ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-0AR-2007-0314; FRLApproval and Promulgation of Implementation Plans; Oklahoma; State Implementation

Plan Revisions for Interstate Transport of Pollution, Prevention of Significant

Deterioration, Nonattainment New Source Review, Source Registration and Emissions

Reporting and Rules of Practice and Procedure

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve part of a State Implementation Plan (SIP) revision

submitted by the State of Oklahoma for the purpose of addressing the "good neighbor"

provisions ofClean Air Act (the Act or CAA) section IIO(a)(2)(D)(i) for the 1997 8-hour ozone

National Ambient Air Quality Standards (NAAQS or standards) and the 1997 fine particulate

matter (PM2.5) NAAQS. This SIP revision satisfies a portion ofthe State's obligation to submit

a SIP revision that demonstrates that adequate provisions are in place to prohibit air emissions

from adversely affecting another state's air quality through interstate transport. In this action,

EPA is proposing to approve the Oklahoma Interstate Transport SIP provisions that address the

requirement ofsection IIO(a)(2)(D)(i)(II) that emissions from sources in Oklahoma do not

interfere with measures required in the SIP of any other state under part C ofthe CAA to prevent

"significant deterioration of air quality." EPA is also proposing to approve portions ofthe
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revision to the Oklahoma SIP submitted on February 14, 2002, which relate to Prevention of

Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) for major

sources, source registration and emissions reporting and other rules of practice and procedure

(except for revisions relating to minor sources). Finally, for purposes ofthe 1997 8-hour ozone

NAAQS, EPA also is proposing to approve the portions ofthe SIP revision submitted on June

24,2010 to include nitrogen oxides (NOx) as an ozone precursor in Oklahoma's PSD SIP. This

action is being taken under section 110 and parts C and D ofthe Act.

DATES: Written comments must be received on or before [Insert date 30 days from date of

publication in the Federal Register].

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-0AR-2007-0314,

by one ofthe following methods:

• Federal e-Rulemaking Portal: http.Z'www.regulations.gov.

• Follow the online instructions for submitting comments.

• EPA Region 6 "Contact Us" Web site: http://epa.gov/region6/r6coment.htm. Please click

on "6PD (Multimedia)" and select "Air" before submitting comments.

• E-mail: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please also send a copy by email to the person listed in the FOR FURTHER INFORMATION CONTACT section below.

• Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), at fax number 214-665-

7263.

• Mail: MrGuy Donaldson.Chief Air Planning Section (6PD-L), Environmental

Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.
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• Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L),

Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.

Such deliveries are accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not on

legal holidays. Special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket No. EPA-R06-0AR-2007-0314. EPA's policy is

that all comments received will be included in the public docket without change and may be

made available online at www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential Business Information (CBI)

or other information whose disclosure is restricted by statute. Do not submit information that

you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The

www.regulations.gov web site is an "anonymous access" system, which means EPA will not

know your identity or contact information unless you provide it in the body of your comment. If

you send an e-mail comment directly to EPA without going through www.regulations.gov your

e-mail address will be automatically captured and included as part ofthe comment that is placed

in the public docket and made available on the Internet. If you submit an electronic comment,

EPA recommends that you include your name and other contact information in the body of your

comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to

technical difficulties and cannot contact you for clarification, EPA may not be able to consider

your comment. Electronic files should avoid the use ofspecial characters, any form of

encryption, and be free of any defects or viruses.

Docket: All documents in the docket are listed in the www.regulations.gov index. Although

listed in the index, some information is not publicly available, e.g., CBI or other information

whose disclosure is restricted by statute. Certain other material, such as copyrighted material,
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will be publicly available only in hard copy. Publicly available docket materials are available

either electronically in www.regulations.gov or in hard copy at the Air Planning Section (6PDL), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

The file will be made available by appointment for public inspection in the Region 6 FOIA

Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal holidays.

Contact the person listed in the FOR FURTHER INFORMATION CONTACT paragraph

below or Mr. Bill Deese at 214-665-7253 to make an appointment. If possible, please make the

appointment at least two working days in advance of your visit. There will be a 15 cent per page

fee for making photocopies of documents. On the day ofthe visit, please check in at the EPA

Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.

The state submittal is also available for public inspection during official business hours, by

appointment, at the Oklahoma Department of Environmental Quality, 707 North Robinson, P.O.

Box 1677, Oklahoma City, Oklahoma 73101-1677.

FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-L),

Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas

75202-2733, telephone (214) 665-6645; fax number (214) 665-7263; e-mail address

young.carl@epa.gov. For further information regarding PSD or NNSR, contact: Rick Barrett or

Dinesh Senghani, Air Permits Section (6PD-R), Environmental Protection Agency, Region 6,

1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7227 or (214)

665-7221; fax number (214) 665-7263; e-mail address barrett.richard@epa.gov or

senghani.dinesh@epa.gov.
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SUPPLEMENTARY INFORMATION: Throughout this document wherever "we," "us," or

"our" is used, we mean the EPA.

OUTLINE:

I. What Action is EPA Proposing to Take?

II. What is a SIP?

III. What is the Background for this Proposed Action?

IV. What is EPA's Evaluation ofthe State's Submissions?

V. Statutory and Executive Order Reviews

I. What Action is EPA Proposing to Take?

A. Oklahoma Demonstration of Adequate Provisions Prohibiting Emissions that Interfere with

Prevention of Significant Deterioration Measures in Other States

We are proposing to approve a submission from the State ofOklahoma demonstrating

that the State has adequately addressed one ofthe required elements ofthe CAA section

110(a)(2)(D)(i), the element that requires that the State Implementation Plan prohibit air

pollutant emissions from sources within a state from interfering with measures required to

prevent significant deterioration of air quality in any other state. We are proposing to determine

that emissions from sources in Oklahoma do not interfere with measures to prevent significant

deterioration of air quality in any other state for the 1997 8-hour ozone NAAQS or ofthe 1997

PM2.5 NAAQS (CAA section 110(a)(2)(D)(i)(II)). In this action, we are not addressing the
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elements ofsection 11O(a)(2)(D)(i) for the 1997 8-hour ozone and PM2.5 NAAQS, that pertain to

prohibiting air pollutant emissions from within Oklahoma from: (1) significantly contributing to

nonattainment in any other state, (2) interfering with maintenance ofthe relevant NAAQS in any

other state and (3) interfering with measures required to protect visibility in any other state.

These will be addressed in future rulemakings. I

In conjunction with our proposed finding that emissions from sources in Oklahoma are

not interfering with any other state's PSD program, we are proposing to approve: (1) the portion

ofthe SIP revision submitted by the State on February 14,2002 related to PSD for major

stationary sources and major modifications; and (2) the portion ofthe SIP revision submitted

June 24,2010 addressing NOx as an ozone precursor for PSD. We are proposing to approve

these portions ofthe two SIP revision submittals as revisions to the Oklahoma PSD SIP.

EPA proposes to approve the foregoing revisions relevant to section 110(a)(2)(D)(i)

pursuant to section 110 and part C ofthe Act.

B. Oklahoma SIP Revisions Submitted on February 14,2002 and June 24, 2010

1. February 14,2002 Submittal

In addition to proposing to approve the portion ofthe SIP revision submitted on February

14, 2002 that relates to PSD as a revision to the Oklahoma PSD SIP, we also are proposing to

approve the portions that relate to: (1) NNSR permitting requirements for major stationary

I In a separate action we have proposed to limit the interstate transport ofNOx emissions from Oklahoma that affect

the ability ofdownwind states to attain and maintain compliance with the 1997 ozone NAAQS pursuant to CAA

IIO(aX2XD)(i)(I) (75 FR 45210, August 2,2010).
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sources and major modifications as a revision to the Oklahoma NNSR SIP; (2) source

registration and emissions reporting as part ofthe Oklahoma Major NSR SIP and (3) other rules

of practice and procedure as part ofthe Oklahoma Major NSR SIP. We are proposing to approve

(2) and (3) as meeting the PSD and NNSR SIP requirements. We are not acting upon the SIP

revision submittal for Minor NSR SIP purposes, only for Major NSR SIP purposes. We will take

separate action later in the Federal Register on the submittal with regard to the Minor NSR SIP

requirements.

The submitted revision affects Title 252 ofthe Oklahoma Administrative Code (OAC

252), the official compilation of agency rules and executive orders for the State ofOklahoma.

The majority ofthe revisions are administrative in nature, stemming from the State's initiative to

repeal or otherwise modify redundant or incorrect language within the OAC. The variety of

revisions includes recodified portions ofthe Oklahoma SIP, deletions of duplicative and outdated

rules, and edits that simplify text and correct errors.

The revisions submitted in 2002 proposed for approval are discussed in more detail in the

Technical Support Document (TSD) found in the electronic docket for this action. The

electronic docket can be found at the website www.regulations.gov (docket number EPA-R06-

OAR-2007-0314).

