Technical Support Document for EPA Proposal on Oklahoma State Implementation Plan

Revisions for Interstate Transport of Pollution, Prevention of Significant Deterioration, Nonattainment New Source Review, Source Registration and Emissions Reporting, and Ru les of Practice and Procedure Background Clean Air Act Section 110(a)(2)(D)(i) On July 18, 1997, EPA promulgated new NAAQS for 8 - hour ozone and for fine particulate matter (PM2.5). Section 110(a)(1) of the CAA requires states to submit SI Ps to address a new or revised NAAQS within 3 y ears after promulgation of such standards, or within such shorter period as EPA may

prescribe. Section 110(a)(2) lists the elements that such new SI Ps must address, as applicable, including section 110(a)(2)(D)(i), which p ertains to interstate transport of certain emissions. On August 15, 2006, EPA issued its “Guidance for State Implementation Plan (SI P) Submission to Meet Current Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8 - Hour Ozone and PM2.5 National Ambient Air Quality Standards” (2006 Guidance). EPA developed the 2006 Guidance to make recommendations to states for making submissions to meet the requirements of section 110(a)(2)(D)(i) for the 1997 8 - hour ozone standards and the 1997 PM2.5 standards . As identified in the 2006 Guidance, the “good neighbor” provisions in section 110(a)(2)(D)(i) require each state to submit a SIP that prohibits emissions that adversely affect another state in the way s contemplated in the statute. Section 110(a)(2)(D)( i) contains four distinct requirements related to the impacts of interstate transport. The SIP must prevent sources in the state from emitting pollutants in amounts which will: (1) contribute significantl y to nonattainment of the NAAQS in other states; ( 2) interfere with maintenance of the NAAQS in other states; (3) interfere with provisions to prevent significant deterioration of air quality in other states; or (4) interfere with efforts to protect visibility in other states. In EPA's November 29, 200 5, Phase 2 rule for the 1997 8 - hour ozone NAAQS (70 FR 71612), EPA called for States to modify their Prevention of Significant Deterioration ( PSD ) program to address NOx as an ozone precursor. The Federal requirements to address NOx as an ozone precursor and the current CFR citation are as follows: • Id entify NOx as an ozone precursor (40 CFR 51.166(b)(49)(i)(a)) • A Major source that is major for NOx shall be major for ozone (40 CFR 51.166(b)(1)(ii)) • Significant means, in reference to a net emissions in crease or potential to emit, a rate of emissions that equals or exceeds 40 tons per ye ar of NOx (40 CFR 51.166(b)(23)) • Any

net emissions increase of 100 tons per y ear of NOx subject to PSD would require an ambient impact anal ys is, including the gatherin g of air qualit y data (40 CFR 51.166(i)(5)(i)(e)) In the August 15, 2006 EPA Guidance EPA stated that: • States are not required to submit PSD and Nonattainment New Source Review (NNSR) program SIPs for PM2.5 until EPA completes regulations establishing the minimum requirements for New Source Review programs for PM2.5 and finalizes the submission schedule• Until the submission date is established in EPA's final PM2.5 implementation rule for

