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BRADIIENRY

GOVERNOR

STATE OFOKLAHOMA

OFFICE OF THE

SECRETARY OF ENVIRONMENT

J.D. 8l'RONG

SECRETARY OF ENVIRONMENT

June 24,2010

Dr. Alfredo Armendariz, Regional Administrator (6RA)

. U.S. Environmental Protection Agency - Region VI

1445 Ross Avenue, Suite 1200

Dallas, TX 75202-2733

Subject: Certification of SIP Elements for 1997 PM2.5 NAAQS under Clean Air Act

Sections 11O(a)(l)-(2)

Dear Dr. Armendariz:

In a letter to Mr. Lawrence Starfield, Acting Regional Administrator, U.S. Environmental

Protection Agency, dated April 8, 2009, Governor Brad Henry appointed me as his

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.

Section 11O(a)(l) and (2) of the Clean Air Act required that states revise their SIP

following EPA's 1997 promulgation of a new PM2.

5 National Ambient Air Quality

Standards (NAAQS). EPA issued the "Guidance on SIP Elements Required Under

Sections 11O(a)(I) and (2) for the 1997 8-hour Ozone and PM2.5 National Ambient Air

Quality Standards," on October 2,2007. Under this guidance, states may certify that their

existing SIPs meet the "infrastructure" elements of Section 1l0(a)(2), rather than

submitting a revised SIP for the PM2.5 NAAQS.

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

"Oklahoma's PM2.5 State Implementation Plan (SIP) Submittal Completeness Criteria

Checklist," Oklahoma's SIP meets the infrastructure obligations for the PMz.5 standard. 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.

This letter and its supporting documentation do not address section 11O(a)(2)(I), which

pertains to the nonattainment planning requirements of Title I, Part 0 of the Clean Air

Act and is not governed by the three year SIP submission deadline under section

11O(a)(1), because Oklahoma currently has no PMz.5 nonattainment areas and no

nonattainment plans due.

3800 North Classen Boulevard Oklahoma City, Oklahoma 73118

(405) 530-8995 fax (405) 530-8999
Dr. Alfredo Armendariz

June 24, 2010

Note that this submittal also does not address the 2006 24-hour PM2,s NAAQS.

Oklahoma intends to address the 2006 PM2,s NAAQS in a separate submittal, which will

consider EPA's "Guidance on SIP Elements Required Under Sections 11O(a)(l) and (2)

for the 2006 24-hour Fine Particle (PM2,s) National Ambient Air Quality Standards

(NAAQS)," issued on September 25,2009.

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

Department of Environmental Quality at (405) 702-4154.

.i:» ~~- Secretary of Environment

Enclosures

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

Eddie Terrill, Director, DEQ Air Quality Division

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

Jeff Robinson, Section Chief, Air Permits, EPA Region VI (6PD-R)

ec: Carl Young, Air Planning Section, EPA Region VI (6PD-L)

Carrie Paige, Air Planning Section, EPA Region VI (6PD-L)
Oklahoma's PM2.

5 State Implementation Plan (SIP) Submittal Checklist

1997 PM2.5 National Ambient Air Quality Standard

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

The federally enforceable State Implementation Plan (SIP) for Oklahoma is compiled in 40 CFR Part 52 Subpart LL. Revisions to Oklahoma's SIP

submitted in 2002 received approval on December 29,2008. Approval of additional submittals is still pending. Many ofthe miscellaneous

requirements of Section 110(a)(2)(A)-(M) ofthe Clean Air Act (CAA) relevant to the fine particulate (PM2.5) National Ambient Air Quality

Standards (NAAQS) are already contained in the current SIP or pending SIP revisions. The following table summarizes where these requirements of

Section 110(a)(2)(A)-(M) are addressed.

Section 110(a)(2) Summary of Element Provisions in the Current SIP or Recent SIP Revision Where Codified or

Element (Statutory Language) Submittals Approved by EPA

§110(a)(2)(A) ) - include enforceable emission limitations and Oklahoma Clean Air Act (27A O.S. §§2-5-101 thru 117) & Oklahoma 40 CFR 52.1920 and

Emission Limits and other control measures, means, ortechniques Administrative Code (OAC) 252:100, Oklahoma Air Pollution Control Rules 52.1960(c)(48)

Other Control (including economic incentives such as fees,

Measures marketable permits, and auctions of emissions Oklahoma has an EPA-approved air permitting program for both major and

rights), as well as schedules and timetables minor facilities.

for compliance as may be necessary or

appropriate to meet the applicable February 2002 SIP submittal ("Big SIP") approved 12/29/2008; Additional 73 FR 79400

requirements of this Act. SIP revisions pending

Oklahoma has no maintenance areas.

