GARY L. SHEHR[R SECRETARY OF ENVIRONMENT



## October 5, 2012 STATE OF OKLAHOMA OFFICE OFTHE SECRETARY OF ENVIRONMENT www.environment.ok.gov



## Mr. Ron Curry, Regional Administrator (6RA) U.S. Environmental Protection Agency- Region VI 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 

# RECEIVED

- 6PDL..ARY FAUIN 

# AIR PLANNING SE(}.OVERNOR 

# 12 OCT 12 PH 5: 0"/

Subject: Certification of SIP Elements for tbe 2008 Pb NAAQS under Clean Air Act Sections 110(a)(l)-(2)
DearMr. Curry:
In a letter to your predecessor dated March 30, 20II, 

## Governor Mary Fallin appointed me as her designee for the purpose of submitting documents to tbe U.S. Environmental Protection Agency (EPA) for approval and incorporation into tbe State Implementation Plan (SIP) for the State of Oklahoma. The Oklahoma Department of Environmental Quality (DEQ) is given tbe primary responsibility and authority to prepare and implement tbe state's air quality management plan under Oklahoma Statutes.
Section 110(a)(l) and (2) of tbe Clean Air Act requires tbat each state review and revise as necessary its SIP following EPA's 2008 promulgation of a revised Lead (Pb) National Ambient Air Quality Standards (NAAQS). EPA issued the "Guidance on Infrastructure State Implementation Plan (SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for tbe 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS)" ("Pb Infrastructure SIP Guidance") on October 14, 2011. Under tbis guidance, states may certify tbat their existing SIPs meet the "infrastructure" elements of Section 110(a)(2), ratber tban submitting a revised SIP for tbe Pb 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 tbe infrastructure obligations for the 2008 Pb standard. State public participation procedures for such SIP submittals were submitted to EPA for review under 40 CFR §51.102. In a letter dated 8/23112, EPA concurred tbat tbey are consistent with tbe requirements of40 CFR §51.102 and associated guidance. Public notice for this submittal was posted on DEQ's web site on August 31, 2012, to allow the opportunity to provide comments and to request a public hearing scheduled for October 4, 2012 at DEQ's offices. No hearing requests were received during tbe comment period (911/2012

- 10/112012). Therefore, a notice ofhearing cancellation was posted on 10/2/12. No comments were received during tbe comment period; therefore no Response to Comments document was prepared. Attached is documentation ofthis public notice and submittal process. It is our understanding tbat the final results ofEPA's

OPrintedon Recycled Paper 3800 N. CLASSEN BOULEVARD • OKLAHOMA CITY. OKLAHOMA 73118 TELEPHONE (405) 530-8995 • FAX (405) 530-8999

## review of this submittal will be determined through rulemak:ing and will be published in the Federal Register. Note that this letter and its supporting documentation do not address section 110(a)(2)(I), which pertains to the nonattainment planning requirements ofTitle I, Part D ofthe Clean Air Act and is not governed by the three year SIP submission deadline under section 1to(

## a)(!), because Oklahoma currently has no Pb nonattainment areas and no nonattainment plans are due. If 

## you have questions, please contact Mr. Eddie Terrill, Director, Air Quality Division, Department ofEnvironmental Quality at (405) 702-4100.

Sincerely, 

# Jf.**~~**

# Gary~errer Secretary ofEnvironment
Enclosures

cc: Steve Thompson, Executive Director, Department ofEnvironmental Quality Eddie Terrill, Director, DEQ Air Quality Division ec: Guy Donaldson, Section Chief, Air Planning Section, EPA Region VI (6PD-L) Carrie Paige, Air Planning Section, EPA Region VI (6PD-L) TerryJohnson, Air Planning Section, EPA Region VI (6PD-L)

# Oklahoma's State ImplementationPlan (SIP) Submittal "Infrastructure" Checklist CAA §110(a)(2)(A)-(M) Requirements in theCurrentSIPorPendingSIPRevisions
Updated for the 2008 Lead (Pb) NationalAmbientAir Quality Standard (NAAQS)

