1

Technical Support Document

Oklahoma Permits SIP Revisions

EPA’s Evaluation of Revisions to the PSD Permitting Provisions 

in the Oklahoma SIP for PM2.5 Emissions at 

OAC 252:100, Subchapter 8 – Permits for Part 70 Sources

Submitted on: February 6, 2012

July 18, 2016

FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, United States Environmental 

Protection Agency Region 6, Air Permits Section (6MM-AP), 1445 Ross Avenue, Dallas, Texas 

75202-2733, (214) 665-2115. 
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Contents

I. Executive Summary............................................................................................................ 3

II. Technical Evaluation of the February 6, 2012 Oklahoma SIP Submittal........................... 6

A. Evaluation of the February 6, 2012, Oklahoma SIP Submittal with respect to the Part 51, 

Appendix V Completeness Checklist ................................................................................. 6

B. Evaluation of the February 6, 2012, Oklahoma SIP submittal with respect to the federal 

requirements PSD Permitting ........................................................................................... 11

1. Background of Federal Actions.................................................................................. 11

2. Evaluation of OAC 252:100-8-33. Exemptions.......................................................... 13

3. Evaluation of OAC 252:100-8-35. Air Quality Impact Evaluation............................ 14

C. Evaluation of the February 6, 2012, Oklahoma SIP submittal with respect to section 

110(l) of the CAA ............................................................................................................. 15

III. Conclusion ........................................................................................................................ 17
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I. Executive Summary

This Technical Support Document (TSD) reviews severable portions of one revision to the 

Oklahoma State Implementation Plan (SIP) for major source permitting in attainment areas under 

the Clean Air Act. This review will determine if the revisions to the Oklahoma SIP are consistent 

with the requirements of the CAA and EPA’s regulations, policy and guidance.

This TSD reviews only the voluntary exemptions to PSD permitting of emissions of PM2.5

submitted by the State of Oklahoma on February 6, 2012. Specifically, this TSD only addresses 

the provisions that establish the PM2.5 Significant Impact Levels (SILs) and the PM2.5 Significant 

Monitoring Concentration (SMC). The remainder of the February 6, 2012 submittal is being 

addressed by the EPA in a separate rulemaking.

Table 1 below identifies the disposition of each submitted provision.

Table 1: Summary of the Oklahoma Revisions Submitted February 6, 2012

Section Title Date Submitted to 

EPA

Adopted by State Comments

OAC 252:100-1-3 General Provisions, 

Definitions

February 6, 2012 February 25, 2011 EPA proposed 

approval on 

06/30/2016. See 81 

FR 42587.

OAC 252:100-1-4 General Provisions, 

Units, abbreviations 

and acronyms

February 6, 2012 February 25, 2011 EPA proposed 

approval on 

06/30/2016. See 81 

FR 42587.

OAC 252:100-3-4 Air Quality 

Standards and 

Increments, 

Significant 

deterioration 

increments

February 6, 2012 February 25, 2011 EPA proposed 

approval on 

06/30/2016. See 81 

March 30, 2005 FR 42587.

OAC 252:100-7-2.1 Permits for Minor 

Facilities, Minor 

permits for 

greenhouse gas 

(GHG) emitting 

facilities

February 6, 2012 February 25, 2011 EPA proposed 

disapproval on 

January 11, 2016. 

See 81 FR 1141.

EPA finalized 

disapproval on May 

23, 2016. See 81 FR 

32239.

OAC 252:100-8-2 Permits for Part 70 

Sources, Definitions

February 6, 2012 February 25, 2011 Will be addressed 

by EPA in a 

separate proposed 

action. 

OAC 252:100-8-31 PSD, Definitions February 6, 2012 February 25, 2011 EPA proposed 

disapproval on 

January 11, 2016, of 

the severable 

portions of the 

definition of 

“subject to 

regulation” at OAC 
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Table 1: Summary of the Oklahoma Revisions Submitted February 6, 2012

Section Title Date Submitted to 

EPA

Adopted by State Comments

252:100-8-31 

pertaining to the 

permitting of Step 

2, non-anyway 

sources. See 81 FR 

1141.

EPA finalized this 

disapproval on May 

23, 2016. See 81 FR 

32239.

