Michael J Teague Secretary of Energy & Environment

March 14, 2014 STATE OFOKLAHOMA OFFICE OFTHE SECRETARYOFENERGY& ENVIRONMENT

Ron Cuny, Regional Administrator (6RA) U.S. EnvironmentalProtectionAgency- Region VI 1445 RossAvenue, Suite 1200 Dallas, TX 75202-2733 MaryFallin Governor

Subject: Withdrawal ofthe Proposed Revision to Oklahoma's State Implementation Plan dated July 16, 2010

DearAdministratorCmry:

In a letter dated September 24, 2013, Governor Mary Fallinappointed 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 ofEnvironmental 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 ofthis letter is to respond to your letter dated March 13, 2014, and to withdrawthe proposed revisionto Oklahoma's SIP relatedto theExcess 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 ofstartup, shutdown, and malfunction. At the time that the 2010 SSM SIP was being developed and at the time ofsubmission, 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 ofaffirmative defenses have beenfiled.

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 ofthirty-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 onDec. 4, 2013).

100N. BROADWAY, SUITE2350 • OKLAHOMA CITY, OK73102 •405-285-9213 •FAX405-285-9212It is our understanding that EPA is awaiting a decision from the D.C. Circuit Comi ofAppeals on, among other issues, the use ofaffirmative defenses in the Pmiland Cement MACT during periods ofstartup 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 CementMACT 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) withoutknowing whatwillberequired intheNational SIP Call.
Consequently, in order to avoid the unce1iainty that would result fi·om an earlier deadline, the State ofOklahoma withdraws from considerationtheproposed 2010 SSM SIP submittedto EPA

onJuly 16,2010. We lookforward to working withEPARegion 6 in developing arevised 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, ExecutiveDirector, Department ofEnvironmental Quality Eddie Ten·ill, Director, DEQ Air QualityDivision Guy Donaldson, Section Chief, AirPlanning Section, EPARegionVI (6PD-L)