A State Implementation Plan (SIP) identifies how that state will attain and/or maintain the primary and secondary National Ambient Air Quality Standards (NAAQS). The SIP contains state regulations, source-specific requirements, and non-regulatory items such as plans and inventories. The initial SIPs for states were approved by the U.S. Environmental Protection Agency (EPA) on May 31, 1972 (46 FR 40005). The Oklahoma Department ofEnvironmental 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, including revisions approved on December 29, 2008 (73 FR 79400) and November 26, 2010 (75 FR 72695). Approval ofadditional submittals is pending. The miscellaneous requirements of Section 110(a)(2)(A)-(M) ofthe CleanAir Act (CAA) relevant to the National Ambient Air Quality Standards (NAAQS) are addressed in the current SIP orpending SIP revisions. The following table summarizes where these "infrastructure"requirements ofSection 11O(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 each time a NAAQS is issued or revised. 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 ofinfrastructure elements as they relate to the various existingNAAQS, the table lists any changes orpertinent information specific to the subjectchange.
This Submittal: 2008 Lead (Pb) NAAQS In this review/revision to the SIP, Oklahoma is demonstrating that it has adequate resources and authority to implement, maintain, and enforce the 2008 Lead (Pb) NAAQS. This submittal was prepared under the Guidance on Infrastructure State Implementation Plan (SIP) Elements Required Under Sections 110(a)(l) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards CNAAQS) ("Pb Infrastructure SIP Guidance"), issued 10/14/2011.

10/4/2012 Oklahoma's SIP Submittal "Infrastructure" Checklist 2008 Lead (Pb) NAAQS Update I

### Section 110(a)(2) Element §110(a)(2)(A)- Emission Limits 

### and Other Control Measures



### §110(a)(2)(B)- Ambient Air Quality Monitoring/Data System



## 10/4/2012 Summary of Element Provisions in State statutes and rules, and the Current SIP or (Statutory Language) Recent SIP Revision Submittals
include enforceable emission limitations and 

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

### & Oklahoma othercontrolmeasures, means, ortechniques 

### Administrative Code (OAC) 252:100, Oklahoma Air Pollution Control Rules. (including 

### economic incentives such as fees, marketable permits, andauctions ofemissions 

### Oklahoma has an EPA-approved air permitting program for both major and rights), as well as schedules and timetables for 

### minor facilities. compliance as maybe necessaryor appropriate to meetthe applicable 

### February 2002 SIP submittal ("Big SIP") and June 2010 SIP submittal ("Big requirements ofthis Act. 

### SIP2")- Portions approved 12129/2008 and 11/26/2010; Additional SIP revisions are pending, including July 2010 SIP submittal that addressed EPA's policy on excess emissions (e.g., SSM 

### & variancerdirecto(s discretion" provisions) through OAC 252:100-9, Excess Emission Reporting Requirements.
Oklahoma has no maintenance areas. 

### This NAAQS Revision: No specific enforceable emission limitations or other control measures, means, ortechniques have been identified as necessary to attain or maintain the 2008 Lead (Pb) NAAQS. Any particular issues or changes related to implementation ofthe 2008 Lead (Pb) NAAQS through Oklahoma's permitting program would be addressed through a separate SIP submission. provide forestablishmentandoperation of 

### Oklahoma operates an air quality monitoring network consistent with EPA appropriate devices, methods, systems, and 

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

## to monitor, compile, and 

### previously-approved SIP provisions. Monitoring results may also be analyze data on ambientairquality, andupon 

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

### httl!:ilwww.deg.state.ok.us/agdnew/monitoringljndex.htm Administrator; 

### This NAAQS Revision: Oklahoma's program monitored lead from the 1970's to the 1990's, when EPA policy changes coupled with monitored levels far belowthe standard made the monitoring unnecessary. Oklahoma updated its air quality monijoring network to implement the monitoring scheme required for the 2008 Lead (Pb) NAAQS in accordance with EPA's Lead Ambient Air Monitoring Reguirements (75 FR 81126). Changes to reporting have been implemented as appropriate.