New Source Review (NSR) , states may continue to implement interim programs based on PM10 and need not provide PSD or NNSR program submissions containing rule changes for PM2.5. Because of Court decisions and EPA decisions on petitions concerning this issue, EPA requested States such as Oklahoma to clarify how they are implementing the PM2.5 NAAQS. (For more information please see the EPA Order responding to Petition No. IV - 2008 - 3, which concerns the Louisville Gas and Electric Company Title V/PSD Air Quality Permit. This order can be found in electronic docket EPA - R06 - OAR - 2009 - 0656.) This TSD addresses the requirement that the Oklahoma SIP prevent sources in the state from emitting pollutants in amounts which will interfere with provisions to prevent significant deterioration of air quality in other states. Separatel y, we have proposed to limit the interstate transport of NOx emissions from Oklahoma that affect the ability of downwind states to attain and maintain compliance with the 1997 ozone NAAQS pursuant to CAA 110(a)(2)(D)(i)(I) (75 FR 45210, August 2, 2010). M ay 1, 2007 Submittal On May 1, 2007, we received a SI P revision from the State of Oklahoma intended to address the interstate transport requirements of section 110(a)(2)(D)(i) for both the 1997 8 - hour ozone standards and 1997 PM2.5 standards. In its subm ission, the State of Oklahoma stated that its New Source Review program for major sources satisfies the requirement that pertains to preventing sources in Oklahoma from emitting pollutants that will interfere with measures required to prevent significant d eterioration of air quality in other states. For the PM2.5 NAAQS, Oklahoma stated in its section 110(a)(2)(D)(i) submission that its NSR program includes an interim PSD permitting program for PM2.5. On July 29, 2010 the Oklahoma Department of Environme ntal Quality sent a letter to EPA clarifyingits implementation of the i mplement ation the PM2.5 NAAQS . The letter is further discussed below. June 24, 2010 Submittal On June 24, 2010 Oklahoma submitted additional revisions to Subchapter 8 in OAC 252:10 0 (Permits for Part 70 Sources). These included revisions to the Oklahoma PSD regulations necessary to address NOx as a precursor for the 1997 8 - hour ozone NAAQS (PSD Requirements for Attainment Areas, OAC 252:100 - 8). The submittal also includes revision s to: Definitions (for General Provisions, OAC 252:100 - 8 - 1.1), Definitions (for Part 70 Sources, OAC 252:100 - 8 - 2), Requirements for construction and operating permits (OAC 252:100 - 8 - 4), Permit applications (OAC 252:100 - 8 - 5), Permit content (OAC 252:100 - 8 - 6 ), General permits (OAC 252:100 - 8 - 6.1), Special provisions for affected (acid rain) sources (OAC 252:100 - 8 - 6.3), Permit review by EPA and affected states (OAC 252:100 - 8 - 8), Applicability (OAC 252:100 - 8 - 30) and the definition of major stationary

source foun d in OAC 252:100 - 8 - 31. At this EPA is proposing to only act on the portion of the June 24, 2010 submittal that addresses NOx as an ozone precursor.February

14, 2002 Submittal On February

14, 2002 Oklahoma submitted revisions to its State Implementatio n Plan (SI P). The revisions affect Title 252 of the Oklahoma Administrative Code (OAC 252), the official compilation of agency

rules and executive orders for the State of Oklahoma. EPA approved p ortions of the February 14, 2002 submittal on December 29 , 2008 (73 FR 79400). A t that time , we took no action on : • Chapter 4 (Rules of Practice and Procedure): Subchapters 1 (General Procedures), Subchapter 7 (Environmental Permit Process), and Appendix C (Permitting Process Summary); • Chapter 100 (Air Po llution Control): Subchapter 5 (Registration, Emission Inventory and Annual Operating Fees), Subchapter 7 (Permits for Minor Sources), Subchapter 8 (Permits for Part 70 Sources), Subchapter 9 (Excess Emissions Reporting Requirements) , and Appendices H, I and J . On July 16, 2010 the state submitted a letter to EPA withdrawing th eir 2002 submittal for S ubchapter 9 (Excess Emissions Reporting Requirements). The portion of the 2002 revision being considered for approval relate to: • Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) for major sources ( Chapter 100, Subchapter 8, Permits for Part 70 Sources), • Source registration and emissions reporting, ( Chapter 100, Subchapter 5, Registration, Emission Inventory

and Annual Operating Fees), and • Other rules of practice and procedure , except for revisions relating to minor sources (Chapter 4, Subchapter 1 (General Provisions ) , Subchapter 7 (Environmental Permit Process) and Appendix C . We are not proposing action on revisions submitted for Minor Source New Source Review (NSR) SI P purposes. T hese are: • The portion of “ Availability of a record” found in OAC 252:4 - 1 - 5 (a) , (Chapter 4 , Subchapter 1 ) that relates to minor sources , • Portions of Chapter 4, Subchapter 7 (E nvironmental Permit Process), Part 1 (The Process, OAC 252:4 - 7, Part 1) and Part 3 (Air Qualit y Division Tiers and Time L ines, OAC 252:4 - 7, Part 3) th at relate to minor sources ) 1 , • The Tier I minor source category column found in Appendix C of Chapter 4 . • The definition for minor facility found in OAC 252:100 - 5 - 1.1 (Chapter 100), • Chapter 100, Subchapter 7 (Permits fo r Minor Sources, OAC 252:100 - 7), and • Chapter 100, Appendices H (De Minimis Facilities), I (Insignificant Activities (Registration) L ist , and J (Trivial Activities (De Minimis) L ist). We intend to address the revisions related to minor sources at a later time. The revisions are further discussed below.