The remainder of 

these revisions were 

proposed by EPA in 

a separate action on 

06/30/2016. See 81 

FR 42587.

OAC 252:100-8-33 PSD, Exemptions February 6, 2012 February 25, 2011 EPA is reviewing 

the PM2.5 SMC at 

OAC 252:100-8-

33(c)(1)(C) in this 

action. 

All other revisions 

to OAC 252:100-8-

33 have been 

proposed by EPA in 

a separate action on 

06/30/2016. See 81 

FR 42587.

OAC 252:100-8-35 PSD, Air quality 

impact evaluation

February 6, 2012 February 25, 2011 EPA is reviewing 

the PM2.5 SILs at 

OAC 252:100-8-

35(a)(2) in this 

action. 

All other revisions 

to OAC 252:100-8-

35 have been 

proposed by EPA in 

a separate action on 

06/30/2016. See 81 

FR 42587.

OAC 252:100-8-

50.1

NNSR, 

Incorporation by 

reference

February 6, 2012 February 25, 2011 EPA proposed 

approval on 

06/30/2016. See 81 

FR 42587.

OAC 252:100-8-51 NNSR, Definitions February 6, 2012 February 25, 2011 EPA proposed 

approval on 

06/30/2016. See 81 

FR 42587.

OAC 252:100-8-

51.1

NNSR, Emissions 

reductions and 

offsets

February 6, 2012 February 25, 2011 EPA proposed 

approval on 

06/30/2016. See 81 

FR 42587.
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Table 1: Summary of the Oklahoma Revisions Submitted February 6, 2012

Section Title Date Submitted to 

EPA

Adopted by State Comments

OAC 252:100-8-52 NNSR, 

Applicability 

determination for 

sources in 

attainment areas 

causing or 

contributing to 

NAAQS violations

February 6, 2012 February 25, 2011 EPA proposed 

approval on 

06/30/2016. See 81 

FR 42587.

OAC 252:100, 

Appendix E

Appendix E, 

Primary Ambient 

Air Quality 

Standards

February 6, 2012 February 25, 2011 EPA proposed 

approval on 

06/30/2016. See 81 

FR 42587.
II. Technical Evaluation of the February 6, 2012 Oklahoma SIP 

Submittal

This technical review of the February 6, 2012, revisions to OAC 252:100-8-33(c)(1)(C) and 

OAC 252:100-8-35(a)(2) consists of a comparison between the relevant Clean Air Act 

requirements and the corresponding sections in the SIP submittal. 

A. Evaluation of the February 6, 2012, Oklahoma SIP Submittal with respect to the 

Part 51, Appendix V Completeness Checklist

Appendix V to 40 CFR Part 51 establishes the criteria for determining the completeness of plan 

submissions. Appendix V to Part 51 is outlined below:

1.0 Purpose: This appendix V sets forth the minimum criteria for determining whether a 

State implementation plan submitted for consideration by EPA is an official submission 

for purposes of review under § 51.103. 

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to 

meet the criteria set forth in this appendix V, and request corrective action, identifying 

the component(s) absent or insufficient to perform a review of the submitted plan.

1.2 The EPA shall inform the submitting official whether or not a plan submission meets the 

requirements of this appendix V within 60 days of EPA's receipt of the submittal, but no 

later than 6 months after the date which the State was required to submit the plan or 

revision. If a completeness determination is not made by 6 months from receipt of a 

submittal, the submittal shall be deemed complete by operation of law on the date 6 

months from receipt. A determination of completeness under this paragraph means that 

the submission is an official submission for purposes of §51.103.

The attached checklist outlines the basic criteria included under 2.1 and 2.2 of Appendix V. 

Section 2.3 of Appendix V describes the "parallel process procedure" which EPA can use to 

expedite the review and adoption of SIP revisions. The February 6, 2012 SIP revision was not 

submitted with a request for parallel processing; therefore Section 2.3 of Appendix V to 40 CFR 

Part 51 is not included in this review.
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SIP Completeness Checklist for the February 6, 2012. Oklahoma SIP Submittal

1. The package is sent with a formal submittal letter from the Governor or his or her 

designee requesting EPA's approval of the revision.