## Oklahoma's SIP Submittal "Infrastructure" Checklist 2008 Lead (Pb) NAAQS Update Where Codified or Approved by EPA
40 CFR 52.1920 and 52.1960 (c)(48)

73 FR 79400 and 75 FR 72695

40 CFR 52.1960(c)(22) 46 FR 40005



## 2

### Section 110(a)(2) Element §110(a)(2)(C)- Program for Enforcement of Control Measures



## 10/4/2012 Summary of Element Provisions in State statutes and rules, and the Current SIP or (Statutory Language) Recent SIP Revision Submittals
include a program to provide forthe Oklahoma's EPA-approved air permitting program includes appropriate enforcementofthe measures describedin enforcement authority and pemnitting for modification and construction of subparagraph (A) and regulation ofthe stationary sources. DEQ's powers and duties to implement air quality modification and construction ofanystationary programs**~ncluding** implementing Oklahoma's SIP) are described in 27A source within the areas covered by the plan as OS 2-5-105, and include authority to"

... [e]nforce rules ofthe Board and necessaryto assure thatnational ambientair orders ofthe Departmentandthe Council'(27A OS 2-5-105(4)). More qualitystandards are achieved, including

## a specific enforcement authorities are described throughoutthe Oklahoma permitprogram as requiredin parts C and D; Clean Air Act (27A OS 2-5-101, et seq.)
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 ofthe PSD program. 

### This NAAQS Revision: No specific enforceable emission limitations or other control measures, means, ortechniques have been identified as necessary to attain or maintain the 2008 Lead (Pb) NAAQS. Any particular issues or changes related to implementation ofthe 2008 Lead (Pb) NAAQS through Oklahoma's pemnitting, compliance, and enforcement programs (e.g., PSO) would be addressed through a separate SIP submission.



## Oklahoma's SIP Submittal "Infrastructure" Checklist 2008 Lead (Pb) NAAQS Update Where Codified or Approved 

## by EPA

40 CFR 52.1920

40 CFR 52.1929



## 3

### Section 110(a)(2) Summary 

### of Element Provisions in State statutes and rules, and the Current SIP or Element (Statutory Language) Recent SIP Revision Submittals §110(a)(2)(D)(i)- contain adequate provisions- The Interstate Transp_orl SIP foran AssessmentofOklahoma's lm{!.act on Interstate DownwindNonattainmentforthe NationalAmbient8-hourOzone and PM,.s Transport (i) prohibiting, consistent with the provisions AirQuality Standards ("Transport SIP"). submitted to EPA in May 2007 Provisions ofthis title, anysource orothertype of (including supplemental information submitted in November2007), emissions activity within the state from emitting demonstrates that Oklahoma does not have a significant impact on Ozone anyairpollutantin amounts which will- or PM2s nonattainment for any other state, nor interfere with maintenance of (/)contribute significantlyto nonattainment the NMOS in any other state. The Transport SIP also demonstrates that in, orinterfere with maintenance by, anyother Oklahoma does not interfere with any other state's measuresto prevent state with respect to anysuch nationalprimary significantdeterioration ofair quality. EPA approved portions ofthe orsecondaryambient airquality standard, or Transport SIP relating to §11 O(a)(2)(D)(i)(l) forthe 1997 PM,s NMOS and the 2006 24-hour PM2.s NMOS on 12129/2011. In the same action, EPA approved the portions ofthe Transport SIP relating to the prohibition against significant contribution to nonattainment ofthe 8-hour 1997 Ozone NMOS in any other state. EPA concluded that emissions from Oklahoma significantly contribute to interference with maintenance ofthe 8-hour 1997 Ozone NMOS in anotherstate. Therefore, EPA issued a Federal Implementation Plan (FIP) in a supplemental rule to the Cross State Air Pollution Rule.
This NAAQS Revision: Both EPA's and DEO's analyses ofpossibly significant sources in Oklahoma that are within two miles ofthe State's borders indicate that, for the 2008 Lead (Pb) NMOS, Oklahoma does not contribute significantly to nonattainment in, nor interfere with maintenance by, any other state1

.

1 

### See footnote 7 ofthe Pb Infrastructure SIP Guidance. 

## 10/4/2012 Oklahoma's SIP Submittal "Infrastructure" Checklist 2008 Lead (Pb) NAAQS Update Where Codified or Approved by EPA

76 FR 81838 40 CFR 52.1920(e)

76 FR 80760 40 CFR 52.1930



## 4

### Section 110(a)(2) Summary of Element Provisions in State statutes and rules, and the Current SIP or Element (Statutory Language) Recent SIP Revision Submittals §11 O(a)(2)(D)(i)

- contain adequateprovisions- Oklahoma's EPA-approved air permitting program includes pre-construction 

### Interstate review of PSD sources, including review for impacts ofemissions ofall 

### Transport (i) prohibiting, consistent with the provisions "regulated NSR pollutants." EPA approved the portion ofthe Transport SIP 

