particular issues or 

changes related to implementation of this NAAQS through Oklahoma’s 

permitting program would be addressed through a separate SIP 

submission.
2/28/14 Oklahoma’s SIP Submittal “Infrastructure” Checklist 3

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§ 110(a)(2)(B) –

Ambient Air Quality 

Monitoring/Data 

System

provide for establishment and operation of 

appropriate devices, methods, systems, and 

procedures necessary to monitor, compile, and 

analyze data on ambient air quality, and upon 

request, make such data available to the 

Administrator; 

The Oklahoma Clean Air Act (27A O.S. §§ 2-5-101 thru 2-5-117) provides 

the authority to establish and operate ambient air quality monitors. OAC 

252:100-3, in conjunction with Appendices E and F, enumerates the 

NAAQS and PSD increments.

Oklahoma operates an air quality monitoring network consistent with EPA 

regulations (40 CFR Part 58), and regularly reports results to EPA under 

previously-approved SIP provisions. Each fiscal year, DEQ posts an 

Annual Network Review on its website for public review. Following the 30-

day public review period, DEQ evaluates and responds to any comments, 

and submits the Review to EPA Region 6 monitoring staff for their review. 

Monitoring results may also be accessed through DEQ’s web site at:

http://www.deq.state.ok.us/aqdnew/monitoring/index.htm 

40 CFR §§ 52.1920 and 

52.1960(c)(22)

This NAAQS Revision:

Oklahoma’s program has monitored nitrogen dioxide since the 1970’s. 

Oklahoma is on schedule with the updates to its air quality monitoring 

network necessary to implement the monitoring scheme required for the 

new NAAQS in accordance with EPA’s Revision to Ambient Nitrogen 

Dioxide Monitoring Requirements (78 Fed.Reg. 16184, Mar. 14, 2013). It is 

currently projected that operation of NO2 Near Road monitoring at one 

location will begin in May of 2014. Changes to reporting have been 

implemented as appropriate.
2/28/14 Oklahoma’s SIP Submittal “Infrastructure” Checklist 4

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§ 110(a)(2)(C) –

Program for 

Enforcement of 

Control Measures

include a program to provide for the 

enforcement of the measures described in 

subparagraph (A) and regulation of the 

modification and construction of any stationary 

source within the areas covered by the plan as 

necessary to assure that national ambient air 

quality standards are achieved, including a 

permit program as required in parts C and D;

Oklahoma’s EPA-approved air permitting program includes appropriate 

enforcement authority and permitting for modification and construction of 

stationary sources. DEQ’s powers and duties to implement air quality 

programs (including implementing Oklahoma’s SIP) are described in 27A 

O.S. § 2-5-105, and include authority to “... [e]nforce rules of the Board and 

orders of the Department and the Council." 27A O.S. § 2-5-105(4) More 

specific enforcement authorities are described throughout the Oklahoma 

Clean Air Act, 27A O.S. §§ 2-5-101 et seq., and in OAC 252:4-9, 

Administrative Proceedings. Oklahoma’s requirements for construction and 

operating permits for minor facilities and (minor) modifications to minor 

facilities are in OAC 252:100-7, Permits for Minor Facilities. The 

construction permit requirements for PSD and other major sources, and 

requirements for both major and minor modifications to PSD and other 

major sources, as well as requirements for the Part 70 (Title V) operating 

permit program, are in OAC 252:100-8, Permits for Part 70 Sources and 

Major New Source Review. OAC 252:4-7, Environmental Permit Process,

contains additional permit requirements.

The EPA interprets the portion of § 110(a)(2)(C) that pertains to a permitting 

program that applies to nonattainment NSR within nonattainment areas 

(CAA title I part D) to be outside the scope of the infrastructure SIP 

requirements and does not otherwise address it in the 2013 I-SIP Guidance. 

Although Oklahoma does not currently have any designated nonattainment 

areas or maintenance areas, Oklahoma's SIP contains the provisions for the 

NSR nonattainment area permitting program in OAC 252:100-8, Part 9. 

Major Sources Affecting Nonattainment Areas.

Changes to the permitting program are included in pending SIP revisions 

submitted on February 14, 2002 (minor facility permitting), July 23, 2010 

(NSR Reform), December 28, 2010 (PSD Increment and NAAQS for Pb), 

February 6, 2012 (GHG Tailoring and PM2.5 Implementation), and the 

February 4, 2013 SIP submittal (2012 annual update). Note that 

Oklahoma’s PSD and Title V/Part 70 permitting program applies to sources 

that emit greenhouse gases (GHGs) in accordance with EPA’s tailoring rule, 

and subsequent narrowing of EPA’s approval of the PSD program.

40 CFR §§ 52.1920 and 

52.1929

This NAAQS Revision:

No specific enforceable emission limitations or other control measures, 

means, or techniques have been identified as necessary to attain or 

maintain the 2010 Primary Nitrogen Dioxide (NO2) NAAQS. Any particular 

issues or changes related to implementation of this NAAQS through 

Oklahoma’s permitting, compliance, and enforcement programs (e.g., PSD) 

would be addressed through a separate SIP submission.
2/28/14 Oklahoma’s SIP Submittal “Infrastructure” Checklist 5

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§ 110(a)(2)(D)(i) –

Interstate 

Transport 

Provisions

contain adequate provisions—

(i) prohibiting, consistent with the provisions 

of this title, any source or other type of 

emissions activity within the state from emitting 

any air pollutant in amounts which will--

(I) contribute significantly to nonattainment 

in, or interfere with maintenance by, any other 

state with respect to any such national primary 

or secondary ambient air quality standard, or

EPA's 2013 I-SIP guidance does not address interstate transport provisions 

which prohibit significant contribution to nonattainment in, or interfere with 

maintenance by, any other state with respect to the NAAQS. If necessary, 

the requirements in § 110(a)(2)(D)(i)(I) will be handled in a separate 

Transport SIP.

However, Oklahoma's air quality control rule at OAC 252:100-8-35 requires 

major stationary sources to demonstrate that the source’s emissions would 

not cause or contribute to any increase in ambient concentrations that 

would exceed any NAAQS in any air quality control region. The State’s 

PSD program meets the basic requirements for implementing all NAAQS.

SIP revisions submitted on July 23, 2010 and February 6, 2012, which are 

still pending, contain modifications to OAC 252:100-8-35.

EPA concluded that emissions from Oklahoma significantly contribute to 

interference with maintenance of the 8-hour 1997 Ozone NAAQS in another 

state and issued a Federal Implementation Plan (FIP) in a supplemental 

rule (76 Fed.Reg. 80760, Dec. 27, 2011) to the Transport Rule (aka Cross 

State Air Pollution Rule (76 Fed.Reg. 48208, Aug 8, 2011)) requiring

Oklahoma to participate in the NOX Ozone Season trading program. 

However, a December 30, 2011 order of the U.S. Court of Appeals for the 

District of Columbia Circuit stayed the Transport Rule. On August 21, 2012, 

that Court vacated the Transport Rule and the Transport Rule FIPs and 

remanded them to EPA. The Court allowed CAIR to remain in effect until 

the promulgation of a valid replacement. Oklahoma is not covered under 

CAIR. On June 24, 2013 the Supreme Court granted EPA's request to 

review the lower court ruling that overturned the Transport Rule.

40 CFR §§ 52.1920 and 

52.1930

This NAAQS Revision:

EPA designated all areas in the United States as unclassifiable/attainment 

for the 2010 Primary Nitrogen Dioxide (NO2) NAAQS based on monitored

air quality data from calendar years 2008-2010,which indicated no violation 

of the NAAQS (77 Fed.Reg. 9532, Feb. 17, 2012). Therefore, sources in 

Oklahoma do not contribute significantly to nonattainment in, or interfere 

with maintenance by, any other state with respect to the 2010 Primary 

Nitrogen Dioxide (NO2) NAAQS.
2/28/14 Oklahoma’s SIP Submittal “Infrastructure” Checklist 6

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§ 110(a)(2)(D)(i) –

Interstate 

Transport 

Provisions

contain adequate provisions—

(i) prohibiting, consistent with the provisions 

of this title, any source or other type of 

emissions activity within the state from emitting 

any air pollutant in amounts which will--

(II) interfere with measures required to be 

included in the applicable implementation plan 

for any other State under part C to prevent 

significant deterioration of air quality or to 

protect visibility, 

 

New major stationary sources and modifications are subject to a 

comprehensive PSD permitting program. Under OAC 252:100-8, Part 7, 

Oklahoma’s EPA-approved air permitting program includes pre-construction 

review of PSD sources, including review for impacts of emissions of all 

“regulated NSR pollutants,” and requires demonstration that any increase in 

emissions would not cause or contribute to any increase in ambient 

concentrations that would exceed any NAAQS in any air quality control 

region. EPA approved the portion of Oklahoma’s Transport SIP relating to §

110(a)(2)(D)(i)(II) (PSD) for the 1997 Ozone and PM2.5 NAAQS on 

November 26, 2010 (75 Fed.Reg. 72695). 

Oklahoma’s Regional Haze Implementation Plan Revision, (“RH SIP”), 

submitted in February 2010, describes Oklahoma’s measures to protect 

visibility and assure that emissions do not interfere with any other state’s 

measures to protect visibility. These measures include provisions in OAC 

252:100-8, Part 11. EPA partially approved and partially disapproved 

Oklahoma’s Regional Haze SIP on December 28, 2011 (76 Fed.Reg. 