Mr. Gary Sherrer, Oklahoma State Secretary of the Environment, in a letter dated 

February 6, 2012, submitted revisions to the Oklahoma SIP to amend the PSD program 

at OAC 252:100-8-33 and OAC 252:100-8-35 to provide voluntary exemptions from 

permitting of PM2.5 emissions. This submittal package also included amendments to other 

portions of the Oklahoma SIP not under review in this TSD.

In a letter dated March 30, 2011, Governor Mary Fallin designated the authority to 

submit revisions to the Oklahoma SIP to the Oklahoma Secretary of the Environment. 

2. Evidence is included that the State has adopted the revision in the State code or body of 

regulations, or that the State has issued the permit, order, consent agreement (hereafter 

document) in final form. This evidence would include the date of adoption or final 

issuance and the effective date of revision, if different from adoption/issuance date.

The revisions to OAC 252:100-8-33 and OAC 252:100-8-35 were adopted on May 3, 

2011, effective July 1, 2011. 

3. Evidence is included that the State has necessary legal authority under State law to adopt 

and implement the revision, e.g., a citation of the appropriate State authority.

27A O.S. §2-5-105 designates the Oklahoma Department of Environmental Quality as the 

administrative agency for the Oklahoma Clean Air Act. The ODEQ has the authority to 

carry out all duties, requirements, and responsibilities necessary and proper for the 

implementation of the Oklahoma CAA and fulfilling the requirements of the federal CAA 

under 27A O.S. §§1-3-101(B)(8), 2-3-101(E)(1), and 2-5-105.

4. A copy is included of the actual regulation or document submitted for approval and 

incorporation by reference into the SIP including an indication of the changes made to the 

existing approved plan where applicable. The submittal shall be a copy of the official 

State regulation document signed, stamped, and dated by the appropriate State official 

indicating that it is fully enforceable by the State. The effective date of the regulation 

document shall, whenever possible, be indicated in the document itself.

The February 6, 2012, submittal included a copy of the official State regulation 

documents. The effective date of the revisions to OAC 252:100-8-33 and OAC 252:100-8-

35 is July 1, 2011.

5. Evidence is included that the State followed all the procedural requirements of its laws 

and/or its constitution in the conducting and completing the adoption/issuance of the 

plan. 
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The February 6, 2012, SIP submittal included a letter signed by Eddie Terrill, Director of 

the Oklahoma Department of Environmental Quality, that demonstrated the SIP 

submittal was developed pursuant to the requirements of the Oklahoma Administrative 

Procedures Act, 75 O.S. 2501.1 through 323 and 40 CFR 51.102(d), 51.102(f), and 

Appendix V. 

6. Evidence is included that public notice was given of the proposed changes consistent 

with the procedures approved by EPA, including the date of publication of such notice, 

(e.g., notarized or certified copies of any public notices published in newspapers). (The 

notice should be at least 30 days prior to the public hearing(s).

The notice of public hearing for the revisions to OAC 252:100-8-33 and OAC 252:100-8-

35 was published in the Oklahoma Register on December 15, 2010.

7. A certification is included indicating that public hearing(s) was/were held in accordance 

with the information provided in the public notice(s) and the State's laws and 

constitution, if applicable.

The public hearings for the revisions to OAC 252:100-8-33 and OAC 252:100-8-35 were 

held on January 19, 2011.

8. A compilation of public comments and the State's response is included.

The February 6, 2012, submittal included a compilation of the comments received and 

the State’s response.

The State should include the following technical information in its SIP revision request package.

1. Identification of all regulated pollutants affected by the revision is included.

The February 6, 2012, submittal revises the Oklahoma PSD permitting regulations to 

provide exemptions from permitting for emissions of PM2.5.

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the attainment 

plan for the affected area(s) is included.

The February 6, 2012, revisions to the Oklahoma PSD program will apply statewide. 
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3. Quantification of the changes in SIP allowable emissions from the affected sources is 

included. (Examples include estimates of changes in current actual emissions from 

affected sources and/or, where appropriate, quantification of changes in actual emissions 

from affected sources through calculations of the differences between certain baseline 

levels and allowable emissions anticipated if the revisions were approved.)

Not required for the February 6, 2012, revisions to the Oklahoma PSD permit programs. 

Allowable emissions consistent with the PSD permitting requirements will be addressed 

on a permit-by-permit basis.