### Provisions ofthis title, anysource orothertype of relating to §110(a)(2)(D)(i)(ll) (PSD) forthe 1997 Ozone and PM2s NMOS 

### emissions activitywithin the state from emitting on 1112612010. 

### anyairpollutantin amounts which willOklahoma's 

### R!!!J.ional Haze lmp}ementatiQn Plan Revision, ("RH SIP"), 

### (II) intetfere with measures required to be submitted in February 2010, describes Oklahoma's measures to protect 

### includedin the applicable implementation plan visibility and assure that emissions do not interfere with any other state's 

### forany otherState underpartC 

### to prevent measures to protect visibility. These measures include provisions in OAC 

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

### protect visibility, Oklahoma's Regional Haze SIP on 1212812011 [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 thatwere relied on

### to demonstrate non-interference with other states' visibility protections. EPA issued a FIP covering those units, and found that"

... the controls underthis FIP, in combination with the controls required by the portion ofthe Oklahoma RH submittal thatwe are approving, will serve to prevent sources in Oklahoma from emitting pollutants in amounts that will intetferewith efforts to protect visibility in other states."


### This NAAQS Revision: Any specific lead-related issues related to Oklahoma's permitting program (e.g., lead significance impact levels) would be addressed through a separate submission.
Lead emissions are believed to contribute to visibility impairment only tothe extent that they contribute to the amount ofparticulate matter in the atmosphere. Oklahoma's 

### RegionalHaze lmp}ementation Plan Revision, submitted in February 2010, demonstrates that Oklahoma's PM2.s emissions do not interfere with any other state's measures to protect visibility (this portion approved by EPA on 12129/11). In addition, a memorandum2from Marik Schmidt, OARIOAOPS/AQAD, titled The Estimated Contribution of Ambient Lead (Pb} to Class I Area Visibili!lllml!!!irment, date 11/712011, States "In conclusion,**~** appears that the Pb-related visibility effects (in Class I and other areas) are insignificant in comparison to those associated with sulfate, nitrate, and carbon PM."

2 

### Available at: http://www.eoa.gov/air/leadlpdfs/2011!107Memoambientnbcontribution.pdf 

## 10/4/2012 Oklahoma's SIP Submittal "Infrastructure" Checklist 2008 Lead (Pb) NAAQS Update Where Codified or Approved by EPA

75 FR 72695 40 CFR 52.1920(e)

76 FR 81728 40 CFR 52.1920(c) 

### & (e), 52.1923, and 52.1928

76 FR 81838 40 CFR 52.1920(e)



## 5

### Section 110(a)(2) Element §110(a)(2)(D)(ii)- Interstate and International Transport Provisions



### §11 O(a)(2)(E)(i)

- Adequate Resources

§110(a)(2)(E)(ii)- Adequate Resources (State Boards)



## 10/4/2012 Summary of Element Provisions in State statutes and rules, and the Current SIP or (Statutory Language) Recent SIP Revision Submittals
contain adequateprovisions- Oklahoma's EPA-approved Title V Operating (and PSD) Program includes requirements for providing a notice ofdraft permit to affected states under 

### (ii) insuring compliance with the applicable OAC 252:100-8-8 (SIP revision approved 11126/10). Evaluation 

### requirements ofsections 

### 126 and 115 (relating requirements under the PSD Program are adequate to assure compliance 

### to interstate andinternationalpollution with international pollution abatement requirements. 

### abatement); 

### This NAAQS Revision: Oklahoma does not anticipate that significant changes would be required to implement the 2008 Lead (Pb) NAAQS. 

### provide Oklahoma has previously demonstrated that it currently has and will



### (i) necessaryassurances 

### that the state 

### (or, continueto have adequate personnel and other resources to carry out its air 

### except where the Administratordeems quality programs. The powers and duties ofthe Oklahoma Department of 

### inappropriate, the generalpurpose local Environmental Quality (DEQ) to implement air quality programs (including 

### governmentorgovernments, ora 

### regional implementing Oklahoma's SIP) are described in 27A OS 2-5-105, and 

### agencydesignatedbythe state 

### orgeneral include authorityto accept and expend funds necessary to carry them out. 

### purpose local governments forsuchpurpose) DEQ receives air quality program funds through state appropriations, permit 

### willhave adequate personnel, funding, and application fees, annual operating fees, and Federal §103 

### & §105 (and 

### authority understate 

### (and, as 

### appropriate, other) grants. 

### local) law to carry 

### outsuch implementation plan (andis 

### notprohibitedbyanyprovision of 

### This NAAQS Revision: federal orstate 

### lawfrom carrying outsuch Oklahoma will continue to provide the resources needed to carry out its air 

### implementation plan orporlion thereof); quality responsibilities. No significantadditional personnel or other resources have been identified as required to implement the 2008 Lead (Pb) NAAQS, except as otherwise noted. 