81728) [See discussion under element § 110(a)(2)(J) – PSD and Visibility 

Protection (Part C)]. EPA stated that the RH SIP did not incorporate some

emission reductions that were relied on to demonstrate non-interference 

with other states’ visibility protections. In the same Federal Register notice, 

EPA also partially approved and partially disapproved portions of the 

Interstate Transport SIP for an Assessment of Oklahoma’s Impact on 

Downwind Nonattainment for the National Ambient 8-hour Ozone and PM2.5

Air Quality Standards (“Transport SIP”), submitted May 10, 2007 and 

supplemented December 10, 2007, that address § 110(a)(2)(D)(i)(II) with 

respect to protection of visibility. EPA issued a FIP requiring reduction of 

SO2 emissions for six units, and found that “the controls under this FIP, in 

combination with the controls required by the portion of the Oklahoma RH 

submittal that we are approving, will serve to prevent sources in Oklahoma 

from emitting pollutants in amounts that will interfere with efforts to protect 

visibility in other states.” Oklahoma submitted a revision to its RH SIP and 

Transport SIP on June 14, 2013 which is intended to replace the FIP as it 

relates to two of the six units concerned. This revision is pending. 

40 CFR § 52.1920(c) and 

(e)

40 CFR §§ 52.1920(e), 

52.1923, and 52.1928
2/28/14 Oklahoma’s SIP Submittal “Infrastructure” Checklist 7

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

This NAAQS Revision:

Any specific nitrogen dioxide-related issues in Oklahoma’s permitting 

program (e.g., increments or significant impact levels) would be addressed 

through a separate submission.

NOX emissions react in the air to form fine particle pollution, which 

contributes to visibility impairment. Oklahoma’s Regional Haze 

Implementation Plan Revision, submitted in February 2010, includes 

reductions in NOx emissions for certain facilities, and demonstrates that 

Oklahoma’s PM2.5 emissions do not interfere with any other state’s 

measures to protect visibility. This portion was approved by EPA on 

December 29, 2011 (76 Fed.Reg. 81838).

40 CFR § 52.1920(e)
2/28/14 Oklahoma’s SIP Submittal “Infrastructure” Checklist 8

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§ 110(a)(2)(D)(ii) –

Interstate and 

International 

Transport 

Provisions

contain adequate provisions—

(ii) insuring compliance with the applicable 

requirements of sections 126 and 115 (relating 

to interstate and international pollution 

abatement);

Oklahoma’s EPA-approved Title V Operating (and PSD) Program includes 

requirements for providing a notice of draft permit to affected states under 

OAC 252:100-8-8 (SIP revision approved November 26, 2010 at 75

Fed.Reg. 72695). This notice meets the requirements of § 126 of the CAA. 

Evaluation requirements under the PSD Program are adequate to assure 

compliance with international pollution abatement requirements. There are 

no final findings under § 115 of the CAA against this State with respect to 

any existing NAAQS.

40 CFR § 52.1920(c)

This NAAQS Revision:

No source or sources within Oklahoma are the subject of an active finding 

under § 126 of the CAA with respect to the 2010 Primary Nitrogen Dioxide 

(NO2) NAAQS. 

There are no final findings under § 115 of the CAA against this State with 

respect to this NAAQS.

Oklahoma does not anticipate that significant changes would be required to 

implement the 2010 Primary Nitrogen Dioxide (NO2) NAAQS.

§ 110(a)(2)(E)(i) –

Adequate 

Resources

provide 

(i) necessary assurances that the state (or, 

except where the Administrator deems 

inappropriate, the general purpose local 

government or governments, or a regional 

agency designated by the state or general 

purpose local governments for such purpose) 

will have adequate personnel, funding, and 

authority under state (and, as appropriate, 

local) law to carry out such implementation plan 

(and is not prohibited by any provision of 

federal or state law from carrying out such 

implementation plan or portion thereof);

Oklahoma has previously demonstrated that it currently has and will 

continue to have adequate personnel and other resources to carry out its air 

quality programs. The powers and duties of the DEQ to implement air 

quality programs (including implementing Oklahoma’s SIP) are described in 

27A O.S. § 2-5-105, and include authority to accept and expend funds 

necessary to carry them out. DEQ receives air quality program funds 

through state appropriations, permit application fees, annual operating fees, 

and federal grants under CAA §§ 103 & 105, among others. 

40 CFR §§ 52.1920(e) 

and 52.1960(c)(45)(i)

This NAAQS Revision:

Oklahoma will continue to provide the resources needed to carry out its air 

quality responsibilities. No significant additional personnel or other 

resources have been identified as required to implement the 2010 Primary 

Nitrogen Dioxide (NO2) NAAQS, except as otherwise noted.
2/28/14 Oklahoma’s SIP Submittal “Infrastructure” Checklist 9

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§ 110(a)(2)(E)(ii) –

Adequate 

Resources (State 

Boards)

provide 

(ii) requirements that the state comply with 

the requirements respecting state boards under 

section 128, and

The Oklahoma Environmental Quality Code lays out the composition and 

powers & duties of the Environmental Quality Board (EQB) (27A O.S. § 2-2-

101) and the Air Quality Advisory Council (27A O.S. §§ 2-2-201(H) and 2-5-

107). These powers & duties include their roles in promulgating DEQ rules, 

but do not include approving permits or enforcement orders under the CAA. 

The powers & duties and conflict of interest provisions for DEQ staff and 

Executive Director are described in 27A O.S. § 2-3-101 and 27A O.S. § 2-3-

201, respectively.

40 CFR § 52.1920(e) and 

40 CFR § 52.1960(c)(17) 

and (45)(i)

This NAAQS Revision:

Oklahoma does not anticipate that significant changes would be required as 

a result of a change in a particular NAAQS, including the 2010 Primary 

Nitrogen Dioxide (NO2) NAAQS.

§ 110(a)(2)(E)(iii) –

Adequate 

Resources (Local 

or Regional 

Implementation)

provide 

(iii) necessary assurances that, where the 

state has relied on a local or regional 

government, agency, or instrumentality for the 

implementation of any plan provision, the state 

has responsibility for ensuring adequate 

implementation of such plan provision;

Not Applicable.

§ 110(a)(2)(F) –

Stationary Source 

Monitoring System 

and Reporting

require, as may be prescribed by the 

Administrator—

(i) 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, 

(ii) periodic reports on the nature and 

amounts of emissions and emissions-related 

data from such sources, and

(iii) correlation of such reports by the state 

agency with any emission limitations or 

standards established pursuant to this Act, 

which reports shall be available at reasonable 

times for public inspection; 

Source emissions monitoring requirements are addressed in OAC 252:100-

43, Testing, Monitoring and Recordkeeping.

Source emissions inventory requirements are addressed in OAC 252:100-5, 

Registration of Air Contaminant Sources.

Area, mobile, and non-road data are reported to EPA on a 3-year cycle.

OAC 252:100, Air Pollution Control; OAC 252:4-1-5, Availability of a 

Record; 51 O.S. §§ 24A.1 et seq, Oklahoma Open Records Act.

40 CFR § 52.1960(c) (48)

40 CFR § 52.1920(c)

40 CFR § 52.1920(c)

This NAAQS Revision:

Oklahoma does not anticipate that significant changes would be required as 

a result of a change in a particular NAAQS, including the 2010 Primary 

Nitrogen Dioxide (NO2) NAAQS.
2/28/14 Oklahoma’s SIP Submittal “Infrastructure” Checklist 10

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§ 110(a)(2)(G) –

Emergency 

Episodes

provide for authority comparable to that in 

section 303 and adequate contingency plans to 

implement such authority;

Chapter 6 of Oklahoma’s SIP, as submitted in 1972 and revised in 1988, 

sets forth the state’s Emergency Episode Plan (EEP), as required under §

110(a)(2)(G) and 40 CFR Part 51, Subpart H – Prevention of Air Pollution 

Emergency Episodes and, along with provisions included in the February 

2002 SIP update, describes and implements State authority comparable to 

that in § 303. (For the purpose of EEPs, 40 CFR § 51.150 classifies regions 

separately with respect to the following pollutants: sulfur oxides, particulate 

matter, carbon monoxide, nitrogen dioxide, and ozone.) 

As indicated in 40 CFR §§ 52.1934 and 52.1960(c)(38), EPA approved the 

plan as submitted in 1972 and revised in 1988. 

40 CFR §§ 52.1934 and 

52.1960(c)(38)

This NAAQS Revision:

The measures in place in Oklahoma’s approved EEP are adequate to 

address an emergency episode and do not need to be updated due to the 

2010 Primary Nitrogen Dioxide (NO2) NAAQS. Note that all areas in 

Oklahoma are classified as Priority III for nitrogen dioxide for EEP purposes,

and 40 CFR Part 51, Subpart H does not require a contingency plan for 

Priority III areas.
2/28/14 Oklahoma’s SIP Submittal “Infrastructure” Checklist 11

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§ 110(a)(2)(H) –

Future SIP 

Revisions

provide for revision of such plan—

(i) from time to time as may be necessary to 

take account of revisions of such national 

primary or secondary ambient air quality 

standard or the availability of improved or more 

expeditious methods of attaining such standard, 

and 

(ii) except as provided in paragraph (3)(C), 

whenever the Administrator finds on the basis 

of information available to the Administrator that 

the plan is substantially inadequate to attain the 

national ambient air quality standard which it 

implements, or to otherwise comply with any 

additional requirements established under this 

Act; 

Under authority of OAC 252:100-3-2 and 252:100-3-3, Appendices E and F 

of OAC 252:100 enumerate the primary and secondary air quality standards 

(NAAQS), respectively. 

DEQ’s powers and duties to implement air quality programs (including 

implementing Oklahoma’s SIP) are described in 27A O.S. § 2-5-105, and 

include authority to:

“3. Prepare and develop a general plan for proper air quality 

management in the state in accordance with the Oklahoma Clean Air 

Act;” 

and 

“20. Carry out all other duties, requirements and responsibilities 

necessary and proper for the implementation of the Oklahoma Clean Air 

Act and fulfilling the requirements of the Federal Clean Air Act.” 