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and 

visibility as applicable would be protected if the revision were approved and 

implemented.

The February 6, 2012 revisions to the Oklahoma PSD permit program provide for 

exemptions of permitting from PM2.5 emissions. 

5. FOR REDESIGNATIONS:

a. Is there a fully approved maintenance plan for the primary ambient air quality 

standards for at least 10 years as required by §175A of the Clean Air Act?

Not applicable.

b. Are contingency measures included?

Not applicable.

6. Modeling information, if applicable, is required to support the proposed revision. 

Modeling information is not necessary to support the February 6, 2012 SIP submittal. 

Modeling will be provided on a permit-by-permit basis in accordance with the PSD 

regulations. 

7. Evidence is included where necessary, that emission limitations are based on continuous 

emission reduction technology (e.g., add-on controls, industrial/process equipment 

designs, reformulated materials, etc.).

The February 6, 2012 SIP submittal does not establish emission limitations. Emission 

limitations will be established on a permit-by-permit basis according to the applicable 

PSD requirements.

8. Evidence is included indicating that a SIP revision contains emission limitations, work 

practice standards, and recordkeeping/reporting requirements to ensure stated emission 

levels.

The February 6, 2012, SIP submittal does not establish emission limitations, work 

practice standards, and recordkeeping/reporting requirements to ensure stated emission 
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levels. Each PSD permit will include these items as necessary to implement the CAA and 

the PSD permit program.

9. Compliance/enforcement strategies including how compliance will be determined in 

practice (including at what frequency).

The February 6, 2012, SIP submittal does not establish compliance/enforcement 

strategies. Each permit will separately address compliance/enforcement.

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not necessary 

should be included. For example, requests for alternative RACT may require such 

justification.

These justifications are not necessary for the February 6, 2012 SIP submittal.

The February 6, 2012 SIP submittal satisfies the completeness criteria established in 40 

CFR part 51, Appendix V.
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B. Evaluation of the February 6, 2012, Oklahoma SIP submittal with respect to the 

federal requirements PSD Permitting

1. Background of Federal Actions

Under Section 165(a) of the CAA, a major source may not commence construction unless the 

source has been issued a permit and satisfied certain requirements. Among those requirements, 

the permit applicant must demonstrate that emissions from construction or operation of the 

facility will not cause, or contribute to, air pollution in excess of any increment, NAAQS, or any 

other applicable emission standard of standard of performance. This statutory requirement has 

been incorporated into federal regulations at 40 CFR 51.166(k)(1). Moreover, to support this 

analysis, PSD permit applications must contain air quality monitoring data representing air 

quality in the area affected by the proposed source for the 1-year period preceding receipt of the 

application. This statutory requirement has been incorporated into federal regulations at 40 CFR 

51.166(m)(ii)-(iv). 

In 2010, the EPA promulgated regulations for SIPs concerning PSD permitting for PM2.5 which 

included two voluntary screening tools: SILs and SMCs. 75 FR 64864 (Oct. 20, 2010). The SILs 

are screening tools that states with PSD SIPs apply in the issuance of a PSD permit to 

demonstrate that the proposed source’s allowable emissions will not cause or contribute to a 

violation of the NAAQS or increment. The SMC has been used to exempt sources from the 

requirement in the CAA to collect preconstruction monitoring data for up to 1 year before 

submitting a permit application in order to help determine existing ambient air quality. 78 FR 

73699 (Dec. 9, 2013). 

Sierra Club filed a petition for review of the PSD regulations containing the PM2.5 SILs and 

SMC with the United States Court of Appeals for the District of Columbia Circuit (the Court). 

On January 22, 2013, the Court issued an opinion granting a request from the EPA to vacate and 

remand to the EPA portions of the October 20, 2010, PSD regulations establishing the PM2.5 SIL 

and further vacating the portions of the PSD regulations establishing a PM2.5 SMC. See, Sierra 

Club v. EPA, 706 F.3d 428 (D.C. Cir. 2013).

In response to the Court’s decision, the EPA amended its regulations to remove the affected 

PM2.5 SIL regulations from the federal regulations and to replace the existing PM2.5 SMC value

with a “zero” threshold. See, 78 FR 73698 (Dec. 9, 2013). In that rulemaking, the EPA removed 

the regulatory text related to the affected PM2.5 SILs at sections 51.166(k)(2) and 52.21(k)(2). 