### provide The Oklahoma Environmental Quality Code lays outthe composition and 

### (ii} requirements that the state 

### comply with powers 

### & duties ofthe Environmental Quality Board (27A OS 2-2-101) and 

### the requirements respecting state 

### boards under the Air Quality Advisory Council (27A OS 2-2-201(H) and 2-5-1 07). These 

### section 128, and 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 staffand Executive Director are described in 27A OS 2-3-101and 27A OS 2-3-201, respectively.


### 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 2008 Lead (Pb) NMOS.



## Oklahoma's SIP Submittal "Infrastructure" Checklist 2008 

## Lead (Pb) NAAQS Update Where Codified or Approved by EPA

75 FR 72695 40 CFR 52.1920(c)

40 CFR 52.1920(e) and 52.1960(c)(45)(i) 47 FR 20771 and 59 FR 32365

40 CFR 52.1920(e) and 40 CFR 52.1960(c)(17) and (45)(i) 47 FR 20771 and 59 FR 32365



## 6

### Section 11O(a)(2) Element §11 O(a)(2)(E)(iii)- Adequate Resources (Local or Regional Implementation)

§11 O(a)(2)(F)

- Stationary Source Monitoring System and Reporting

§11 O(a)(2)(G)

- Emergency Episodes



## 10/4/2012 Summary of Element Provisions in State statutes and rules, and the Current SIP or (Statutory Language) Recent SIP Revision Submittals provide NotApplicable. (iii) necessary assurances that where the state has reliedon 

### a local orregional government, agency, orinstrumentalityforthe implementation ofanyplan provision, the state has responsibility forensuringadequate implementation ofsuchplan provision; require, as maybeprescribedby the Source emissions monitoring requirements are addressed in OAC 252:100- Administrator- 43, Sampling and Testing and OAC 252:100-45, Monitoring of Emissions.

(i) the installation, maintenance, and Source emissions inventory requirements are addressed in OAC 252:100-5, replacement ofequipment, andthe Registration ofAir Contaminant Sources. implementation ofothernecessarysteps by owners oroperators ofstationarysoun:es to Area, mobile, and non-road data are reported to EPA on a 3-year cycle. 

### monitoremissions from such sources,

(ii) periodic reports on the nature and OAC 252:100, Air Pollution Control; OAC 252:4-1-5, Availability of a amounts ofemissions andemissions-related Record; 51 OS 24A.1 et seq, Oklahoma Open Records Act. data from such soun:es, and

(iii) correlation ofsuch reports by the state 

### This NAAQS Revision: agency with anyemission limitations or Oklahoma does not anticipate that significant changes would 

### be required as standards establishedpursuant to this Act, a result ofa change in a particular NAAQS, including the 2008 Lead (Pb) which reports shallbe available atreasonable NAAQS. times forpublic inspection; provide forauthoritycomparable to thatin Chapter 6 ofOklahoma's SIP sets forth the state's Emergency Episode Plan section 303 andadequate contingencyplans to (EEP), as required under §110(a)(2)(G) and 40 CFR Part 51, Subpart 

### Himplementsuch authority; Prevention ofAir Pollution Emergency Episodes and, along with the February 2002 SIP update, describes and implements State authority comparable to that in section 303. (Forthe purpose ofEEP's, 40 CFR 

### § 51.150 classifies regions separately with respect to the following pollutants: Sulfuroxides, particulate matter, caroon monoxide, nitrogen dioxide, and ozone.).
As indicated in 40 CFR §52.1934, EPA approved the plan as submitted in 1972 and revised in 1988.


### This NAAQS Revision: Although 40 CFR Part 51, Subpart 

### H and Oklahoma's approved EEP do not specifically address lead, the measures in place are adequate to address an emergency episode.