[27A O.S. § 2-5-105(3) and (20)] 

Any substantive changes to Oklahoma’s SIP, such as NAAQS updates and 

resulting program modifications, are initiated through the rulemaking 

process, which includes agency, public, gubernatorial, and legislative review 

processes. Public notice is provided (published/posted) for all steps in the 

rulemaking process, in accordance with the state Administrative Procedures 

Act (75 O.S. §§ 250.1 through 323), Open Records Act (51 O.S. §§ 24A.1 

through 24A.29), and Open Meetings Act (25 O.S. §§ 301 through 314), 

along with corresponding DEQ and state procedural rules. The notices 

include the opportunity to provide comments prior to and at the public 

hearing before the Air Quality Advisory Council and at the public hearing 

before the Environmental Quality Board. 

Documentation of these changes, along with documentation of any 

implementation or infrastructure changes, is then submitted by the Governor 

(or the Oklahoma Secretary of Energy and Environment, acting as the 

Governor’s designee) to EPA as a SIP revision. This process is followed 

regardless of whether it results from a NAAQS update or a finding by the 

Administrator. State public participation procedures for SIP submittals that 

do not include rulemaking were submitted to EPA on August 17, 2012 for 

review. In a letter dated August 23, 2012, EPA concurred that the

procedures are consistent with the requirements of 40 CFR § 51.102 and 

associated guidance.

40 CFR §§ 52.1920 and 

52.1960
2/28/14 Oklahoma’s SIP Submittal “Infrastructure” Checklist 12

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

This NAAQS Revision:

Appendix E of OAC 252:100 was updated to incorporate the 2010 Primary 

Nitrogen Dioxide (NO2) NAAQS effective July 1, 2011. The updated 

Appendix E was submitted to EPA as a SIP revision in February 2012.

This SIP submittal fulfills the stated requirement.

§ 110(a)(2)(I) –

Nonattainment 

Area Plan 

Requirements

in the case of a plan or plan revision for an area 

designated as a nonattainment area, meet the 

applicable requirements of part D (relating to 

nonattainment areas);

Not applicable. EPA’s 2013 I-SIP Guidance interprets the requirements of §

110(a)(2)(I) that pertain to specific requirements for attainment plans for 

designated nonattainment areas, to be outside the scope of the I-SIP 

requirements.

§ 110(a)(2)(J) –

Consultation with 

Government 

Officials (§ 121)

meet the applicable requirements of section 

121 ... (relating to consultation), ...

Oklahoma’s approved SIP includes established consultation with various

entities. Section 2-5-105 of the Oklahoma Clean Air Act specifically gives 

the DEQ the authority to advise, consult, and cooperate with other agencies 

of the State, towns, cities and counties, industries, other states and the 

federal government, and with affected groups in the prevention and control 

of new and existing air contamination sources within the State. Oklahoma 

does not anticipate that significant changes would be required as a result of 

a change in a particular NAAQS.

40 CFR §§ 52.1920 and 

52.1960

§ 110(a)(2)(J) –

Public Notification 

(§ 127)

meet the applicable requirements of ... section 

127 ... 

Public notification procedures to meet the requirements of § 127 of the CAA 

are established in Oklahoma’s SIP. DEQ provides notification of ambient air 

concentration levels for all NAAQS through its annual Air Data Reports, 

forecasting reports, and health advisories.

40 CFR §§ 52.1920 and 

52.1960

This NAAQS Revision:

The 2010 Primary Nitrogen Dioxide (NO2) NAAQS is included in 

Oklahoma’s SIP public notification requirements. DEQ provides notification 

of nitrogen dioxide concentration levels through its annual Air Data Reports. 

Oklahoma does not anticipate that any significant public notification 

changes would be required to implement this NAAQS.
2/28/14 Oklahoma’s SIP Submittal “Infrastructure” Checklist 13

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§ 110(a)(2)(J) –

PSD and Visibility 

Protection (Part C)

meet the applicable requirements of ... part C 

... (relating to prevention of significant 

deterioration of air quality and visibility 

protection);

Oklahoma’s EPA-approved PSD permitting program, which addresses all 

regulated NSR air pollutants, operates under OAC 252:100-8, Part 7 –

Prevention of Significant Deterioration (PSD) Requirements for Attainment 

Areas; the existing PSD delegation agreement; and approved and pending 

portions of the SIP. 

Oklahoma’s Regional Haze Implementation Plan Revision (“RH SIP”), 

submitted in February 2010 and amended in a revision submitted June 14, 

2013, describes Oklahoma’s measures to protect visibility, including 

provisions in OAC 252:100-8, Part 11. EPA approved core elements of the 

Regional Haze SIP on December 28, 2011 (76 Fed.Reg. 81728). EPA 

disapproved Oklahoma’s Best Available Retrofit Technology (BART) 

determinations for several emissions units, and issued a Federal 

Implementation Plan covering those units.

In the 2013 I-SIP Guidance, EPA stated the belief that there are no new 

visibility protection requirements under Part C of the CAA that would result 

from a revised NAAQS. Therefore, the visibility sub-element of Element J 

need not be addressed in an infrastructure SIP submission4.

40 CFR § 52.1920(c)

40 CFR §§ 52.1920(c) & 

(e), 52.1923, and 52.1928

This NAAQS Revision:

Specific issues or changes related to implementation of the 2010 Primary 

Nitrogen Dioxide (NO2) NAAQS through Oklahoma’s PSD permitting 

program would be addressed through a separate SIP submission.

As noted, no visibility protection obligations under § 110(a)(2)(J) are 

anticipated as a result of this NAAQS.

 

4

 page 55, Section III. Guidance on Individual Infrastructure SIP Elements, Element J – Section 110(a)(2)(J): Consultation with Government Officials, Public Notification, and 

PSD and Visibility Protection, 2013 I-SIP Guidance
2/28/14 Oklahoma’s SIP Submittal “Infrastructure” Checklist 14

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§ 110(a)(2)(K) –

Air Quality 

Modeling/Data

provide for:

(i) the performance of such air quality 

modeling as the Administrator may prescribe 

for the purpose of predicting the effect on 

ambient air quality of any emissions of any air 

pollutant for which the Administrator has 

established a national ambient air quality 

standard, and 

(ii) the submission, upon request, of data 

related to such air quality modeling to the 

Administrator;

Oklahoma conducts air quality modeling to support its demonstrations of 

attainment, and reports results to EPA. Oklahoma will continue to update 

modeling protocols as appropriate to accommodate evolving program 

requirements and standards. 

Oklahoma currently has no designated nonattainment areas. Source 

modeling requirements are also included in the PSD permitting program in 

OAC 252:100-8-35.

40 CFR §§ 52.1920 and 

52.1960

This NAAQS Revision:

Oklahoma’s source-oriented dispersion modeling program includes use of 

models such as AERMOD, which has been identified5as the most 

appropriate for implementing the 2010 Primary Nitrogen Dioxide (NO2) 

NAAQS under current protocols.

§ 110(a)(2)(L) –

Permitting Fees

require the owner or operator of each major 

stationary source to pay to the permitting 

authority, as a condition of any permit required 

under this Act, a fee sufficient to cover—

(i) the reasonable costs of reviewing and 

acting upon any application for such a permit, 

and 

(ii) if the owner or operator receives a permit 

for such source, the reasonable costs of 

implementing and enforcing the terms and 

conditions of any such permit (not including any 

court costs or other costs associated with any 

enforcement action), until such fee requirement 

is superseded with respect to such sources by 

the Administrator's approval of a fee program 

under title V; 

27A O.S. § 2-5-106 authorizes the DEQ through the EQB to promulgate 

rules regarding permit fees and 27A O.S. § 2-5-113 establishes that the 

owner or 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 

Quality permit program. Oklahoma’s EPA-approved Title V Operating 

Program includes permit application fees and annual operating fees under 

OAC 252:100-8-1.7 and 252:100-5-2.2, respectively (formerly Regulation 

1.4.1(d) Permit fees).

40 CFR §§ 52.1920(c)

and 52.1960(c)(48)(ii)(A)

This NAAQS Revision:

Oklahoma does not anticipate that significant changes would be required to 

implement the 2010 Primary Nitrogen Dioxide (NO2) NAAQS.

 

5

 Memo dated June 28, 2010 from Tyler Fox, EPA OAQPS, regarding the applicability of 40 CFR Part 51, Appendix W modeling guidance. 
2/28/14 Oklahoma’s SIP Submittal “Infrastructure” Checklist 15

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§ 110(a)(2)(M) –

Consultation/ 

Participation by 

Affected Local 

Entities

provide for consultation and participation by 

local political subdivisions affected by the plan.

Oklahoma’s approved SIP includes established opportunities for 

consultation and participation by local political subdivisions affected by 

Oklahoma’s SIP. 

DEQ’s powers and duties to implement air quality programs (including 

implementing Oklahoma’s SIP) described in 27A O.S. § 2-5-105 authorizes 

the DEQ to advise, consult and cooperate with other agencies of the State, 

towns, cities and counties, industries, other states and the federal 

government, and with affected groups in the prevention and control of new 

and existing air contamination sources within the State. The powers and 

duties of the Air Quality Advisory Council, as listed in 27A O.S. § 2-5-107, 

include the “authority and discretion to provide a public forum for the 

discussion of issues it considers relevant to the air quality of the state, and 

to ... hold public hearings to receive public comment in fulfillment of federal 

requirements regarding the [SIP] and make recommendations to the [DEQ]

concerning the [SIP].”

Any substantive changes to Oklahoma’s SIP, such as NAAQS updates and 

resulting program modifications, are initiated through the rulemaking 

process, which includes public notice and hearing procedures. (See the 

Oklahoma Administrative Procedures Act [75 O.S. §§ 250 – 323], DEQ 

procedural rules in OAC 252:4, and procedures approved under 40 CFR §

51.102(g).) Documentation of these changes, along with documentation of 

any implementation or infrastructure changes, is then submitted to EPA as a 

SIP revision. 

Oklahoma does not anticipate that significant changes would be required as 

a result of a change in a particular NAAQS.