1 There is no Part 2 for Chapter 4, Subchapter 7. Parts 5 and 7 do not apply to air matters and w ere not submitted to EPA for approval as a SIP revision.A. OAC 252:4, Rules of Practice and Procedure; and Appendix C.

Oklahoma included a new Chapter 4 (Rules of Practice and Procedure) and which provides administrative procedures for permit issuance, public notice, and administrative proceedings. Chapter 4 was adopted by the State to meet the requirements of the Oklahoma Administrative Pr ocedures Act, which requires each agency to adopt rules describing its organization, method of operation and methods by which the public may

obtain or provide information to the agency . These rules also specify

the requirements of all formal and informal procedures available, including a description of forms and instructions. Subchapter 1 (General Provisions) includes the practices and procedures of the Environmental Quality Board, Advisory

Councils, and the Department of Environmental Quality ; the availa bility of records; and fees for copying, faxing, records search and mail services. Subchapter 7 (Environmental Permit Process) is new and includes Part 1 (The Process) and Part 3 (Air Qualit y Division Tiers and Time Lines). Representative sections of Par t 1 include 252:4 - 7 - 2 (Preamble), 252:4 - 7 - 13 (Notices) and 252:4 - 7 - 15 (Perm it issuance or denial) and are briefl y discussed below. The Preamble to Subchapter 7 is the introductory section, referencing the Uniform Environmental Permitting Act (UEPA), whic h requires that DEQ fit licenses, permits, certificates, approvals and registrations into a category , or Tier, established under the uniform environmental permitting rules. The UEPA was created to streamline the permitting process and is located in Oklahom a Statute Title 27A Environment and Natural Resources, Chapter 2 Oklahoma Environmental Quality Code, Sections 1 through 12. Tier I , (which are not proposed for approval), are administrative decisions made by a technical supervisor without public particip ation, aside from the landowner. Tier II are administrative decisions made by the Division Director with little public participation, including notice to the public, the opportunity for a public meeting and public comment. Tier III are administrative decis ions made b y the Executive Director with extensive public participation, i.e., an administrative evidentiary hearing. Appendix C of Chapter 4 is the Permitting Process Summary , which lists the permit processing steps required under each of the three Tiers . EPA is not proposing to approve the Tier I processing steps in the Appendix. B. OAC 252:100, Air Pollution Control; and Appendices H, I and J. Chapter 100 (Air Pollution Control) in part provides details regarding permitting fees, permitting for mino r facilities, permitting for Part 70 Sources, and PSD requirements and major sources. Subchapter 5 (Registration, Emission Inventory and Annual Operating Fees) includes three separate revisions. The first revision to Subchapter 5 was adopted b y Oklahom a in 1998 and includes requirements to file an emission inventory , formerl y located in Subchapter 7; requirements to pay

annual operating fees, formerly located in Subchapters 7 and 8; and increases to the annual operating fees for minor facilities and non - Part 70 sources.The second revision to Subchapter 5 was adopted by Oklahoma in 1999, to modify the base annual operating fee for minor facilities and the annual operating fee for Part 70 sources. The third revision to Subchapter 5 was adopted b y Oklah oma in 2000, to allow the agency to bill annual operating fees on a flexible schedule; edits define billing dates and identify how errors will be handled. The changes allow fees to be based on the most recent emissions data and require inventories to be s ubmitted prior to March 1. Miscellaneous edits delete redundant text and clarify . EPA is not taking action on Subchapter 7 ( P ermits for minor facilities) . A number of revision s to Subchapter 7 were included with the 2002 submission. Subchapter 8 (P ermits for Part 70 Sources) contains the provisions for NSR and construction permit programs for Part 70 sources. The State reasoned that it would be difficult to separate these rules into Title V and SIP rules without omitting essential requirements, and includes these rules in the submittal. The February 14, 2002 submittal revises 100 - 8: Parts 1 (General Provisions), 5 (Permits for Part 70 Sources), 7 ( PSD Requirements for Attainment Areas), and 9 (Major Sources Affecting Nonattainment Areas). These se ctions include general information, including eligibility