## Oklahoma's SIP Submittal "Infrastructure" Checklist 2008 

## Lead (Pb) NAAQS Update Where Codified or Approved 

### by EPA

40 CFR 52.1960(c) (48)

75 FR 72695 40 CFR 52.1920(c)

75 FR 72695 40 CFR 52.1920(c)

40 CFR 52.1934 and 73 FR 79400



## 7

### Section 110(a)(2) Element §110(a)(2)(H)- Future SIP Revisions



## 10/4/2012 Summary of Element Provisions in State statutes and rules, and the Current SIP or (Statutory Language) Recent SIP Revision Submittals provide forrevision ofsuch plan- Under authority of OAC 252:100-3-2 and 100-3-3, Appendices E and F of

(i) from time to time as maybe necessaryto OAC 252:100 enumerate the primary and secondary air quality standards take accountofrevisions ofsuch national (NAAQS), respectively. primary orsecondaryambientairquality standardorthe availability ofimproved ormore DEQ's powers and duties to implement air quality programs (including expeditious methods ofattainingsuch standard, implementing Oklahoma's SIP) are described in 27A OS 2-5-105, and and include authority to:



### (ii) exceptasprovidedin paragraph (3J(C), "3. Prepare anddevelop 

### a generalplan forproperairquality wheneverthe Administratorfinds on the basis managementin the state in accordance with the Oklahoma Clean Air ofinformation available to the Administratorthat Act;" theplan is substantiallyinadequate to attain the and nationalambientairqualitystandard which it "20. Canyoutall otherduties, requirements and responsibilities implements, orto otherwise comply with any necessaryandproperforthe implementation ofthe Oklahoma Clean Air additionalrequirements establishedunderthis Actand fulfilling the requirements ofthe Federal Clean AirAct." Act; [27A OS 2-5-1 05(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 published/posted ofall steps in the rulemaking process, in accordance with the state Administrative Procedures Act (75 OS §§ 250.1 through 323), Open Records Act (51 OS §§ 24A.1 through 24A.29), and Open Meetings Act (25 OS§§ 301 through 314), along with corresponding DEQ and state procedural rules. The notices include the opportunityto provide comments priorto and atthe public hearing before the Air Quality Advisory Council and atthe public hearing before the Environmental Quality Board.
Documentation ofthese changes, along with documentation ofany implementation or infrastructure changes, is then submitted by the Governor to EPA as a SIP revision. This process is followed regardless ofwhether 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 of40 CFR §51.102 and associated guidance.


### This NAAQS Revision: Appendix E ofOAC 252:100 was updated to incorporate the 2008 Lead (Pb) NAAQS effective 7/1/2010.
This SIP submittal fulfills the stated requirement.



## Oklahoma's SIP Submittal "Infrastructure" Checklist 2008 Lead (Pb) NAAQS Update Where Codified or Approved by EPA

40 CFR 52.1920/1960; 73 FR 79400, 12129/2008



## 8

### Section 110(a)(2) Element §11 O(a)(2)(1)

- Nonattainment Area Plan Requirements §110(a)(2)(J)- Consultation with Government Officials (§ 

### 121) §110(a)(2)(J)- Public Notification (§ 

### 127)

§110(a)(2)(J)- PSD and Visibility Protection (Part C)



## 10/4/2012 Summary of Element Provisions in State statutes and rules, and the Current SIP or (Statutory Language) Recent SIP Revision Submittals
in the case of 

### a plan orplan revision foran area Not applicable. designatedas a nonattainmentarea, meetthe applicable requirements of parlD (relating to nonattainmentareas);

meetthe applicable requirements ofsection Approved SIP includes established consultation with various federal, local, 121

... (relating to consultation),

... regional, and state agencies and officials. Oklahoma does not anticipate that significant changes would 

### be required as a result ofa change in a particular NAAQS.

meetthe applicable requirements of

... section Public notification procedures to meet the requirements of CAA Section 127 127

... 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.


### This NAAQS Revision: The 2008 Lead (Pb) NAAQS is included in Oklahoma's SIP public notification requirements. DEQ provides notification of lead concentration levels through its annual Air Data Reports. Oklahoma does not anticipate that any significant public notification changes would be required to implement the 2008 Lead (Pb) NAAQS.

meetthe applicable requirements of

... parl C Oklahoma operates 

### its EPA-approved PSD permitting program under OAC

... (relating to prevention ofsignificant 252:100-8, Part 7- Prevention ofSignificant Deterioration (PSD) deterioration ofairqualityandvisibility Requirements for AttainmentAreas ), the existing PSD delegation protection); agreement, and approved and pending portions ofthe SIP
Oklahoma's Rf}9,ionalHaze lmQifl.mentation EJan Revision ("RH SIP"), submitted in February 2010, describes Oklahoma's measures to protect visibility, including provisions in OAC 252:100-8, Part 11. EPA approved core elements ofthe Regional Haze SIP on 1212812011. EPA disapproved Oklahoma's Best Available Retrofit Technology (BART) determinations for several emissions units, and issued a Federal Implementation Plan covering those units.