2. June 24, 2010 Submittal

In addition, we are proposing to approve only the portion ofthe SIP revision submitted

by Oklahoma on June 24, 2010 to regulate NOx emissions as a precursor to ozone in its PSD
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program for major sources. We are only acting on the June 24, 2010 submittal as it relates to

NOx as an ozone precursor. We will take separate action on the remainder ofthe June 24, 2010

submittal in a future Federal Register notice.

II. What is a SIP?

Section 110(a) ofthe Clean Air Act (CAA) requires each state to develop a plan that

provides for the implementation, maintenance, and enforcement ofthe national ambient air

quality standards (NAAQS). EPA establishes NAAQS under section 109 ofthe CAA.

Currently, the NAAQS address six criteria pollutants: carbon monoxide, nitrogen dioxide, ozone,

lead, particulate matter, and sulfur dioxide.

The plan developed by a state is referred to as the state implementation plan (SIP).

The content ofthe SIP is specified in section 110 ofthe CAA, other provisions ofthe CAA, and

applicable regulations. SIPs can be extensive, containing state regulations or other enforceable

measures and various types ofsupporting information, such as emissions inventories, monitoring

networks, and modeling demonstrations.

A primary purpose ofthe SIP is to provide the air pollution regulations, control strategies,

and other means or techniques developed by the state to ensure that the ambient air within that

state meets the NAAQS. However, another important aspect ofthe SIP is to ensure that

emissions from within the state do not have certain prohibited impacts upon the ambient air in

other states through interstate transport of pollutants. This SIP requirement is specified in
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section 11O(a)(2)(D)ofthe CAA. Pursuant to that provision, each state's SIP must contain

provisions adequate to prevent, among other things, emissions that interfere with measures

required to be included in the SIP of any other state to prevent significant deterioration of air

quality in any other state.

States are required to update or revise SIPs under certain circumstances. One such

circumstance is EPA's promulgation of a new or revised NAAQS. Each state must submit these

revisions to EPA for approval and incorporation into the federally-enforceable SIP.

III. What is the Background for this Proposed Action?

On July 18, 1997, EPA promulgated new NAAQS for 8-hour ozone and for fine

particulate matter (PM2.5). This action is being taken in response to the promulgation ofthe 1997

8-hour ozone NAAQS and 1997 PM2.5 NAAQS. This action does not address the requirements

for the 2006 PM2.5 NAAQS or the 2008 8-hour ozone NAAQS; those standards will be

addressed in later actions.

Section 11O(a)(l) ofthe CAA requires states to submit SIPs to address a new or revised

NAAQS within 3 years after promulgation ofsuch standards, or within such shorter period as

EPA may prescribe. Section 110(a)(2) lists the elements that such new SIPs must address, as

applicable, including section 110(a)(2)(D)(i), which pertains to interstate transport of certain

emissions. On August 15, 2006, EPA issued its "Guidance for State Implementation Plan (SIP)

Submission to Meet Current Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-
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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 ofsection 110(a)(2)(D)(i) for the 1997 8-hour ozone standards and the

1997 PM2.5standards.

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 ways contemplated in the statute. Section 11O(a)(2)(D)(i) contains four

distinct requirements related to the impacts ofinterstate transport. The SIP must prevent sources

in the state from emitting pollutants in amounts which will: (1) contribute significantly to

nonattainment ofthe NAAQS in other states; (2) interfere with maintenance ofthe 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.

On May 1, 2007, we received a SIP revision from the State of Oklahoma intended to

address the requirements ofsection 11O(a)(2)(D)(i) for both the 1997 8-hour ozone standards and

1997 PM2.5standards. In this rulemaking we are addressing only the requirement that pertains to

preventing sources in Oklahoma from emitting pollutants that will interfere with measures

required to prevent significant deterioration of air quality in other states. In its submission, the

State of Oklahoma stated that its New Source Review program for major sources satisfies this

requirement. With this submission, the state would meet the requirement as contemplated in the

2006 Guidance for SIP submissions to meet the third element ofCAA 110(a)(2)(D)(i).
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On February 14,2002 and June 24,2010, the State of Oklahoma also submitted revisions

to its SIP regulations to EPA. The 2002 revisions require certain stationary sources of air

pollution to report annual emissions (an emissions inventory) to the State by March 1 of each

year, with the provision for an extension of up to 60 days. The revisions also incorporate

requirements ofthe Oklahoma Uniform Environmental Permitting Act (UEPA), which requires

that the Oklahoma Department ofEnvironmental Quality 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, Sections 1 through 12. We previously approved portions ofthe

February 14,2002 submittal, (73 FR 79400, December 29,2008), but did not act on other

portions.