40 CFR §§ 52.1920 and 

52.1960
SCOTT A. THOMPSON 

Executive Director 

March 4, 2014 

CKLAt'O,'>\A 

C~I<,:.~'Mh. 01' p.;y:;:;;b,\<fN]A; '~vi..l :v 

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY 

Ron Curry, Regional Administrator (6RA) 

U.S. Environmental Protection Agency- Region VI 

1445 Ross Avenue, Suite 1200 

Dalla.<>, TX 75202-2733 

MARY FALLIN 

Governor 

RE: Documentation of Procedures for Submittal of Certification of SIP Elements for the 2010 

N02 NAAQS under Clean Air Act Sections llO(a)(l) and (2) 

Dear Administrator Curry: 

This letter is to certify that the procedures for preparation and submittal of Oklahoma's 

Certification of State Implementation Plan (SIP) Elements for the 2010 Primary Nitrogen 

Dioxide (N02) National Ambient Air Quality Standards (NAAQS) under Clean Air Act Sections 

11 O(a)(l) and (2) were in compliance with the requirements of the Oklahoma Administrative 

Procedures Act, 75 O.S. §§ 250.1 through 323, and 40 CFR § 51.102 and 40 CFR Part 51, 

Appendix V, 2.l(g). State public participation procedures for such SIP submittals were 

submitted to EPA for review under 40 CFR § 51.102. In a letter dated August 23, 2012, EPA 

concurred that the procedures are consistent with the requirements of 40 CFR § 51.102 and 

associated guidance. 

The Notice of Opportunity for Public Hearing and Comment on the proposed certification that 

Oklahoma has adequate resources and authority to implement, maintain, and enforce the 2010 

Primary N02 NAAQS was posted on the Oklahoma Department of Environmental Quality's 

(DEQ) web site on Wednesday, January 15, 2014. The notice set a tentative public hearing for 

Wednesday, February 19, 2014, and included information on how the public could request a 

public hearing and submit written or oral comments on the proposed submittal. The notice 

provided that if no request for a public hearing was received by 4:30p.m., Friday, February 14, 

2014 (the close of the minimum 30-day notice period), the hearing would be cancelled, and a 

notice announcing the cancellation would be posted on the DEQ web site at least 24 hours prior 

to the scheduled time for the hearing. A contact phone number for information on the public 

hearing was also included in the notice. No hearing requests were received during the comment 

period (I/15/2014- 2/14/2014). Therefore, a notice of hearing cancellation was posted on the 

DEQ web site before 10:00 a.m. on February 18,2014. In addition to posting the two notices on 

DEQ's web site, an electronic notification (email) was sent to those on AQD's standing email 

1 

107 NORTH ROBINSON, P.O. BOX 1677, OKlAHOMACITY, OKI.AHOIAA 73101-1677 

printed on recycled paper w,tfl soy inK 
Ron Curry, Regional Administrator 

March 4, 2014 

Page 2 

mailing list. Because the submittal involves no mles or program changes, nor matter of 

significant public interest, newspaper and direct mail notifications were not prepared. 

No comments were received during the comment period; therefore, a Response to Comments 

document was not prepared. Enclosed with this letter are copies of the Notice of Opportunity for 

Public Hearing and Comment and the Notice of Hearing Cancellation, along with screen shots of 

relevant DEQ web pages. 

If you have questions or require additional information, please contact Ms. Cheryl Bradley, 

Environmental Programs Manager, at ( 405) 702-4218. 

Eddie Terrill, Director 

Air Quality Division 

Enclosures: 

Notice of Opportunity for Public Hearing and Comment 

Notice of Hearing Cancellation 

Screen Shots of Relevant DEQ Web Pages 

2 
Public Notice 

2010 Primary NO2 NAAQS I-SIP Certification 1 Posted 1/15/2014 

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY 

Notice of Opportunity for Public Hearing and Comment Oklahoma’s 

Section 110 Infrastructure SIP Certification 

2010 Primary Nitrogen Dioxide (NO2) NAAQS

The Oklahoma Department of Environmental Quality (DEQ) hereby announces an opportunity to 

comment on and request a public hearing on the proposed certification that Oklahoma has adequate 

resources and authority to implement, maintain, and enforce the 2010 Primary Nitrogen Dioxide (NO2) 

National Ambient Air Quality Standards (NAAQS). The hearing, if one is requested, will be held on 

Wednesday, February 19, 2014 from 10:00 a.m. to 12:00 noon in the 1st Floor Multipurpose Room of the 

DEQ, 707 North Robinson Avenue, Oklahoma City, OK 73102. NOTE: If no request for a public 

hearing is received by 4:30 p.m., Friday, February 14, 2014 (the close of the minimum 30-day notice 

period), the hearing will be cancelled, and a notice announcing that the hearing has been cancelled will 

be posted on the DEQ web site (http://www.deq.state.ok.us/aqdnew/RulesAndPlanning/index.htm) at 

least 24 hours prior to the scheduled time for the hearing. You may call (405) 702-4100 to find out if 

the hearing has been cancelled. 

Under the Oklahoma Clean Air Act (27A OS §§ 2-5-101 thru 117), DEQ is given the primary 

responsibility and authority to prepare and implement Oklahoma’s air quality management plan, 

compiled in 40 CFR Part 52, Subpart LL. The DEQ prepared the proposed certification to comply with 

the requirements contained in Section 110 of the federal Clean Air Act and 40 CFR Part 51, 

Requirements for Preparation, Adoption, and Submittal of Implementation Plans. This certification was 

prepared for submittal to the U.S. Environmental Protection Agency (EPA) under EPA’s Guidance on 

Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 

110(a)(2), issued 9/13/2013. 

All persons interested in these matters are invited to submit written comments prior to the scheduled 

close of the public hearing (i.e., 12:00 noon on Wednesday, February 19, 2014) and/or provide oral 

comments at the public hearing (if a hearing is requested and held). Persons planning to comment at the 

hearing may submit a written statement and/or additional information relevant to this matter for 

inclusion in the record of proceedings of the public hearing. The hearing officer may limit the length of 

oral presentations to allow all those who wish to provide oral comments an opportunity to do so. 

The proposed certification is available on the DEQ website at 

http://www.deq.state.ok.us/aqdnew/RulesAndPlanning/index.htm. Copies may also be obtained from 

the Department by contacting Cheryl E. Bradley, Environmental Programs Manager, at (405) 702-4100 

or Cheryl.Bradley@deq.ok.gov.

Written comments and/or a public hearing request regarding the proposed 2010 Primary Nitrogen 

Dioxide (NO2) NAAQS §110 Infrastructure SIP Certification should be emailed to Ms. Bradley at 

Cheryl.Bradley@deq.ok.gov or mailed to: 

Department of Environmental Quality, Air Quality Division 

P.O. Box 1677 

Oklahoma City, Oklahoma 73101-1677 

ATTN: Cheryl E. Bradley 

Comments may be submitted by fax to the Air Quality Division, ATTN: Cheryl E. Bradley, at (405) 

702-4101. 

Should you desire to attend the public hearing but have a disability and need an accommodation, please 

notify the Air Quality Division three (3) days in advance at (405) 702-4216. For the hearing impaired, 

the TDD relay number is 1-800-522-8506 or 1-800-722-0353, for TDD machine use only. 
OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY 

Notice of Cancellation of Public Hearing 

Oklahoma’s Section 110 Infrastructure SIP Certification 

2010 Primary Nitrogen Dioxide (NO2) NAAQS 

The Oklahoma Department of Environmental Quality (DEQ) hereby announces that no request for 

a public hearing was received by the close of the 30-day notice period (1/15/2014 – 2/14/2014) on 

the proposed certification that Oklahoma has adequate resources and authority to implement, 

maintain, and enforce the 2010 Primary Nitrogen Dioxide (NO2) National Ambient Air Quality 

Standards (NAAQS). Therefore, the hearing scheduled for Wednesday, February 19, 2014 has 

been cancelled, as provided for in the notice announcing the opportunity to request a public 

hearing and comment on the proposal. This announcement is in accordance with the public notice 

requirements of 40 CFR § 51.102. 

Written comments on the proposal will be accepted through noon on Wednesday, February 19, 

2014. The public notice and proposed certification are available on the DEQ website at 

http://www.deq.state.ok.us/aqdnew/RulesAndPlanning/index.htm. Copies may also be obtained 

from the Department by contacting Cheryl E. Bradley, Environmental Programs Manager, at (405) 

702-4100 or Cheryl.Bradley@deq.ok.gov.
Screenshots of Notice Postings 

AQD Main Page 

What’s New in Air Quality? 
AQ Rules & Planning

= O!M(.j(fuodll)g 

AOP S!rt todcx 

ol Environm&nlal QuaiHy 

Air Quality 

Ru les & 

Pla nning 

AOD is ldkin9 comrnt:nls d iKI hcillring rcQut:a.lJi on thw uropo1td ccrt:ilCitlon th1t 

Oldl.homot h..s •d~qvMt~ r~s0u1C:ts -nd liluthonty to c-nplt:tn~nl, m•-.nl,ln1 •nd t!f'tfou;• 

t~ 7010 Pnm•ry N1troC)6n O.Oxtdt (N02) NillliQn'l Ambter1t An Qu•~tv St~mden.ltt: 

(NAAQS). rhe c:ommttnt p4enod tUM rhrough noon on wNtntsdJy, ~bru•rv 19th. A 

keaMg (I one tS rf'QueSJed by CO~ on fn<f.a;y, 1/ 1-4/:t0l4) would be helrl on 

Wednesday, februacy 191 20 14 from 10:00 a.m. fO 12:00 noon In PfQ'"i 1St l'loor 

ul~rpose Room See the linked QUWic:IUltiQV!nd proposed :llfWtrUct\lrtUtv~eW.: 

~ &. drafl.cettjfjrat!Ontett,.rformore speof1cs. You may check thos web stte or u.l 

(<105) 702~4100, 24 hours prior to tfle schetluted orne for the heaon9, to find out i ~t 

h\IS been Qncded. ( Posted J·•nu•rv l !i, lOU) 

NotKe of gocrbt!on pf eubltc Heaoog: No request for a pobk hearlnQ w.u receiVed 

by the dose or the 30 day notice penod ( 1/ 15/2014 2/14/2014) on the proposed 

certh:atJon. Thetefore. the hcartn9 schMulcd lot Wed.ncsday, February 19, 20!4 has 

~en t-.lntclcd, .t'> pu'lvidi!d for In the abovt..' notice. lht ctMSion d contlnut to acct:pl 

cornrncnl1i on me UlOI)O~I unlll noon, Wedntid~v. febcuarv 19th. {VG4ted • e~w~o~arv ' "· 2014) 

Who~ l is .J Sla te Imple me n tation Plan ? 

