May27, 2011 

## Mary Fallin Governor

Dr. Alfredo Armendariz, Regional Administrator U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202-2733 

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Subject: Designation Recommendation for 2010 Sulfur Dioxide NAAQS Dear Dr. Armendariz: On June 2, 2010, the U.S. Environmental Protection Agency (EPA) strengthened the National Ambient Air Quality Standard for sulfur dioxide (SOz). The final rule, published in the Federal Register on June 22,2010 (75 FR 35520), sets a new 1-hour S02 NAAQS of75 parts per billion (ppb). As required by Section 107 (d) (1) (A) ofthe federal Clean Air Act, my recommendations for Oklahoma's initial designations under the new 

### SOz standard are outlined below. This recommendation is based on an evaluation ofactual monitored S02 data collected by the Department ofEnvironmental Quality (DEQ) in Oklahoma during the last ten (1 0) years with emphasis given to 2008-2010. Monitored 1 hour exceedances ofthe standard at monitors in Tulsa and Muskogee Counties indicate the possibility ofviolating the standard, therefore, I recommend that these areas be designated as unclassifiable. Based on existing monitored data, I recommend a designation of "attainment" for all other 75 counties in Oklahoma. Oklahoma disagrees with EPA's position that modeling data should be used in the recommendation ofnonattainment designations. As a result, the DEQ has prepared a Briefof Amicus Curiae in support ofPetitioners' Petition for Review ofthe Final Rule issued by EPA ("Primary National Ambient Air Quality Standard for Sulfur Dioxide; Final Rule" 75 Fed. Reg. 35520 (June 22, 201 0)), to be filed in the case ofNational Environmental Development Association's Clean Air Project. 

### et al. v. United States Environmental Protection Agency, Docket No. 10-1252 (and consolidated cases) before the United States Court ofAppeals for the District ofColumbia Circuit. In the brief, ODEQ states that by promulgating the Final Rule EPA has acted in violation ofthe federal Clean Air Act, as well as arbitrarily and capriciously under the federal Administrative Procedures Act, because EPA (1) denied the public notice and opportunity to comment on the implementation approach (i.e., modeling) for the revised 

### SOz NAAQS and (2) promulgated an S02 NAAQS that is more stringent than necessary under the

STATE CAPITOL BUILDING • 2300N. LINCOLNBOULEVARD, SUITE 212 • OKLAHOMA CITY, OKLAHOMA 73!05 • (405) 52/-2342 • FA:q405) 521-3353CAA. The ODEQ believes the designation recommendations made herein are consistent with the statements made in the BriefofAmicus Curiae filed by ODEQ in the above-cited case. Ifyou desire additional information, or you have any questions on this matter, please contact Eddie Terrill at 405-702-4100.



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Mary Fallin
cc: Gary Sherrer, Secretary ofEnvironment Steven Thompson, Executive Director, Oklahoma Department ofEnvironmental Quality Eddie Terrill, Director ofAir Quality, Oklahoma Department ofEnvironmental Quality