§11O(a)(2)(B) - provide for establishment and operation of Oklahoma operates an air quality monitoring network consistent with EPA 40 CFR 52.1960(c)(22)

Ambient Air Quality appropriate devices, methods, systems, and regulations (40 CFR Part 58), and regularly reports results to EPA. The 46 FR 40005

MonitoringlData procedures necessary to monitor, compile, program has monitored PM2.5 since 1999. PM2.5 data is updated in EPA's

System and analyze data on ambient air quality, and Air Quality System (AQS) database quarterly. Monitoring results may be

upon request, make such data available to the accessed through Oklahoma DEQ's web site at:

Administrator; http://www.deg.state.ok.us/agdnew/monitoring/index.htm

6/24/2010 1
Oklahoma's PM2.5 SIP Submittal Checklist - 1997 PM2.5 NAAQS

Section 110(a)(2) Summary of Element Provisions in the Current SIP or Recent SIP Revision Where Codified or

Element (Statutory Language) Submittals Approved by EPA

§110(a)(2)(C) )- include a program to provide for the Oklahoma's EPA-approved air permitting program includes appropriate 40 CFR 52.1920

Program for enforcement ofthe measures described in enforcement authority and permitting for modification and construction of

Enforcement of subparagraph (A) and regulation of the stationary sources. Any specific PM2.s-related issues related to Oklahoma's

Control Measures modification and construction ofany stationary permitting (e.g., PSD) program would be addressed through a separate

source within the areas covered by the plan submission.

as necessary to assure that national ambient

air quality standards are achieved, including a Note: EPA has proposed to end the use of their 1997 PM1Q Surrogate Policy

permit program as required in parts C and D; (75 FR 6287).

§110(a)(2)(D) ) - contain adequate provisionsInterstate Transport

Provisions (i) prohibiting, consistent with the provisions The Interstate Transport SIP for an Assessment of Oklahoma's Impact on

ofthis title, any source or other type of Downwind Nonattainment for the National Ambient 8-hour Ozone and PM2.5

emissions activity within the state from Air Quality Standards, submitted to EPA in May 2007 (including

emitting any airpollutant in amounts which supplemental information submitted in November 2007), demonstrates that

will-- Oklahoma does not have a significant impact on PM2.5 nonattainment for

(I) contribute significantly to nonattainment any other state. This "Transport SIP" also demonstrates that Oklahoma

in, or interfere with maintenance by, any other does not interfere with any other state's measures to prevent significant

state with respect to any such national primary deterioration of air quality.

or secondary ambient air quality standard, or

(II) interfere with measures required to be Oklahoma's Regional Haze Implementation Plan Revision. submitted to

included in the applicable implementation plan EPA in February 2010, demonstrates that Oklahoma's PM2.S emissions do

for any other State underpart C to prevent not interfere with any other state's measures to protect visibility.

significant deterioration ofair quality orto

protect visibility,

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

(ii) insuring compliance with the applicable requirements for providing a notice of draft permit to affected states under

requirements ofsections 126 and 115 OAC 252:100-8-8 (SIP revision approval pending). Evaluation requirements

(relating to interstate and intemational under the PSD Program are adequate to assure compliance with

pollution abatement); international pollution abatement requirements.

6/24/2010 2
Oklahoma's PM2.5 SIP Submittal Checklist-1997 PM2.5 NAAQS

Section 110(a)(2) Summary of Element Provisions in the Current SIP or Recent SIP Revision Where Codified or

Element (Statutory Language) Submittals Approved by EPA

§11O(a)(2)(E)(i) - provide Oklahoma has previously demonstrated adequate personnel and other 40 CFR 52.1920(e) and

Adequate (i) necessary assurances that the state (or, resources to carry out its air quality programs. The powers and duties of the 52.1960(c)(45)(i)

Resources except where the Administrator deems Oklahoma Department of Environmental Quality (DEQ) to implement air 47 FR 20771 and 59 FR

inappropriate, the general purpose local quality programs (including implementing Oklahoma's SIP) are described in 32365

govemment or govemments, or a regional 27A OS 2-5-105, and include authority to accept and expend funds

agency designated by the state or general necessary to carry them out, DEQ receives air quality program funds

purpose local govemments for such purpose) through state appropriations, permit application and annual operating fees,

will have adequate personnel, funding, and and Federal §103 & §105 (and other) grants.

