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 

RECEIVED 

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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) of the 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 of actual monitored S02 data collected by the 

Department of Environmental Quality (DEQ) in Oklahoma during the last ten (1 0) years with 

emphasis given to 2008-2010. 

Monitored 1 hour exceedances of the standard at monitors in Tulsa and Muskogee Counties 

indicate the possibility of violating 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 of nonattainment designations. As a result, the DEQ has prepared a Brief of 

Amicus Curiae in support of Petitioners' Petition for Review of the 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 of National 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 of Appeals for the 

District of Columbia Circuit. In the brief, ODEQ states that by promulgating the Final Rule EPA 

has acted in violation of the 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 • 2300 N. LINCOLN BOULEVARD, SUITE 212 • OKLAHOMA CITY, OKLAHOMA 73!05 • (405) 52/-2342 • FA:q405) 521-3353 
CAA. The ODEQ believes the designation recommendations made herein are consistent with 

the statements made in the Brief of Amicus Curiae filed by ODEQ in the above-cited case. 

If you desire additional information, or you have any questions on this matter, please contact 

Eddie Terrill at 405-702-4100. 

;ml~~ 

Mary Fallin 

cc: Gary Sherrer, Secretary of Environment 

Steven Thompson, Executive Director, Oklahoma Department of Environmental Quality 

Eddie Terrill, Director of Air Quality, Oklahoma Department of Environmental Quality