The federal Clc:an ~r Act bceame l~w ~ 1971 and was amen ed~ 1990. ll provide:s the natJOnal 

fr.utH:wo1k fo1 efforts to Pcotcct att Quo:t~ty. lhc US EPA has d~ted most of the avaiabk: 

prOC)ntlrns fo1 .mp&e:mWt\tng and enfof¢ng the act to the An Qua~ly 01v1St0n or OEQ. ~egull!t10n 3l 

I he su.re ltvel mean$ \hat k>c:tl netds 3n.d c:ond1b0n$ are btHer undt•stood, 1e$ponded to, ttnd 

m.antat»ed. 

An EPA·approved State Jmpktm<e~lt3tiOn Phul (SIP) litys oulthe g<>llli ond P•O<:i!Wu;t-t for rhtt daly 

$kip rp MAID epntcnr 

No Ozoa(' or PM 

WatC':b 1D EfftC':t 

RULES 8. PLANNING 

Ate ~ Ouauv Rules 

========== --~o~~~~·~o·~·~o~r~~·~·~~~~d•=•~m~e Qk~IA~h~om~o~&~r~~·~kcy~s,~·k~·~·~·d~o~m~e~·~~~~d·~·~do~~~~·~·m~·~--=====:J:=l~f~~r~:c: ~~~~~~---= ~ ~ L • •.r~ · I 
Given below is draft language for the body of the certification letter. The language 

would be provided to the Governor’s office to assist in preparing the certification letter 

for the Governor’s signature or her designee (e.g., the Secretary of Energy and

Environment).

Sections 110(a)(1) and (2) of the Clean Air Act requires that each state review and revise as 

necessary its SIP following promulgation of a revised National Ambient Air Quality Standard 

(NAAQS). [See 42 U.S.C. 7410(a)(1) and (2)] On January 22, 2010, the U.S. Environmental 

Protection Agency (EPA) established a new 1-hour primary NAAQS for nitrogen dioxide (NO2) 

[75 FR 6474, 2/9/10]. EPA issued the “Guidance on Infrastructure State Implementation Plan 

(SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)” in September 2013. 

Under this guidance, states may certify that their existing SIPs meet the “infrastructure” elements 

of § 110(a)(2), rather than submitting a revised SIP for the 2010 Primary NO2 NAAQS. 

Oklahoma's SIP is codified in 40 CFR Part 52, Subpart LL. As indicated in the enclosed table 

titled “Oklahoma’s State Implementation Plan (SIP) Submittal ‘Infrastructure’ Checklist,” 

Oklahoma’s SIP meets the infrastructure obligations for the 2010 Primary NO2 NAAQS. To 

date, the only SIP changes required to meet the revised 2010 Primary NO2 NAAQS have been 

the modification of the ambient air quality monitoring network to include a near-road NO2

monitor [CAA § 110(a)(2)(B)] and a revision to Appendix E of OAC 252:100, to add the new 

primary 1-hour NO2 standard [CAA § 110(a)(2)(H)]. 

State public participation procedures for such SIP submittals were submitted to EPA for review 

under 40 CFR § 51.102. In a letter dated August 23, 2012, EPA concurred that Oklahoma’s 

procedures are consistent with the requirements of 40 CFR §51.102 and associated guidance. 

Public notice for this submittal was posted on January 15, 2014, to allow the opportunity to 

provide comments and to request a public hearing [held on] [scheduled for] February 19, 2014 at 

DEQ’s offices. [No comments or hearing requests were received during the comment period. 

Therefore, a notice of hearing cancellation was posted on 2/14/14.] [Attached are copies of 

comments received during the comment period and/or the public hearing, and a Response to 

Comments document.] It is our understanding that the final results of EPA’s review of this 

submittal will be determined through rulemaking and will be published in the Federal Register. 

Note that this letter and its supporting documentation do not address § 110(a)(2)(I), which 

pertains to the nonattainment planning requirements of Title I, Part D of the Clean Air Act and is 

not governed by the three year SIP submission deadline under § 110(a)(1), because Oklahoma 

currently has no NO2 nonattainment areas and no nonattainment plans are due. 
1/14/14 Draft Oklahoma’s SIP Submittal “Infrastructure” Checklist 1

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

DRAFT – DO NOT QUOTE OR CITE 

Oklahoma’s State Implementation Plan (SIP) Submittal “Infrastructure” Checklist 

CAA §110(a)(2)(A)-(M) Requirements in the Current SIP or Pending SIP Revisions 

Updated for the 2010 Primary Nitrogen Dioxide (NO2) National Ambient Air Quality Standard (NAAQS) 

On January 22, 2010, the U.S. Environmental Protection Agency (EPA) established a new 1-hour primary National Ambient Air Quality Standard 

(NAAQS) for nitrogen dioxide (NO2) [75 FR 6474, 2/9/10]. The federal Clean Air Act (CAA), requires each state to submit a State Implementation 

Plan (SIP) to provide for the implementation, maintenance, and enforcement of newly promulgated or revised NAAQS. A SIP identifies how that 

state will attain and/or maintain the primary and secondary NAAQS. The SIP contains state regulations, source-specific requirements, and nonregulatory items such as plans and inventories. The initial SIPs for states were approved by the EPA on May 31, 1972 (46 FR 40005). The 

Oklahoma Department of Environmental Quality (DEQ) is given the primary responsibility and authority to prepare and implement Oklahoma’s air 

quality management plan under the Oklahoma Environmental Quality Act and the Oklahoma Clean Air Act (see generally 27A Okla. Statutes (O.S.) 

§ 2-1-101, et seq.). The federally enforceable SIP for Oklahoma is compiled in 40 CFR Part 52, Subpart LL. Approval of additional SIP submittals 

is pending. The miscellaneous requirements of Section 110(a)(2)(A)-(M) of the federal CAA relevant to the NAAQS are addressed in the current 

SIP or pending SIP revisions. The following table summarizes where the applicable “infrastructure” requirements of Section 110(a)(2)(A)-(M) are 

addressed. 

SIPs are reviewed and revised by the state from time to time as necessary to accommodate changes in State and Federal statutes, rules, policies, and 

program requirements. CAA Section 110(a)(1) requires the state to review and revise the SIP as necessary. In addition to SIP revisions to address 

specific program requirements (e.g., PSD/NSR Program), EPA requires the state to demonstrate that the “... plan provides for implementation, 

maintenance and enforcement of ...” each NAAQS. In addition to a summary of infrastructure elements as they relate to the various existing 

NAAQS, the table lists any changes or pertinent information specific to the subject NAAQS change. 

This Submittal: 2010 Primary Nitrogen Dioxide (NO2) NAAQS 

In this I-SIP submittal, Oklahoma is demonstrating that it has adequate resources and authority to implement, maintain, and enforce the 2010 Primary 

Nitrogen Dioxide (NO2) NAAQS. This submittal was prepared under EPA’s September 2013 Guidance on Infrastructure State Implementation Plan 

(SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2) (“I-SIP Guidance”), and 40 CFR part 51, Appendix V – Criteria for 

Determining the Completeness of Plan Submissions. 
1/14/14 Draft Oklahoma’s SIP Submittal “Infrastructure” Checklist 2

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§110(a)(2)(A) –

Emission Limits 

and Other Control 

Measures

include enforceable emission limitations and 

other control measures, means, or techniques 

(including economic incentives such as fees, 

marketable permits, and auctions of emissions 

rights), as well as schedules and timetables for 

compliance as may be necessary or 

appropriate to meet the applicable 

requirements of this Act.

Oklahoma Environmental Quality Act (27A O.S. §§ 1-1-101 thru 1-4-107), 

Oklahoma Environmental Quality Code (27A O.S. §§ 2-1-101 thru 2-16-107) 

including the Oklahoma Clean Air Act (27A O.S. §§2-5-101 thru 117), and 

other relevant portions, Oklahoma Administrative Code (OAC ) 252:4, Rules 

of Practice and Procedure, and OAC 252:100, Oklahoma Air Pollution 

Control Rules. 

Oklahoma has an EPA-approved air permitting program for both major 

sources (OAC 252:100-8) and minor facilities (OAC 252:100-7). 

Several SIP revisions are pending. These include portions of the February 

14, 2002 SIP submittal (“Big SIP”); portions of the June 24, 2010 SIP 

submittal (SC-8 revision); the July 16, 2010 SIP submittal (excess 

emissions); portions of the July 23, 2010 SIP submittal (“Big SIP2”); the 

July 23, 2010 SIP submittal (NSR Reform); and the March 26, 2012 SIP 

submittal (GHG and PM2.5); as well as the annual SIP revisions for 2010 

(12/27/10), 2011 (2/6/12), and 2012 (2/4/13). 

The July 16, 2010 SIP submittal addressed EPA’s policy on excess 

emissions (e.g., SSM & variance/”director’s discretion” provisions) through 

the revision of OAC 252:100-9, Excess Emission Reporting Requirements. 

In the 9/6/13 Federal Register (78 FR 54816) EPA proposed approval of 

certain provisions of the submittal, limited approval and limited disapproval 

of certain other provisions with a finding of substantial inadequacy and 

proposed a SIP call. This proposal has not yet been finalized. 

Oklahoma has no maintenance areas.