authority under state (and, as appropriate, We do not anticipate that significant additional personnel or other resources

local) law to carry out such implementation would be required to implement the PM2.5 NMQS. However, Oklahoma will

plan (and is not prohibited by any provision of continue to provide the resources needed to carry out its air quality

federal or state law from carrying out such responsibilities.

implementation plan orportion thereof);

§110(a)(2)(E)(ii) - provide The Oklahoma Environmental Quality Code lays out the composition and 40 CFR 52.1920(e) and

Adequate (ii) requirements that the state comply with powers & duties of the Environmental Quality Board (27A OS 2-2-101) and 40 CFR 52.1960(c)(17)

Resources (State the requirements respecting state boards the Air Quality Advisory Council (27A OS 2-2-201 (H) and 2-5-107). These and (45)(i)

Boards) under section 128, and powers & duties include their roles in promulgating DEQ rules, but do not 47 FR 20771 and 59 FR

include approving permits or enforcement orders under the CM. The 32365

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

Executive Director are described in 27A OS 2-3-101 and 27A OS 2-3-201,

respectively.

§11O(a)(2)(E)(iii) - provide Not Applicable.

Adequate (iii) necessary assurances that, where the

Resources (Local or state has relied on a local orregional

Regional govemment, agency, orinstrumentality for the

Implementation) implementation of any plan provision, the state

has responsibility for ensuring adequate

implementation of such plan provision;

6/24/2010 3
Oklahoma's PM2.5 SIP Submittal Checklist - 1997 PM2.5 NAAQS

Section 110(a)(2) Summary of Element Provisions in the Current SIP or Recent SIP Revision Where Codified or

Element (Statutory Language) Submittals Approved by EPA

§110(a)(2)(F» - require, as may be prescribed by the 40 CFR 52.1960(c) (48)

Stationary Source AdministratorMonitoring System

(i) the installation, maintenance, and OAC 252:100-43, Sampling and Testing

replacement ofequipment, and the OAC 252: 100-45, Monitoring of Emissions

implementation ofother necessary steps by

owners or operators of stationary sources to

monitor emissions from such sources,

(ii) periodic reports on the nature and OAC 252:100-5, Registration of Air Contaminant Sources and pending SIP

amounts ofemissions and emissions-related Revisions

data from such sources, and

(iii) correlation of such reports by the state Area, mobile, and non-road data are reported on a 3-year cycle.

agency with any emission limitations or

standards established pursuant to this Act, OAC 252:100, Air Pollution Control; OAC 252:4-1-5, Availability of a

which reports shall be available at reasonable Record; and pending SIP Revisions

times for public inspection;

§110(a)(2)(G) - provide for authority comparable to that in Chapter 6 of Oklahoma's SIP sets forth the state's Emergency Episode Plan 40 CFR 52.1934 and

Emergency section 303 and adequate contingency plans (EEP), as required under §110(a)(2)(G) and 40 CFR Part 51, Subpart H 73 FR 79400

Episodes to implement such authority; and, along with the February 2002 SIP update, describes and implements

State authority comparable to that in section 303..

As indicated in 40 CFR §52.1934, EPA approved the plan as submitted in

1972 and revised in 1988. The plan currently addresses particulate matter

measured as PM1Q. Although the plan does not currently specifically

address PM2.5, the measures in place are adequate to address a particulate

matter emergency episode.

Guidance provided by EPA (dated 3/2412008) expresses EPA's intent to

propose a Significant Harm Level (SHL) for PM2.5 of 500 IJg/m3 (24-hour

maximum), with Priority I (& IA~ and II classification levels of 210.5 - 280.4

1J9/m3 and 140.5 - 210.4 IJg/m , respectively. Oklahoma's EEP will be

updated once EPA has promulgated the SHL for PM2.5 in 40 CFR §51.151

and the priority classification levels in 40 CFR §51.150, as well as the

episode criteria in Appendix L to Part 51. It should be noted that the highest

monitored PM2.5 value for the previous 3 years (2006 to 2008) was 46.9

1J9/m3, well below the proposed Priority II classification level. Therefore a

PM2.5 contingency plan would not be required for any region of Oklahoma.