Although the Court vacated the PM2.5 SMC provisions in 40 CFR 51.166(i)(5)(i)(c) and 

52.21(i)(5)(i)(c), the EPA did not remove the affected regulatory text, but instead revised the 

concentration for the PM2.5 SMC listed in sections 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c) to zero 

micrograms per cubic meter (0 μg/m3). Because 40 CFR 51.166(i)(5)(iii) and 40 CFR 

52.21(i)(5)(iii) establish an exemption from air monitoring requirements for any pollutant “not 

listed in paragraph (i)(5)(i),” the EPA explained that it would not be appropriate to remove the 

reference to PM2.5 in paragraph (i)(5)(i). Were the EPA to completely remove PM2.5 from the 

list of pollutants in sections 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c) of the PSD regulations, PM2.5 

would no longer be a listed pollutant and the paragraph (iii) provision could be interpreted as 

giving reviewing authorities the discretion to exempt permit applicants from the requirement to 
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conduct monitoring for PM2.5, in contravention of the Court’s decision and the CAA. Instead, 

the EPA revised the concentration listed in sections 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c) to “0” 

micrograms per cubic meter (μg/m3

). This means that there is no air quality impact level below 

which a reviewing authority has the discretion to exempt a source from the PM2.5 monitoring 

requirements at 40 CFR 52.21(m).

This TSD only addresses the severable portions of the February 6, 2012, Oklahoma SIP 

submittal that pertain to the exemptions from PSD permitting for PM2.5, the SILs and SMC.
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2. Evaluation of OAC 252:100-8-33. Exemptions.

Background of OAC 252:100-8-33. Exemptions. 

• The Oklahoma SIP includes OAC 252:100-8-33 as adopted by the ODEQ on May 15, 

2001, effective June 1, 2001. EPA approved this provision on November 26, 2010. See 

75 FR 72695.

• ODEQ has submitted four revisions to the Oklahoma SIP for exemptions from PSD 

requirements at OAC 252:100-8-33, as follows.

o Revisions effective June 15, 2006; submitted July 16, 2010 – addressed by EPA in a 

separate action.

o Revisions effective June 1, 2009; submitted June 24, 2010– addressed by EPA in a 

separate action.

o Revisions effective July 1, 2011; submitted February 6, 2012 – the revisions to OAC 

252:100-8-33(c)(1)(C) are included in this TSD. Remainder of these revisions are 

addressed in a separate action.

o Revisions effective July 1, 2012; submitted January 18, 2013– addressed by EPA in a 

separate action.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-33.

Table 2: Evaluation of OAC 252:100-8-33. Exemptions. EPA’s Evaluation

Revisions effective July 1, 2011; Submitted February 6, 2012.

c) Exemption from air quality analysis requirements in OAC 252:100-

8-35(c).

1. The monitoring requirements of OAC 252:100-8-35(c) regarding air 

quality analysis are not applicable for a particular pollutant if the 

emission increase of the pollutant from a proposed major stationary 

source or the net emissions increase of the pollutant from a major 

modification would cause, in any area, air quality impacts less than 

the following significant monitoring concentrations (SMC):

A. Carbon monoxide - 575 Fg/m3

, 8-hour average,

B. Nitrogen dioxide - 14 μg/m3

, annual average,

C. PM2.5 - 4 μg/m3 24-hour average,

D. PM10 - 10 μg/m3, 24-hour average, 

E. Sulfur dioxide -13 μg/m3

, 24-hour average,

F. Ozone - no de minimis air quality level is provided for 

ozone, however any net increase of 100 TPY or more of 

VOC or NOx subject to PSD would require an ambient 

impact analysis, including the gathering of ambient air 

quality data.

G. Lead - 0.1 Fg/m3

, 3-month average,

H. Fluorides - 0.25 Fg/m3

, 24-hour average,

I. Total reduced sulfur - 10 Fg/m3

, 1-hour average,

J. Hydrogen sulfide - 0.2 Fg/m3

, 1-hour average, or

K. Reduced sulfur compounds - 10 Fg/m3

, 1-hour average.