40 CFR 52.1920 and 

52.1960 (c)(48)

This NAAQS Revision:

No specific enforceable emission limitations or other control measures, 

means, or techniques have been identified as necessary to attain or 

maintain the 2010 Primary Nitrogen Dioxide (NO2) NAAQS. OAC 252:100 

includes Subchapter 33, Control of Emission of Nitrogen Oxides (252:100-

33). The 7/23/2010 SIP submittal (“Big SIP2”) included changes to

Subchapter 33. At this time, it is not anticipated that OAC 252:100-33 will 

need to be revised as a result of the new NAAQS. Any particular issues or 

changes related to implementation of this NAAQS through Oklahoma’s 

permitting program would be addressed through a separate SIP 

submission.
1/14/14 Draft Oklahoma’s SIP Submittal “Infrastructure” Checklist 3

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§110(a)(2)(B) –

Ambient Air Quality 

Monitoring/Data 

System

provide for establishment and operation of 

appropriate devices, methods, systems, and 

procedures necessary to monitor, compile, and 

analyze data on ambient air quality, and upon 

request, make such data available to the 

Administrator; 

The Oklahoma Clean Air Act (27A O.S. §§2-5-101 thru 117) provides the 

authority to establish and operate ambient air quality monitors. OAC 

252:100-3, in conjunction with Appendices E and F, enumerates the 

NAAQS and PSD increments.

Oklahoma operates an air quality monitoring network consistent with EPA 

regulations (40 CFR Part 58), and regularly reports results to EPA under 

previously-approved SIP provisions. Each fiscal year, DEQ posts an 

Annual Network Review on its website for public review. Following the 30-

day public review period, DEQ evaluates and responds to any comments, 

and submits the Review to EPA region 6 monitoring staff for their review. 

Monitoring results may also be accessed through Oklahoma DEQ’s web site 

at:

http://www.deq.state.ok.us/aqdnew/monitoring/index.htm 

40 CFR 52.1920 and 

52.1960(c)(22)

This NAAQS Revision:

Oklahoma’s program has monitored nitrogen dioxide since the 1970’s. 

Oklahoma is on schedule with the updates to its air quality monitoring 

network necessary to implement the monitoring scheme required for the 

new NAAQS in accordance with EPA’s Revision to Ambient Nitrogen 

Dioxide Monitoring Requirements (78 FR 16184, 3/14/13). It is currently 

projected that operation of NO2 Near Road monitoring at one location will 

begin in May of 2014. Changes to reporting have been implemented as 

appropriate.
1/14/14 Draft Oklahoma’s SIP Submittal “Infrastructure” Checklist 4

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§110(a)(2)(C) –

Program for 

Enforcement of 

Control Measures

include a program to provide for the 

enforcement of the measures described in 

subparagraph (A) and regulation of the 

modification and construction of any stationary 

source within the areas covered by the plan as 

necessary to assure that national ambient air 

quality standards are achieved, including a 

permit program as required in parts C and D;

Oklahoma’s EPA-approved air permitting program includes appropriate 

enforcement authority and permitting for modification and construction of 

stationary sources. DEQ’s powers and duties to implement air quality 

programs (including implementing Oklahoma’s SIP) are described in 27A 

O.S. § 2-5-105, and include authority to “... [e]nforce rules of the Board and 

orders of the Department and the Council" (27A O.S. § 2-5-105(4)). More 

specific enforcement authorities are described throughout the Oklahoma 

Clean Air Act (27A O.S. §§ 2-5-101, et seq.), and in OAC 252:4-9, 

Administrative Proceedings. Oklahoma’s requirements for construction and 

operating permits for minor facilities and (minor) modifications to minor 

facilities are in OAC 252:100-7, Permits for Minor Facilities. The 

construction permit requirements for PSD and other major sources, and 

requirements for both major and minor modifications to PSD and other 

major sources, as well as requirements for the Part 70 (Title V) operating 

permit program, are in OAC 252:100-8, Permits for Part 70 Sources and 

Major New Source Review. OAC 252:4-7, Environmental Permit Process 

contains additional permit requirements.

The EPA interprets the portion of section 110(a)(2)(C) that pertains to a 

permitting program that applies to nonattainment NSR within nonattainment 

areas (CAA title I part D) to be outside the scope of the infrastructure SIP 

requirements and does not otherwise address it in the 2013 I-SIP Guidance. 

Although Oklahoma does not currently have any designated nonattainment 

areas or maintenance areas, Oklahoma's SIP contains the provisions for the 

NSR nonattainment area permitting program in OAC 252:100-8, Part 9. 

Major Sources Affecting Nonattainment Areas.

Changes to the permitting program are included in pending SIP revisions 

submitted on 2/14/02 (minor facility permitting), 7/23/10 (NSR Reform), 

12/28/10 (PSD Increment and NAAQS for Pb), 2/6/12 (GHG Tailoring and 

PM2.5 Implementation), and the 2/4/13 SIP submittal (2012 annual update). 

Note that Oklahoma’s PSD and Title V/Part 70 permitting program applies 

to sources that emit greenhouse gases (GHGs) in accordance with EPA’s 

tailoring rule, and subsequent narrowing of EPA’s approval of the PSD 

program.

40 CFR 52.1920 

40 CFR 52.1929

This NAAQS Revision:

No specific enforceable emission limitations or other control measures, 

means, or techniques have been identified as necessary to attain or 

maintain the 2010 Primary Nitrogen Dioxide (NO2) NAAQS. Any particular 

issues or changes related to implementation of this NAAQS through 

Oklahoma’s permitting, compliance, and enforcement programs (e.g., PSD) 

would be addressed through a separate SIP submission.
1/14/14 Draft Oklahoma’s SIP Submittal “Infrastructure” Checklist 5

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§110(a)(2)(D)(i) –

Interstate 

Transport 

Provisions

contain adequate provisions—

(i) prohibiting, consistent with the provisions 

of this title, any source or other type of 

emissions activity within the state from emitting 

any air pollutant in amounts which will--

(I) contribute significantly to nonattainment 

in, or interfere with maintenance by, any other 

state with respect to any such national primary 

or secondary ambient air quality standard, or

EPA's 2013 I-SIP guidance does not address interstate transport provisions 

which prohibit significant contribution to nonattainment in, or interfere with 

maintenance by, any other state with respect to the NAAQS. If necessary, 

the requirements in Section 110(a)(2)(D)(i)(I) will be handled in a separate 

Transport SIP.

However, Oklahoma's air quality control rule at OAC 252:100-8-35 requires 

major stationary sources to demonstrate that the source’s emissions would 

not cause or contribute to any increase in ambient concentrations that 

would exceed any NAAQS in any air quality control region. The State’s 

PSD program meets the basic requirements for implementing all NAAQS.

SIP revisions submitted on July 23, 2010 and February 6, 2012, which are 

still pending, contain modifications to 252:100-8-35.

EPA concluded that emissions from Oklahoma significantly contribute to 

interference with maintenance of the 8-hour 1997 Ozone NAAQS in another 

state and issued a Federal Implementation Plan (FIP) in a supplemental 

rule (76 FR 80760, 12/27/11) to the Transport Rule (aka Cross State Air 

Pollution Rule (76 FR 48208, 8/8/11)) requiring Oklahoma to participate in 

the NOX Ozone Season trading program. However, a December 30, 2011 

order of the U.S. Court of Appeals for the District of Columbia Circuit stayed 

the Transport Rule. On August 21, 2012, that Court vacated the Transport 

Rule and the Transport Rule FIPs and remanded them to EPA. The Court 

allowed CAIR to remain in effect until the promulgation of a valid 

replacement. Oklahoma is not covered under CAIR. On June 24, 2013 the 

Supreme Court granted EPA's request to review the lower court ruling that 

threw out the Transport Rule.

40 CFR 52.1920(e)

40 CFR 52.1930

40 CFR 52.1920(c)

This NAAQS Revision:

EPA designated all areas in the United States as unclassifiable/attainment 

for the 2010 Primary Nitrogen Dioxide (NO2) NAAQS based on monitored 

air quality data from calendar years 2008-2010,which indicated no violation 

of the NAAQS (77 FR 9532, 2/17/12). Therefore, sources in Oklahoma do 

not contribute significantly to nonattainment in, or interfere with 

maintenance by, any other state with respect to the 2010 Primary Nitrogen 

Dioxide (NO2) NAAQS.
1/14/14 Draft Oklahoma’s SIP Submittal “Infrastructure” Checklist 6

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§110(a)(2)(D)(i) –

Interstate 

Transport 

Provisions

contain adequate provisions—

(i) prohibiting, consistent with the provisions 

of this title, any source or other type of 

emissions activity within the state from emitting 

any air pollutant in amounts which will--

(II) interfere with measures required to be 

included in the applicable implementation plan 

for any other State under part C to prevent 

significant deterioration of air quality or to 

protect visibility, 

 

New major stationary sources and modifications are subject to a 

comprehensive PSD permitting program. Under OAC 252:100-8, Part 7, 

Oklahoma’s EPA-approved air permitting program includes pre-construction 

review of PSD sources, including review for impacts of emissions of all 

“regulated NSR pollutants,” and requires demonstration that any increase in 

emissions would not cause or contribute to any increase in ambient 

concentrations that would exceed any NAAQS in any air quality control 

region. EPA approved the portion of Oklahoma’s Transport SIP relating to 

§110(a)(2)(D)(i)(II) (PSD) for the 1997 Ozone and PM2.5 NAAQS on 

11/26/2010 (75 FR 72695). 