criteria for general and individual permits; sources subject to the permit requirements and permit contents; administrative requirements, including format, transmission of information, review and pe titions; applicability of new sources to NSR requirements; demonstration of best available control technology and evaluation of air quality impact. Finally , Oklahoma is adding a section for the construction of major sources affecting nonattainment areas. Oklahoma does not have areas designated as nonattainment at this time. Should area(s) become designated as nonattainment for a regulated air pollutant in the future, this part would become applicable. EPA is not taking action on Appendix H (De Minimis F acilities) . It is new to the SI P and is referenced in Section 252:100 - 7 - 1.1. Appendix H lists the facilities that qualify under De Minimis, such as agricultural (lawn care), woodworking (portable wood chipping operations), office/janitorial, and cleaning/surface preparation (cold degreasing operations). Appendix H meets 40 CFR 51.160. EPA is not taking action on Appendix I(Insignificant Activities (Registration) L ist) . It is new to the SIP and is referenced in Section 252:100 - 8 - 2. Appendix Ilists th e facilities that qualify under Insignificant Activities, such as combustion equipment (stationary reciprocating engines used exclusively

for emergency

power generation or peaking power service, not more than 500 hours/y ear), storage tanks/distribution (no t more than 10,000 gallons capacity that store volatile organic liquids), and equipment (alkaline/phosphate washers and associated burners, and cold degreasing operations). Appendix Imeets 40 CFR 51.160. EPA is not taking action on Appendix J (Trivial Activities (De Minimis) L ist) . It is new to the SI P and is referenced in Section 252:100 - 8 - 2. Appendix J lists the facilities that qualify under Trivial Activities criteria, such as agricultural (non - commercial lawn care), cooling towers/boiler water (water treatment operations), fugitive emissions (roof coating, service, and repair), andwastewater (removal of basic sediment and water from collection or storage sy stems). Appendix

J meets 40 CFR 51.160 and strengthens the SIP. The State also marked rule text for exclusion from the SIP revisions. These are listed on page 3 of the introduction submitted to EPA. Generall y, the text applied to either: • T oxic air pollutants not addressed b y the SIP, • Rules that do not apply to air matters (i.e. Clean Wat er Act permits), • Minor permit application fees, and • Certain OAC references. Evaluation of Oklahoma SIP Revisions Oklahoma SI P for Prevention of Interference with PSD Provisions in Other States and Revisions to Address NOx as an Ozone Precursor (SI P Revisions Submitted May 1, 2007 and June 24, 2010 and July

29, 2010 Letter) As noted above, the third element of section 110(a)(2)(D)(i) requires a SI P to contain adequate provisions prohibiting emissions that interfere with any other state's required mea sures to prevent significant deterioration of its air quality . EPA’s 2006 Guidance made recommendations for SI P submissions to meet this requirement with respect to both the 1997 8 - hour ozone NAAQS and the 1997 PM2.5 NAAQS. Oklahoma’s May

1, 2007 interst ate transport submission is consistent with the 2006 Guidance, when considered in conjunction with other PSD program revisions submitted by the State. The State’s submittal states: Oklahoma’s New Source Review (NSR) program for major sources satisfies th e requirement of section 110(a)(2)(D)(i) that the State prohibits an y source or other t ype of emission activity

within the State from emitting any air pollutant in amounts which will interfere with measures required to be included in the applicable impleme ntation plan of any other State to prevent significant deterioration of air qualit y. Oklahoma Administrative Code (OAC) 252:100 - 8 - 35(a)(1) requires sources to demonstrate that allowable emissions increase from a proposed source or modification, in conjunc tion 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 an y NAAQS in any air quality

control region. Oklahoma’s regulations for its PSD program were approved b y EPA and made part of the SIP on August 25, 1983 (48 FR 38636). Oklahoma’s requirement to demonstrate that an emissions increase would not interfere with another state’s PSD measures (OAC 252:100 - 8 - 35(a)(1)) was previou sly

approved b y EPA as Section 1.4.4(f) of Oklahoma Regulation 1.4 (see the table at 40 CFR 52.1920(c)). Oklahoma submitted OAC 252:100 - 35 as a SIP revision on February 14, 2002. The revision recodified the regulation. The 2002 submittal is further dis cussed below and in Appendix A of this Technical Support Document .Consistent with EPA's November 29, 2005, Phase 2 rule for the 1997 8 - hour ozone NAAQS (70