2. The monitoring requirements of OAC 252:100-8-35(c) are not 

applicable for a particular pollutant if the pollutant is not listed in 

preceding OAC 252:100-8-33(c)(1).

The revisions to OAC 252:100-

8-33(c)(1) for monitoring 

exemptions are consistent with 

federal requirements at 40 CFR 

51.166(i)(5)(i), with the 

exception of the monitoring 

exemption for PM2.5 submitted 

on February 6, 2012, at OAC 

252:100-8-33(c)(1)(C). The 

federal exemption for the 

PM2.5SMC was vacated and 

subsequently revised to 0 μg/m3

for consistency with the 

requirements of the CAA. 

Therefore, the submitted 

provision for the PM2.5 SMC is 

disapprovable as inconsistent 

with the federal statutory and 

regulatory permitting 

requirements for PM2.5.
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3. Evaluation of OAC 252:100-8-35. Air Quality Impact Evaluation.

Background of OAC 252:100-8-35. Air Quality Impact Evaluation.

• The Oklahoma SIP includes OAC 252:100-8-35 as adopted by the ODEQ on June 15, 

1998, effective June 25, 1998. EPA approved this provision on November 26, 2010. See 

75 FR 72695.

• ODEQ has submitted two revisions to the Oklahoma SIP for the PSD Air Quality Impact 

Evaluation.

o Revisions effective June 15, 2006; submitted July 16, 2010, - addressed by EPA in a 

separate action.

o Revisions effective July 1, 2011, effective February 6, 2012 – the revisions to OAC 

252:100-8-35(a)(2) are included in this TSD. Remainder of these revisions are 

addressed in a separate action.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-35.

Table 2: Evaluation of OAC 252:100-8-35. EPA’s Evaluation

Revision effective July 1, 2011; Submitted February 6, 2012.

a) Source impact analysis (impact on NAAQS and PSD increment). The 

owner or operator of the proposed source or modification shall 

demonstrate that, as of the source’s start-up date, allowable emissions 

increase from theat source or modification, in conjunction with all other 

applicable emissions increases or reductions (including secondary 

emissions) would not cause or contribute to any increase in ambient 

concentrations that would exceed:

1. Required demonstration. The owner or operator of the proposed 

source or modification shall demonstrate that, as of the source’s startup date, allowable emissions increase from that source or 

modification, in conjunction with all other applicable emissions 

increases or reductions (including secondary emissions) would not 

cause or contribute to any increase in ambient concentrations that 

would exceed:

A. Any NAAQS in any air quality control region; or

B. The remaining available PSD increment for the specified air 

contaminants in any area as determined by the Director.

2. Significant impact levels (SILs). For purposes of PM2.5, the 

demonstration required in OAC 252:100-8-35(a)(1) is deemed to have 

been made if the emissions increase from the new stationary source 

alone or from the modification alone would cause, in all areas, air 

quality impacts less than the following significant impact levels 

(SILs).

A. The SILs for PM2.5 annual averaging time are 0.06 μg/m3 for 

a Class I area, 0.3 μg/m3 for a Class II area, and 0.3 μg/m3 for 

a Class III area.

B. The SILs for PM2.5 24-hour averaging time are 0.07 μg/m3 for 

a Class I Area, 1.2 μg/m3 for a Class II Area, and 1.2 μg/m3

for a Class III area.

The provisions submitted on 

February 6, 2012, at OAC 

252:100-8-35(a)(2), (2)(A) 

and (2)(B) establish the 

PM2.5SIL. The federal 

exemption for the PM2.5 SIL 

was vacated in January 2013 

and subsequently removed by 

the EAP on December 9, 

2013.

The submitted provisions for 

the PM2.5SIL are therefore 

disapprovable as inconsistent 

with the federal statutory and 

regulatory permitting 

requirements for PM2.5. 
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C. Evaluation of the February 6, 2012, Oklahoma SIP submittal with respect to 

section 110(l) of the CAA

Section 110(l) of the Clean Air Act states: 

Each revision to an implementation plan submitted by a State under this Act shall be adopted by 

such State after reasonable notice and public hearing. The Administrator shall not approve a 

revision of a plan if the revision would interfere with any applicable requirement concerning 

attainment and reasonable further progress (as defined in section 171), or any other applicable 

requirement of this Act. 