6/24/2010 4
Oklahoma's PM2.5 SIP Submittal Checklist-1997 PM2.5 NAAQS

Section 110(a)(2) Summary of Element Provisions in the Current SIP or Recent SIP Revision Where Codified or

Element (Statutory Language) Submittals Approved by EPA

§110(a)(2)(H) ) - provide for revision ofsuch pla~ Appendices E and F of OAC 252:100 were updated to incorporate the PM2.5 40 CFR 52.1920/1960;

Future SIP (i) from time to time as may be necessary to NAAQS, effective 6/1/1999. This SIP submittal fulfills the stated 73 FR 79400, 12129/2008

Revisions take account ofrevisions ofsuch national requirement.

primary or secondary ambient air quality

standard or the availability ofimproved or

more expeditious methods ofattaining such

standard, and

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

whenever the Administrator finds on the basis

ofinformation 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;

§110(a)(2)(I) - in the case of a plan orplan revision for an Not applicable

Nonattainment Area area designated as a nonattainment area,

Plan Requirements meet the applicable requirements ofpari D

(relating to nonattainment areas);

§110(a)(2)(J) - meet the applicable requirements of section Approved SIP includes established consultation with various federal, local, 40 CFR 52.1920/1960

Consultation with 121 ... (relating to consultation), ... regional, and state agencies. We do not anticipate that significant changes

Government would be required to implement the PM2.5 NAAQS.

Officials (§ 121))

§110(a)(2)(J) - meet the applicable requirements of ... section The PM2.5 NAAQS has been incorporated into the public notification 40 CFR 52.1920/1960

Public Notification 127 ... procedures established in Oklahoma's SIP to meet the requirements of CAA

(§127) Section 127. DEQ provides notification of PM2.5concentration levels

through its forecasting reports and health advisories

§110(a)(2)(J) - meet the applicable requirements of ... pari C Regulation 1.4.4 Major Sources - Prevention of Significant Deterioration 40 CFR 52.1960(c)(48)(ii)

PSD and Visibility ... (relating to prevention ofsignificant (PSD) Requirements for Attainment Areas

Protection (Part C) deterioration ofair quality and visibility

protection); OAC 252:100-8, Part 7 - SIP revision pending

6/24/2010 5
Oklahoma's PM2.5SIP Submittal Checklist - 1997 PM2.5 NAAQS

Section 110(a)(2) Summary of Element Provisions in the Current SIP or Recent SIP Revision Where Codified or

Element (Statutory Language) Submittals Approved by EPA

§110(a)(2)(K) - provide for: Oklahoma conducts air quality modeling to demonstrate attainment and 40 CFR 52.1920/1960

Air Quality (i) the performance ofsuch air quality reports results to EPA. Oklahoma has no nonattainment areas. Source

ModelinglData modeling as the Administrator may prescribe modeling requirements are also included in the PSD permitting program.

for the purpose ofpredicting the effect on

ambient air quality of any emissions ofany air Oklahoma's modeling program includes modeling for PM1Q, and, per EPA's

pollutant for which the Administrator has 1997 PM10 Surrogate Policy, these protocols are used to assess PM2.5 while

established a national ambient air quality continuing to update the protocol as appropriate to accommodate PM2.5.

standard, and

(ii) the submission, upon request, of data Note: EPA has proposed to end the use of their surrogate policy (75 FR

related to such air quality modeling to the 6287).

Administrator;

§110(a)(2)(L) - require the owner or operator of each major Oklahoma's EPA-approved Title V Operating Program includes permit 40 CFR

Permitting Fees stationary source to pay to the permitting application and annual operating fees under OAC 252:100-8 -1.7 and 100- 52.1960(c)(48)(ii)(A)

authority, as a condition ofany permit required 5-2.2, respectively (formerly Regulation 1.4.1(d) Permit fees)

under this Act, a fee sufficient to cover- 61 FR 4220

(i) the reasonable costs ofreviewing and 66 FR 63170

acting upon any application for such a permit,

and

(ii) ifthe 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 Administrators approval

of a fee program under title V;

§110(a)(2)(M) - provide for consultation and participation by Approved SIP includes established opportunities for consultation and 40 CFR 52.1920/1960

Consultationl local political subdivisions affected by the plan. participation by local political subdivisions affected by Oklahoma's SIP. We

Participation by do not anticipate that significant changes would be required to implement

Affected Local the PM2.5 NMOS.

Entities

6/24/2010 6