FR 71612), the State submitted a SIP revision on June 24, 2009, to modify its PSD program to addre ss NOx as an ozone precursor (OAC 252:100 - 8). The SI P revision submitted by Oklahoma on June 24, 2010 included revisions to regulate NOx emissions in its PSD permit program as a precursor to ozone. The revisions: • include NOx as an ozone precursor in the definition of Regulated NSR pollutant (OAC 252:100 - 8 - 31), • add that a major source that is major for NOx shall be considered major for ozone in the definition of Major stationary source (OAC 252:100 - 8 - 31), • include a NOx emissions rate of 40 ton s per y ear in the definition of Significant (OAC 252:100 - 8 - 31), and • add that an y net emissions increase of 100 tons per year or more of NOx subject to PSD would require an ambient impact analy sis, including the gathering of air quality data (OAC 252:10 0 - 8 - 33). For the 8 - hour ozone NAAQS, the revision to definition of Regulated NSR pollutant meets the federal definition in 40 CFR 51.166(b)(49) for NOx as an ozone precursor. The revision that a major source that is major for NOx shall be considered ma jor for ozone meets the federal definition in 40 CFR 51.166(b)(1). The revision to include a NOx emissions rate of 40 tons per ye ar in the definition of Significant meets the federal requirement for significant emission rate for NOx emissions in 40 CFR 51 .166(b)(23)(i). The revision that an y net emissions increase of 100 tons per y ear or more of NOx subject to PSD would require an ambient impact analy sis, including the gathering of air qualit y data meets the federal requirement for ambient air impact anal ys is for ozone precursors under the footnote for 40 CFR 166(i)(5)(i)(e). Thus, these revisions meet the requirements of CAA section 110 and 40 CFR 51.166 for establishing NOx emissions as a precursor for ozone. The PSD revision for the 1997 8 - hour ozone NAAQS taken together with the interstate transport SI P, satisfies the requirements of the third element of section 110(a)(2)(D)(i) for the 1997 8 - hour ozone NAAQS, i.e., there will be no interference with any other state’s required PSD measures. As noted above, o n July

29, 2010 the Oklahoma Department of Environmental Quality (ODEQ) sent a letter to EPA clarifyingtheir interpretation of EPA’s interim guidance on use of PM10 as a surrogate for the PM2.5 NAAQS in the Oklahoma PSD program. In the letter ODE Q stated that they would implement the PM2.5 NAAQS consistent with Federal case law, and EPA Administrator petition decisions. ODEQ further stated that: (1) they will not proceed on the general presumption that PM10 is alway s a reasonable surrogate for PM 2.5, (2) for any permit application in which the applicant is seeking to rely on the Surrogate Policy, they will include in the permit record an adequate rationale or demonstration to support the use of PM10 as a surrogate based on the facts and circumstan ces of the specific permit, (3) the permit record will include an explanation of how the impacts from the proposed source construction/modification on the PM2.5 levels were determined, and (4) they will be mindful of the limits provided in the policy itsel f, such as the need to identify the technical difficulties that justify the application of the policy in each specific case. Because of the clarifications, EPA believes that Oklahoma’s approach is appropriate.On the basis of the analysis presented abov e we believe that the Oklahoma SIP as revised with

respect to PSD program requirements, satisfactorily addresses the requirement of CAA section 110(a)(2)(D)(i)(II) that emissions from Oklahoma sources do not interfere with PSD measures in other an y other S tate for the 1997 8 - hour ozone NAAQS and 1997 PM2.5 NAAQS. Emissions Inventory

Requirements Submitted February 14, 2002 (OAC 252:100 - 5 - 2.1) The revisions require certain stationary sources of air pollution to report annual emissions (an emissions invento ry) to the State by March 1 of each y ear, with the provision for an extension of up to 60 day s (OAC 252:100 - 5 - 2.1). The emission inventory requirements were previousl y in OAC 252:100, Subchapter 7 (Permits). Specificall y, the Emissions Inventory requirem ents at OAC 252: 100 - 5 - 2.1 read: Emission inventory (a) Requirement to file an emission inventory . The owner or operator of any facility that is a source of air emissions shall submit a complete emission inventory annually on forms obtained from the divisi on. (1 ) The inventory

shall cover operations during a calendar y ear and shall be submitted prior to March 1 of the following year, unless a 30 - day extension has been granted b y the Division. An additional 30 - day extension may