### This NAAQS Revision: Specific issues or changes related to implementation ofthe 2008 Lead (Pb) NMOS through Oklahoma's PSD permitting program would be addressed through a separate SIP submission. As noted in the Pb Infrastructure SIP Guidance, "

... EPA concludes there are no new applicable visibility protection obligations under section 110(a)(2)(J) as a result ofthe 2008 Pb NAAQS."



## Oklahoma's SIP Submittal "Infrastructure" Checklist 2008 Lead (Pb) NAAQS Update Where Codified or Approved by EPA

40 CFR 52.1920/1960

40 CFR 52.192011960

75 FR 72695 40 CFR 52.1920(c)

76 FR 81728 40 CFR 52.1920(c) 

### & (e), 52.1923, and 52.1928



## 9

### Section 110(a)(2) Element §11 O(a)(2)(K)

- Air Quality Modeling/Data

§110(a)(2)(L)- Penmitting Fees



## 10/4/2012 Summary of Element Provisions in State statutes and rules, and the Current SIP or (Statutory Language) Recent SIP Revision Submittals provide for: Oklahoma conducts air quality modeling to support its demonstrations of

(i) the petformance ofsuch airquality attainment, and reports results to EPA. Oklahomawill continue to update modeling as the Administrator

### may prescribe modeling protocols as appropriate to accommodate evolving program forthe purpose of predic6ng the effecton requirements and standards. ambientairquality ofanyemissions ofanyair pollutantforwhich the Administratorhas Oklahoma currently has no designated nonattainment areas. Source established

### a national ambientairquality modeling requirements are also included in the PSD permitting program. standard, and

(ii) the submission, upon request, ofdata 

### This NAAQS Revision: related to such airqualitymodeling to the Oklahoma's source-oriented dispersion modeling program includes use of Administrator; models such as AERMOD, which has been identified in the Pb Infrastructure SIP Guidance as most appropriate for implementing the 2008 Pb NAAQS under current protocols

.. require the owneroroperatorofeach major Oklahoma's EPA-approved Title V Operating Program includes permit stationarysource to payto the permitting application fees and annual operating fees under OAC 252:100-8 -1.7 and authority, as

### a condition ofanypermitrequired 100-5-2.2, respectively (formerly Regulation 1.4.1 (d) Permitfees) underthisAct, 

### a fee sufficient to cover-

(i) the reasonable costs ofreviewing and acting upon anyapplication forsuch 

### a permit, and (ii) ifthe owneroroperatorreceives 

### a permit forsuch source, the reasonable costs of 

### This NAAQS Revision: implemen6ng and enforcing the terms and Oklahoma does not anticipate that significant changes would be required to conditions ofanysuchpermit (notincluding any implement the 2008 Lead (Pb) NAAQS. courtcosts orothercosts associated with any enforcementaction), untilsuch fee requirement is superseded with respect to such sources by the Administrator's approvalof

### a fee program undertitle V;



## Oklahoma's SIP Submittal "Infrastructure" Checklist 2008 Lead (Pb) NAAQS Update Where Codified or Approved by EPA

40 CFR 52.192011960

75 FR 72695 40 CFR 52.1920(c) 40 CFR 52.1960(c)(48)(ii)(A)
61 FR4220 66 FR 63170



## 10

### Section 11O(a)(2) Element §110(a)(2)(M)- Consultation/ Participation 

### by Affected Local Entities



## 10/4/2012 Summary of Element Provisions in State statutes and rules, and the Current SIP or (Statutory Language) Recent SIP Revision Submittals provide forconsultation andparticipation by Approved SIP includes established opportunities for consultation and localpoliticalsubdivisions affectedbythe plan. 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) are described in 27A OS 2-5-105. The powers and duties ofthe Air QualityAdvisory Council, as listed in 27A OS 2-5-107, include the following: 

