Michael J Teague 

Secretary of Energy & Environment 

March 14, 2014 

STATE OF OKLAHOMA 

OFFICE OF THE 

SECRETARY OF ENERGY & ENVIRONMENT 

Ron Cuny, Regional Administrator (6RA) 

U.S. Environmental Protection Agency- Region VI 

1445 Ross A venue, Suite 1200 

Dallas, TX 75202-2733 

Mary Fallin 

Governor 

Subject: Withdrawal of the Proposed Revision to Oklahoma's State Implementation Plan 

dated July 16, 2010 

Dear Administrator Cmry: 

In a letter dated September 24, 2013, Governor Mary Fallin appointed me as her designee for the 

pmpose of submitting documents to the U.S. Environmental Protection Agency ("EPA") for 

approval and incorporation into the State Implementation Plan ("SIP") for the State of 

Oldahoma. The Oklahoma Department of Environmental Quality ("DEQ") is given the primary 

responsibility and authority to prepare and implement the State's air quality management plan 

under Oklahoma Statutes. 

The pmpose of this letter is to respond to your letter dated March 13, 2014, and to withdraw the 

proposed revision to Oklahoma's SIP related to the Excess Emissions Reporting Requirements of 

Subchapter 9, which was submitted to the U.S. Environmental Protection Agency ("EPA") on 

July 16, 2010 ("2010 SSM SIP"). This proposed revision concerns excess emissions reporting 

requirements and includes affi1mative defenses for certain excess emissions occurring dming 

periods of startup, shutdown, and malfunction. At the time that the 2010 SSM SIP was being 

developed and at the time of submission, the affi1mative defenses contained in the proposed SIP 

revision were consistent with EPA policy and guidance. However, EPA's policy has changed 

and several lawsuits challenging these types of affirmative defenses have been filed. 

In the lawsuit specifically focused on Oklahoma's 2010 SSM SIP submittal, the Consent Decree 

requires final EPA action on the submittal by April 15, 2014. See Sierra Club v. EPA, Civ. No. 

1:12-cv-00705-CKK (D.D.C. filed on May 2, 2012). Since the final action would include a SIP 

Call, Oklahoma would be required to develop and submit a revised SSM SIP within eighteen 

(18) months. In the broader lawsuit related to the SSM SIPs of thirty-six (36) judsdictions 

(including Oldahoma's 1999 SSM SIP revision), the Modified Settlement Agreement requires 

EPA to issue a final SIP Call by June 12, 2014. See Sierra Club and WildEarth Guardians v. 

EPA, Civ. No. 3:10-cv-04060-CRB (N.D. Cal. filed on Sept. 9, 2010)(Modified Settlement 

Agreement executed on Dec. 4, 2013). 

100 N. BROADWAY, SUITE 2350 • OKLAHOMA CITY, OK 73102 • 405-285-9213 • FAX 405-285-9212 
It is our understanding that EPA is awaiting a decision from the D.C. Circuit Comi of Appeals 

on, among other issues, the use of affirmative defenses in the Pmiland Cement MACT during 

periods of startup and shutdown. See Natural Resources Defense Council v. EPA, No. 10-1371 

(D.C. Cir.). Recognizing that the rationale of the D.C. Circuit Comi of Appeals in the 

forthcoming Portland Cement MACT decision will be an important consideration in determining 

EPA's final approach to the affirmative defense issue, it is expected that the June 12, 2014 

National SIP Call deadline will be extended. Regardless, the SIP Call related to Oklahoma's 

2010 SSM SIP would require Oklahoma to submit a revised SSM SIP prior to the revisions 

required under the National SIP Call and would place Oklahoma in the undesirable position of 

having to develop a revised SIP (including the possible initiation of rulemaking activities) 

without knowing what will be required in the National SIP Call. 

Consequently, in order to avoid the unce1iainty that would result fi·om an earlier deadline, the 

State of Oklahoma withdraws from consideration the proposed 2010 SSM SIP submitted to EPA 

on July 16,2010. We look forward to working with EPA Region 6 in developing a revised SSM 

SIP. If you have questions, please contact Mr. Eddie Tenill, Director, Air Quality Division, 

Depmiment ofEnvironmental Quality, at (405) 702-4100. 

Sincerely, 

cc: Scott A. Thompson, Executive Director, Department of Environmental Quality 

Eddie Ten·ill, Director, DEQ Air Quality Division 

Guy Donaldson, Section Chief, Air Planning Section, EPA Region VI ( 6PD-L)