be granted for good cause shown. (2) De minimis facilities as defined in 252:100 - 7 - 1.1 are not required to submit an annual emission inventory . (b) Content. All inventories submitted to the Division shall include, but shall not be limited to, the following: (1) For those emissions subj ect to a permit, the permit number and the permitted allowable emissions as set forth therein. (2) The amount of the actual emissions, including quantifiable excess emissions, and the basis for such determination. (3) If the actual emissions vary from the allowable or from the previous y ear's actual by more than 30%, an explanation for the difference. (4) For those emissions not the subject of a permit and when requested b y the AQD, a list of all 252:100 rules setting forth emission limitations applicable t o the facility in question and the maximum yearl y allowable for the facility . (c) Documentation. All calculations and assumptions must be verified b y proper documentation. All supporting data, including actual production, throughput and measurement record s along with engineering calculations and other data utilized in accordance with 252: 100 - 5 - 2.1(d), below, must be maintained for at least 5 y ears by the current owner or operator at the facility in conjunction with facility

records of the emission invento ry . This information must either be submitted to the Division or made available for inspection upon request. (d) Method of calculation. The best available data at the time the emission inventory is or should have been prepared shall be used to determine em issions. It shall be the burden of the owner or operator to select the best available data, based on an acceptable method of calculation. The method of calculation used to determine emissions shall be binding upon the owner or operator and the Division fo r the purpose of calculating fees under 252:100 - 5 - 2.2 unless challenged b ythe owner or operator prior to September 1 of the year the inventory is due or by

the Division within six (6) months after the date the inventory is received. Acceptable methods of calculation for determining actual emissions are: (1) Emission factors utilized in the issuance of a relevant Oklahoma Air Quality permit(s) for the facility . (2) Stack tests using appropriate EPA test methods, with advance notification and opportunity

fo r observation by

the Air Quality

Division. (3) Stack tests using appropriate EPA test method may be used for determining the emissions of identical equipment (i.e., same model, same location, and same operating conditions and parameters) when:

(A) Tests ar e performed by persons qualified by

training and experience to perform said tests. (B) Copies of the tests results and methods are available for review b y the Air Quality Division. (4) Continuous emissions monitoring data, when supported b y required certif ication and calibration data. (5) Current AP - 42 factors or other factors acceptable to the Division. (6) Manufacturer's test data, when approved b y the Division as reliable. (7) EPA and EPA - contracted industry - specific emission study data when it can be sh own to be applicable to the facility in question and approved for use in the emission inventory by the Division. (8) Fuel usage and other mass - balance methods when supported b y specific records applicable to the materials on which the calculations are base d and approved for use in the emission inventory

by the Division. (9) An y other method that can be shown to be reasonably accurate when supported b y engineering data and calculations, and approved for use in the emission inventory b y the Division. (e) Meth ods of verification. Emission inventories determined by the division to be substantially

incomplete or substantially incorrect shall, upon the request of the Division, be subject to verification if not satisfactorily completed or corrected within a reason able time. Verification shall be accomplished by an appropriate stack test using EPA approved methods, installation of continuous monitoring equipment, or other methods acceptable to the Division. These requirements are consistent with EPA’s Air Emissions Reporting Requirements, (40 CFR 51, Subpart A), which calls for States to report emissions from stationary sources. Other Revisions Submitted on February 14, 2002 The other revisions submitted on February 14, 2002 are discussed further in Appendix A of this document . We have reviewed the revisions being proposed for approval and believe they are consistent with the applicable requirements of the CAA. The majority of the revisions are administrative in nature, stemming from the State’s initiative to rep eal or otherwise modify redundant or incorrect language within the OAC. The variet y of revisions include recodifiedportions of the Oklahoma SI P, deletions of duplicative and outdated rules, and edits that simplify

text and correct errors. The revisions also incorporate requirements of the Oklahoma Uniform Environmental Permitting Act (UEPA), which requires that the Oklahoma Department of Environmental Quality (ODEQ) fit licenses, permits, certificates, approvals and registrations into a category , or Tier , established under the uniform environmental permitting rules. The UEPA was created to streamline the permitting process and is located in Oklahoma Statute Title 27A Environment and Natural Resources, Chapter 2 Oklahoma Environmental Quality Code, Section s 1 through 12. Tier I are administrative decisions made b y a technical supervisor without public participation, aside from the landowner. Tier II are administrative decisions made b y the Division Director with little public participation, including noti ce to the public, the opportunity for a public meeting and public comment. Tier III are administrative decisions made b y the Executive Director with extensive public participation, i.e., an administrative evidentiary hearin g. CAAA 110(l) Anal ys is Sect ion 110(l) of the Clean Air Act requires: 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. W e have reviewed the revisions proposed for approval and find that the y are consistent with the Clean Air Act.