### "6. The Councilshallhave the authorityand the discretion to provide 

## a public

### forum forthe discussion ofissues itconsideTS relevant

## to the air qualityofthe state, andto:



### ... c. holdpublic hearings to receive public commentin fulfillment offederal requirements regarding the State Implementation Plan andmake recommendations to the Departmentconcerning the plan;

... (27A OS 2-5-107(6)] Any substantive changes to Oklahoma's SIP, such as NAAQS updates and resuHing program modifications, are initiated through the rulemaking process, which includes public notice and hearing procedures. (See the Oklahoma Administrative Procedures Act [75 OS§§ 250- 323], DEQ procedural rules in OAC 252:4, and procedures approved under40 CFR§51.102(g).) Documentation ofthese changes, along with documentation ofany 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 resuH 

### ofa change in a particular NAAQS.



## Oklahoma's SIP Submittal "Infrastructure" Checklist 2008 Lead (Pb) NAAQS Update Where Codified or Approved by EPA

40 CFR 52.1920/1960



## 11

## STEVEN A. THOMPSON Executive Director



### October 4, 2012 OKLAHOMA DHARTMENT Of ENVIWNMENTAL QUAliTY 

# OKLAHOMA DEPARTMENTOF ENVIRONMENTAL QUALITY

Mr. Ron Cuny, Regional Administrator U.S. Environmental ProtectionAgency- Region VI (6 PD-L) 1445 Ross Avenue, Suite 1200 Dallas TX 75202-2733 

## MARY FALLIN Governor



### RE: Documentation ofProcedures for Submittal ofCertification ofSIP Elements for the 2008 Pb NAAQS under Clean Air Act Sections l!O(a)(l)-(2)
Dear

## Mr. Cuny:
This letter is to certifY that the procedures for preparation and submittal ofOklahoma's Certification of State Implementation Plan (SIP) Elements for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS) under Clean Air Act Sections 110(a)(l)-(2) were in compliance with the requirements of the Oklahoma Administrative Procedures Act, 75 O.S. §§ 250.1 through 323, and 40 CFR § 5Ll02 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 of40 CFR § 5Ll02 and associated guidance.
The Notice ofOpportunity for Public Hearing and Comment on the proposed certification that Oklahoma has adequate resources and authority to implement, maintain, and enforce the 2008 (Pb) NAAQS was posted on the Oklahoma Department ofEnvironmental Qaulity's (DEQ) web site on August 31, 2012. The notice set a tentative public hearing for Thursday, October 4, 2012, and included information on how the public could request a public hearing and submitwritten ororal comments onthe proposed submittal. The notice provided that ifno request for a public hearing was received by 4:30 p.m., Monday, October I, 2012 (the close ofthe 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 (9/112012

- 10/1/2012). Therefore, a notice ofhearing cancellation was posted on the DEQ web site on October 2, 2012. 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 mailing list. Because the submittal involves no rules or program changes, nor matters 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 ofthe Notice ofOpportunity for Public Hearing and Comment and the Notice of Hearing Cancellation, along with screen shots of relevant DEQ web pages.
707 NORTH ROBINSON, P.O. BOX 1677, OKlAHOMACITY, OKlAHOMA 73101-1677 printed on recycled paper with soy ink 

# 0

### Mr. Ron Curry EPA Regional Administrator 2008 Pb NAAQS I-SIP Certification Documentation 

### October4, 2012
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 ofOpportunity for Public Hearing and Comment Notice OfHearing Cancellation Screen Shots OfRelevant DEQ Web Pages

2

### Public Notice

2008 Pb NAAQS I-SIP Certification 1 Posted 8/31/2012



## OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Notice of Opportunity for Public Hearing and Comment Oklahoma’s Section 110 Infrastructure SIP Certification

2008 Lead (Pb) 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 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS). The hearing, if one is requested, will be held on Thursday, October 4, 2012from 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., Monday, October 1, 2012 (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 Required Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS), issued 10/14/2011

. 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 Thursday, October 4, 2012) 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 2008 Lead (Pb) NAAQS §110 Infrastructure SIP Certification should be emailed toMs. 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

2008 Lead (Pb) 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 (9/1/2012 – 10/1/2012) on the proposed certification that Oklahoma has adequate resources and authority to implement, maintain, and enforce the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS). Therefore, the hearing scheduled for Thursday, October 4, 2012 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 will be received through noon on Thursday, October 4, 2012. 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

AQ Rules & Planning Page