Our analysis indicates that the February 6, 2012, revisions to the Oklahoma PSD program were 

adopted and submitted as revisions to the Oklahoma SIP after reasonable notice and public 

hearing. 

Disapproval of the submitted PM2.5 SILs at OAC 252:100-8-35(a)(2) ensures that the provisions 

at OAC 252:100-8-35(a)(1)1 in the existing SIP continue to apply to PM2.5. Namely, that the 

owner or operator of the proposed source or modification shall demonstrate that, as of the 

source's start-up date, allowable emissions increases from that source or modification, in 

conjunction with all other applicable emissions increases or reductions (including secondary 

emissions) would not cause or contribute to any increase in ambient concentrations that would 

exceed any NAAQS in any air quality control region; or the remaining available PSD increment 

for the specified air contaminants in any area, as determined by the Director of the Oklahoma 

Department of Environmental Quality. 

Disapproval of the submitted PM2.5 SMC at OAC 252:100-8-33(c)(1) means that PM2.5 will not 

be a listed pollutant in the state’s requirement for ambient monitoring data, and would appear to 

allow PSD permit applicants to avoid submitting PM2.5 monitoring data as part of their permit 

application. To address this concern, the Oklahoma Department of Environmental Quality 

submitted a letter on February 25, 2016, that demonstrated the State retains authority to require 

pre- and post-construction PSD monitoring for PM2.5 under the Oklahoma PSD SIP, in the event 

that the EPA disapproves OAC 252:100-8-33(c)(1); specifically, the authority granted the ODEQ 

Director under OAC 252:100-8-35.1(b)(3)2 to request information regarding the air quality 

impact of the source or modification. The ODEQ interprets this SIP provision to grant the 

Director the authority to request monitoring data for PM2.5 as required under 40 CFR 51.166(m). 

Further, as noted in our December 9, 2013, final rule, any State regulations or approved SIP 

provisions adopting the PM2.5 SIL and SMC are unlawful and may not be applied even prior to 

their removal from the applicable State regulations or SIP. See 78 FR 73698, 73700. Because 

reliance on the PM2.5 SIL and SMC has been deemed unlawful and because the State has 

provided a letter demonstrating underlying authority in the Oklahoma SIP at OAC 252:100-8-

 1 The EPA proposed approval of OAC 252:100-8-35(a)(1) on June 30, 2016, as consistent with federal PSD 

requirements. See 81 FR 42587. 2 The EPA proposed approval of OAC 252:100-8-35.1(b)(3) on June 30, 2016, as consistent with federal PSD 

requirements. See 81 FR 42587.
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35.1(b)(3) to require pre- and post-construction monitoring for PM2.5; we have determined it is 

appropriate to disapprove the submitted PM2.5 SMC provisions at OAC 252:100-8-33(c)(1). 

The EPA has an obligation under section 110 of the CAA to act on submitted SIP revisions 

unless these revisions are withdrawn by the State. Therefore, the EPA has a duty to act on the 

submitted Oklahoma provisions pertaining to the PM2.5 SILs and SMC because these provisions 

were submitted for EPA’s review on February 6, 2012, and the state has not withdrawn the 

portion of the SIP submission containing these provisions. Our proposed action today will 

disapprove this portion of the February 6, 2012 SIP submission because these provisions are 

inconsistent with the federal statutory and regulatory SIP permitting requirements for PM2.5.
17

III. Conclusion

The technical analysis provided in the preceding sections has compared the applicable sections 

of the CAA and 40 CFR Parts 51 and the February 6, 2012 Oklahoma SIP Submittal, to adopt the 

EPA’s vacated PSD PM2.5 SILs and SMC. The EPA’s analysis found that the proposed revisions 

to the Oklahoma SIP should be disapproved because the revisions are inconsistent with the 

federal statutory and regulatory permitting requirements for PM2.5. As such, the EPA should 

propose disapproval of the following revisions:

• Substantive revisions to the Oklahoma SIP at OAC 252:100-8-33(c)(1)(C) establishing 

the PM2.5 SMC as submitted on February 6, 2012; and

• Substantive revisions to the Oklahoma PSD program in OAC 252:100-8-35(a)(2)

establishing the PM2.5 PSD SIL as submitted on February 6, 2012.