Oklahoma’s Regional Haze Implementation Plan Revision, (“RH SIP”), 

submitted in February 2010, describes Oklahoma’s measures to protect 

visibility and assure that emissions do not interfere with any other state’s 

measures to protect visibility. These measures include provisions in OAC 

252:100-8, Part 11. EPA partially approved and partially disapproved 

Oklahoma’s Regional Haze SIP on 12/28/11 (76 FR 81728) [See discussion 

under element §110(a)(2)(J) – PSD and Visibility Protection (Part C)]. EPA 

stated that the RH SIP did not incorporate some emission reductions that 

were relied on to demonstrate non-interference with other states’ visibility 

protections. In the same Federal Register notice, EPA also partially 

approved and partially disapproved portions of the Interstate Transport SIP 

for an Assessment of Oklahoma’s Impact on Downwind Nonattainment for 

the National Ambient 8-hour Ozone and PM2.5 Air Quality Standards

(“Transport SIP”), submitted 5/10/07 and supplemented 12/10/07, that 

address §110(a)(2)(D)(i)(II) with respect to protection of visibility. EPA 

issued a FIP requiring reduction of SO2 emissions for six units, and found 

that “... the controls under this FIP, in combination with the controls required 

by the portion of the Oklahoma RH submittal that we are approving, will 

serve to prevent sources in Oklahoma from emitting pollutants in amounts 

that will interfere with efforts to protect visibility in other states.” Oklahoma 

submitted a revision to its RH SIP and Transport SIP on 6/14/13 which is 

intended to replace the FIP as it relates to two of the six units concerned. 

This revision is pending. 

40 CFR 52.1920(c)

40 CFR 52.1920(e)

40 CFR 52.1920(e), 

52.1923, and 52.1928
1/14/14 Draft Oklahoma’s SIP Submittal “Infrastructure” Checklist 7

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

This NAAQS Revision:

Any specific nitrogen dioxide-related issues in Oklahoma’s permitting 

program (e.g., increments or significant impact levels) would be addressed 

through a separate submission.

NOX emissions react in the air to form fine particle pollution, which 

contributes to visibility impairment. Oklahoma’s Regional Haze 

Implementation Plan Revision, submitted in February 2010, includes 

reductions in NOx emissions for certain facilities, and demonstrates that 

Oklahoma’s PM2.5 emissions do not interfere with any other state’s 

measures to protect visibility. This portion approved by EPA on 12/29/11 (76 

FR 81838). 40 CFR 52.1920(e)
1/14/14 Draft Oklahoma’s SIP Submittal “Infrastructure” Checklist 8

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§110(a)(2)(D)(ii) –

Interstate and 

International 

Transport 

Provisions

contain adequate provisions—

(ii) insuring compliance with the applicable 

requirements of sections 126 and 115 (relating 

to interstate and international pollution 

abatement);

Oklahoma’s EPA-approved Title V Operating (and PSD) Program includes 

requirements for providing a notice of draft permit to affected states under 

OAC 252:100-8-8 (SIP revision approved 11/26/10 at 75 FR 72695). This 

notice meets the requirements of section 126 of the CAA. 

Evaluation requirements under the PSD Program are adequate to assure 

compliance with international pollution abatement requirements. There are 

no final findings under section 115 of the CAA against this State with 

respect to any existing NAAQS.

40 CFR 52.1920(c)

This NAAQS Revision:

No source or sources within Oklahoma are the subject of an active finding 

under section 126 of the CAA with respect to the 2010 Primary Nitrogen 

Dioxide (NO2) NAAQS. 

There are no final findings under section 115 of the CAA against this State 

with respect to this NAAQS.

Oklahoma does not anticipate that significant changes would be required to 

implement the 2010 Primary Nitrogen Dioxide (NO2) NAAQS.

§110(a)(2)(E)(i) –

Adequate 

Resources

provide 

(i) necessary assurances that the state (or, 

except where the Administrator deems 

inappropriate, the general purpose local 

government or governments, or a regional 

agency designated by the state or general 

purpose local governments for such purpose) 

will have adequate personnel, funding, and 

authority under state (and, as appropriate, 

local) law to carry out such implementation plan 

(and is not prohibited by any provision of 

federal or state law from carrying out such 

implementation plan or portion thereof);

Oklahoma has previously demonstrated that it currently has and will 

continue to have adequate personnel and other resources to carry out its air 

quality programs. The powers and duties of the Oklahoma Department of 

Environmental Quality (DEQ) to implement air quality programs (including 

implementing Oklahoma’s SIP) are described in 27A O.S. §2-5-105, and 

include authority to accept and expend funds necessary to carry them out. 

DEQ receives air quality program funds through state appropriations, permit 

application fees, annual operating fees, and Federal §103 & §105 (and 

other) grants. 

40 CFR 52.1920(e) and 

52.1960(c)(45)(i)

This NAAQS Revision:

Oklahoma will continue to provide the resources needed to carry out its air 

quality responsibilities. No significant additional personnel or other 

resources have been identified as required to implement the 2010 Primary 

Nitrogen Dioxide (NO2) NAAQS, except as otherwise noted.
1/14/14 Draft Oklahoma’s SIP Submittal “Infrastructure” Checklist 9

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§110(a)(2)(E)(ii) –

Adequate 

Resources (State 

Boards)

provide 

(ii) requirements that the state comply with 

the requirements respecting state boards under 

section 128, and

The Oklahoma Environmental Quality Code lays out the composition and 

powers & duties of the Environmental Quality Board (EQB) (27A O.S. §2-2-

101) and the Air Quality Advisory Council (27A O.S. §§2-2-201(H) and 2-5-

107). These powers & duties include their roles in promulgating DEQ rules, 

but do not include approving permits or enforcement orders under the CAA. 

The powers & duties and conflict of interest provisions for DEQ staff and 

Executive Director are described in 27A O.S. §2-3-101and 27A O.S. §2-3-

201, respectively.

40 CFR 52.1920(e) and 

40 CFR 52.1960(c)(17) 

and (45)(i)

This NAAQS Revision:

Oklahoma does not anticipate that significant changes would be required as 

a result of a change in a particular NAAQS, including the 2010 Primary 

Nitrogen Dioxide (NO2) NAAQS.

§110(a)(2)(E)(iii) –

Adequate 

Resources (Local 

or Regional

Implementation)

provide 

(iii) necessary assurances that, where the 

state has relied on a local or regional 

government, agency, or instrumentality for the 

implementation of any plan provision, the state 

has responsibility for ensuring adequate 

implementation of such plan provision;

Not Applicable.

§110(a)(2)(F) –

Stationary Source 

Monitoring System 

and Reporting

require, as may be prescribed by the 

Administrator—

(i) 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, 

(ii) periodic reports on the nature and 

amounts of emissions and emissions-related 

data from such sources, and

(iii) correlation of such reports by the state 

agency with any emission limitations or 

standards established pursuant to this Act, 

which reports shall be available at reasonable 

times for public inspection; 

Source emissions monitoring requirements are addressed in OAC 252:100-

43, Testing, Monitoring and Recordkeeping.

Source emissions inventory requirements are addressed in OAC 252:100-5, 

Registration of Air Contaminant Sources.

Area, mobile, and non-road data are reported to EPA on a 3-year cycle.

OAC 252:100, Air Pollution Control; OAC 252:4-1-5, Availability of a 

Record; 51 O.S. §§24A.1 et seq, Oklahoma Open Records Act.

40 CFR 52.1960(c) (48)

40 CFR 52.1920(c)

40 CFR 52.1920(c)

This NAAQS Revision:

Oklahoma does not anticipate that significant changes would be required as 

a result of a change in a particular NAAQS, including the 2010 Primary 

Nitrogen Dioxide (NO2) NAAQS.
1/14/14 Draft Oklahoma’s SIP Submittal “Infrastructure” Checklist 10

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§110(a)(2)(G) –

Emergency 

Episodes

provide for authority comparable to that in 

section 303 and adequate contingency plans to 

implement such authority;

Chapter 6 of Oklahoma’s SIP sets forth the state’s Emergency Episode Plan 

(EEP), as required under §110(a)(2)(G) and 40 CFR Part 51, Subpart H –

Prevention of Air Pollution Emergency Episodes and, along with provisions 

included in the February 2002 SIP update, describes and implements State 

authority comparable to that in section 303. (For the purpose of EEPs, 40 

CFR § 51.150 classifies regions separately with respect to the following 

pollutants: Sulfur oxides, particulate matter, carbon monoxide, nitrogen 

dioxide, and ozone.) 

As indicated in 40 CFR §§52.1934 and 1960(c)(38), EPA approved the plan 

as submitted in 1972 and revised in 1988. 

40 CFR 52.1934 and 

52.1960(c)(38)

This NAAQS Revision:

The measures in place in Oklahoma’s approved EEP are adequate to 

address an emergency episode and do not need to be updated due to the 

2010 Primary Nitrogen Dioxide (NO2) NAAQS. Note that all areas in 

Oklahoma are classified as Priority III for nitrogen dioxide for EEP purposes,

and under 40 CFR Part 51, Subpart H does not require a contingency plan

for Priority III areas.
1/14/14 Draft Oklahoma’s SIP Submittal “Infrastructure” Checklist 11

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§110(a)(2)(H) –

Future SIP 

Revisions

provide for revision of such plan—

(i) from time to time as may be necessary to 

take account of revisions of such national 

primary or secondary ambient air quality 

standard or the availability of improved or more 

expeditious methods of attaining such standard, 

and 

(ii) except as provided in paragraph (3)(C), 

whenever the Administrator finds on the basis 

of information available to the Administrator that 

the plan is substantially inadequate to attain the 

national ambient air quality standard which it 

implements, or to otherwise comply with any 

additional requirements established under this 

Act; 

Under authority of OAC 252:100-3-2 and 100-3-3, Appendices E and F of 

OAC 252:100 enumerate the primary and secondary air quality standards 

(NAAQS), respectively. 

DEQ’s powers and duties to implement air quality programs (including 

implementing Oklahoma’s SIP) are described in 27A O.S. §2-5-105, and 

include authority to:

“3. Prepare and develop a general plan for proper air quality 

management in the state in accordance with the Oklahoma Clean Air 

Act;” 

and 

“20. Carry out all other duties, requirements and responsibilities 

necessary and proper for the implementation of the Oklahoma Clean Air 

Act and fulfilling the requirements of the Federal Clean Air Act.” 

[27A O.S. §2-5-105(3) and (20)] 

Any substantive changes to Oklahoma’s SIP, such as NAAQS updates and 

resulting program modifications, are initiated through the rulemaking 

process, which includes agency, public, gubernatorial, and legislative review 

processes. Public notice is provided (published/posted) for all steps in the 

rulemaking process, in accordance with the state Administrative Procedures 

Act (75 O.S. §§ 250.1 through 323), Open Records Act (51 O.S. §§ 24A.1 

through 24A.29), and Open Meetings Act (25 O.S. §§ 301 through 314), 

along with corresponding DEQ and state procedural rules. The notices 

include the opportunity to provide comments prior to and at the public 

hearing before the Air Quality Advisory Council and at the public hearing 

before the Environmental Quality Board. 

Documentation of these changes, along with documentation of any 

implementation or infrastructure changes, is then submitted by the Governor 

to EPA as a SIP revision. This process is followed regardless of whether it 

results from a NAAQS update or a finding by the Administrator. State 

public participation procedures for SIP submittals that do not include 

rulemaking were submitted to EPA on 8/17/12 for review. In a letter dated 

8/23/12, EPA concurred that they are consistent with the requirements of 40 

CFR §51.102 and associated guidance.

40 CFR 52.1920 and 

52.1960; 

This NAAQS Revision:

Appendix E of OAC 252:100 was updated to incorporate the 2010 Primary 

Nitrogen Dioxide (NO2) NAAQS effective 7/1/11. The updated Appendix E 

was submitted as a SIP revision in February 2012.

This SIP submittal fulfills the stated requirement.
1/14/14 Draft Oklahoma’s SIP Submittal “Infrastructure” Checklist 12

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§110(a)(2)(I) –

Nonattainment 

Area Plan 

Requirements

in the case of a plan or plan revision for an area 

designated as a nonattainment area, meet the 

applicable requirements of part D (relating to 

nonattainment areas);

Not applicable. EPA’s 2013 I-SIP Guidance interprets the requirements of 

section 110(a)(2)(I) that pertain to specific requirements for attainment plans 

for designated nonattainment areas, to be outside the scope of the I-SIP 

requirements.

§110(a)(2)(J) –

Consultation with 

Government 

Officials (§ 121)

meet the applicable requirements of section 

121 ... (relating to consultation), ...

Oklahoma’s approved SIP includes established consultation with various

entities. 27A O.S. §2-5-105 of the Oklahoma Clean Air Act specifically 

gives the DEQ the authority to advise, consult, and cooperate with other 

agencies of the State, towns, cities and counties, industries, other states 

and the federal government, and with affected groups in the prevention and 

control of new and existing air contamination sources within the State. 

Oklahoma does not anticipate that significant changes would be required as 

a result of a change in a particular NAAQS.

40 CFR 52.1920 and 

52.1960

§110(a)(2)(J) –

Public Notification 

(§ 127)

meet the applicable requirements of ... section 

127 ... 

Public notification procedures to meet the requirements of CAA Section 127 

are established in Oklahoma’s SIP. DEQ provides notification of ambient air 

concentration levels for all NAAQS through its annual Air Data Reports, 

forecasting reports, and health advisories.

40 CFR 52.1920 and 

52.1960

This NAAQS Revision:

The 2010 Primary Nitrogen Dioxide (NO2) NAAQS is included in 

Oklahoma’s SIP public notification requirements. DEQ provides notification 

of nitrogen dioxide concentration levels through its annual Air Data Reports. 

Oklahoma does not anticipate that any significant public notification 

changes would be required to implement this NAAQS.
1/14/14 Draft Oklahoma’s SIP Submittal “Infrastructure” Checklist 13

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§110(a)(2)(J) –

PSD and Visibility 

Protection (Part C)

meet the applicable requirements of ... part C 

... (relating to prevention of significant 

deterioration of air quality and visibility 

protection);

Oklahoma’s EPA-approved PSD permitting program, which addresses all 

regulated NSR air pollutants, operates under OAC 252:100-8, Part 7 –

Prevention of Significant Deterioration (PSD) Requirements for Attainment 

Areas; the existing PSD delegation agreement; and approved and pending 

portions of the SIP. 

Oklahoma’s Regional Haze Implementation Plan Revision (“RH SIP”), 

submitted in February 2010 and amended in a revision submitted 6/14/13, 

describes Oklahoma’s measures to protect visibility, including provisions in 

OAC 252:100-8, Part 11. EPA approved core elements of the Regional 

Haze SIP on 12/28/11 (76 FR 81728). EPA disapproved Oklahoma’s Best 

Available Retrofit Technology (BART) determinations for several emissions 

units, and issued a Federal Implementation Plan covering those units.

In the 2013 I SIP guidance, EPA stated the belief that there are no new 

visibility protection requirements under CAA part C that would result from a 

revised NAAQS. Therefore, the visibility sub-element of Element J need not 

be addressed in an infrastructure SIP submission.

40 CFR 52.1920(c)

40 CFR 52.1920(c) & (e), 

52.1923, and 52.1928

This NAAQS Revision:

Specific issues or changes related to implementation of the 2010 Primary 

Nitrogen Dioxide (NO2) NAAQS through Oklahoma’s PSD permitting 

program would be addressed through a separate SIP submission.

As noted, no visibility protection obligations under section 110(a)(2)(J) are 

anticipated as a result of this NAAQS.

§110(a)(2)(K) –

Air Quality 

Modeling/Data

provide for:

(i) the performance of such air quality 

modeling as the Administrator may prescribe 

for the purpose of predicting the effect on 

ambient air quality of any emissions of any air 

pollutant for which the Administrator has 

established a national ambient air quality 

standard, and 

(ii) the submission, upon request, of data 

related to such air quality modeling to the 

Administrator;

Oklahoma conducts air quality modeling to support its demonstrations of 

attainment, and reports results to EPA. Oklahoma will continue to update 

modeling protocols as appropriate to accommodate evolving program 

requirements and standards. 

Oklahoma currently has no designated nonattainment areas. Source 

modeling requirements are also included in the PSD permitting program in 

OAC 252:100-8-35.

40 CFR 52.1920 and 

52.1960

This NAAQS Revision:

Oklahoma’s source-oriented dispersion modeling program includes use of 

models such as AERMOD, which has been identified1as the most 

appropriate for implementing the 2010 Primary Nitrogen Dioxide (NO2) 

NAAQS under current protocols.

 

1

 Memo dated 6/28/10 from Tyler Fox, EPA OAQPS, regarding the applicability of 40 CFR Part 51, Appendix W modeling guidance. 
1/14/14 Draft Oklahoma’s SIP Submittal “Infrastructure” Checklist 14

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§110(a)(2)(L) –

Permitting Fees

require the owner or operator of each major 

stationary source to pay to the permitting 

authority, as a condition of any permit required 

under this Act, a fee sufficient to cover—

(i) the reasonable costs of reviewing and 

acting upon any application for such a permit, 

and 

(ii) if the owner or operator receives a permit 

for such source, the reasonable costs of 

implementing and enforcing the terms and 

conditions of any such permit (not including any 

court costs or other costs associated with any 

enforcement action), until such fee requirement 

is superseded with respect to such sources by 

the Administrator's approval of a fee program 

under title V; 

27A O.S. §2-5-106 authorizes the DEQ through the EQB to promulgate 

rules regarding permit fees and 27A O.S. § 2-5-113 establishes that the 

owner or 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 

Quality permit program. Oklahoma’s EPA-approved Title V Operating 

Program includes permit application fees and annual operating fees under 

OAC 252:100-8-1.7 and 100-5-2.2, respectively (formerly Regulation 

1.4.1(d) Permit fees) 

40 CFR 52.1920(c)

40 CFR 

52.1960(c)(48)(ii)(A)

This NAAQS Revision:

Oklahoma does not anticipate that significant changes would be required to 

implement the 2010 Primary Nitrogen Dioxide (NO2) NAAQS.
1/14/14 Draft Oklahoma’s SIP Submittal “Infrastructure” Checklist 15

2010 Primary Nitrogen Dioxide (NO2) NAAQS Update 

Section 110(a)(2) 

Element

Summary of Element

(Statutory Language)

Provisions in State statutes and rules, and the Current SIP or 

Recent SIP Revision Submittals

Where Codified or 

Approved by EPA

§110(a)(2)(M) –

Consultation/ 

Participation by 

Affected Local 

Entities

provide for consultation and participation by 

local political subdivisions affected by the plan.

Oklahoma’s approved SIP includes established opportunities for 

consultation and participation by local political subdivisions affected by 

Oklahoma’s SIP. 

DEQ’s powers and duties to implement air quality programs (including 

implementing Oklahoma’s SIP) described in 27A O.S. §2-5-105 authorizes 

the DEQ to advise, consult and cooperate with other agencies of the State, 

towns, cities and counties, industries, other states and the federal 

government, and with affected groups in the prevention and control of new 

and existing air contamination sources within the State. The powers and 

duties of the Air Quality Advisory Council, as listed in 27A O.S. §2-5-107, 

include the “... authority and discretion to provide a public forum for the 

discussion of issues it considers relevant to the air quality of the state, and 

to ... hold public hearings to receive public comment in fulfillment of federal 

requirements regarding the [SIP] and make recommendations to the [DEQ]

concerning the [SIP] ...”

Any substantive changes to Oklahoma’s SIP, such as NAAQS updates and 

resulting program modifications, are initiated through the rulemaking 

process, which includes public notice and hearing procedures. (See the 

Oklahoma Administrative Procedures Act [75 O.S. §§ 250 – 323], DEQ 

procedural rules in OAC 252:4, and procedures approved under 40 

CFR§51.102(g).) Documentation of these changes, along with 

documentation of any implementation or infrastructure changes, is then 

submitted to EPA as a SIP revision. 

Oklahoma does not anticipate that significant changes would be required as 

a result of a change in a particular NAAQS.

40 CFR 52.1920 and 

52.1960