The June 24, 2010 submittal 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). These revisions are discussed below. The June 24,

2010 submittal also included revisions to Subchapter 8 in OAC 252:100 (Permits for Part 70

Sources), which are severable from the NOx requirements addressed in this proposed action. As

we are still reviewing the approvability ofthese other revisions, we are not proposing to take

action on them in this proposed rulemaking. We intend to act on these other revisions in a future

rulemaking.
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IV. What is EPA's Evaluation of the State's Submissions?

A. Interference with PSD Measures in other States

The third element ofsection 110(a)(2)(D)(i) requires a SIP to contain adequate provisions

prohibiting emissions that interfere with any other state's required measures to prevent

significant deterioration ofits air quality. EPA's 2006 Guidance made recommendations for SIP

submissions to meet this requirement with respect to both the 1997 8-hour ozone NAAQS and

the 1997 PM2.5 NAAQS.

EPA believes that Oklahoma's submission is consistent with the 2006 Guidance, when

considered in conjunction with other PSD program revisions that EPA is proposing to approve in

this action. The State's submittal states that Oklahoma's New Source Review (NSR) program

for major sources prohibits any source or other type 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 implementation plan of any other State to prevent significant deterioration of air

quality. Oklahoma's regulations for its PSD program were approved by EPA and made part of

the SIP on August 25, 1983 (48 FR 38636).2 Oklahoma's requirement to demonstrate that an

emissions increase would not interfere with another state's PSD measures (OAC 252:100-8-

35(a)(I» was previously approved by EPA as Section 1.4.4(t) 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

2 The New Source Review regulations in the Oklahoma SIP are found in: (I) OAC 252: 100-8, Part 7, (PSD

Requirements for Attainment Areas) and (2) OAC 252: 100-8, Part 9, (Major Sources Affecting Nonattainment

Areas). There are currently no nonattainment areas in Oklahoma.
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discussed below and in the TSD for this action. Oklahoma submitted further revisions to its PSD

program regulations on June 24, 2010 as discussed below.

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, 2010, to modify its PSD

program to address NOx as an ozone precursor (OAC 252:100-8). These revisions are further

discussed below. EPA believes that the PSD revision for the 1997 8-hour ozone NAAQS that

makes NOx an ozone precursor for PSD purposes, taken together with the PSD SIP, the

proposed revisions to the PSD SIP and the interstate transport SIP, satisfies the requirements of

the third element ofsection 11O(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 because the Oklahoma SIP as

proposed for approval meets current CAA requirements.

For the P~h.5 NAAQS, Oklahoma stated in its section 11O(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 Environmental Quality sent a letter to EPA and 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

PMIO is always a reasonable surrogate for PM2.5, (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 ofPMIO as a surrogate based on the facts

and circumstances ofthe 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
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determined, and (4) they will be mindful ofthe limits provided in the policy itself, such as the

need to identify the technical difficulties that justify the application ofthe policy in each specific

case. The ODEQ letter is included in the electronic docket for this action. With these

clarifications, EPA believes that Oklahoma's approach to PM2.5 permitting is appropriate.

On the basis ofthe analysis presented above EPA is proposing to determine that the

Oklahoma SIP as revised with respect to PSD program requirements, satisfactorily addresses the

requirement ofCAA section 110(a)(2)(D)(i)(II) that emissions from Oklahoma sources do not

interfere with PSD measures in other any other State for the 1997 8-hour ozone NAAQS and

1997 PM2.5 NAAQS.

B. Oklahoma SIP Revisions Submitted on February 14,2002

As discussed above, the SIP revision submitted by Oklahoma on February 14,2002

includes revisions that are administrative in nature and incorporate requirements ofthe

Oklahoma Uniform Environmental Permitting Act.

Portions ofthe February 14,2002, submittal already have been approved by EPA on

December 29,2008 (73 FR 79400). In that action, we identified the portions ofthe submittal for

which we took no action: Chapter 4 (Rules of Practice and Procedure): Subchapters 1 (General

Procedures), Subchapter 7 (Environmental Pennit Process), and Appendix C (Permitting Process

Summary); Chapter 100 (Air Pollution Control): Subchapter 5 (Registration, Emission Inventory

and Annual Operating Fees), Subchapter 7 (Permits for Minor Sources), Subchapter 8 (Permits
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for Part 70 Sources), and Subchapter 9 (Excess Emissions Reporting Requirements). We noted

we would take action on these sections in separate rulemakings. On July 16, 2010 the state

submitted a letter to EPA withdrawing their 2002 submittal for Subchapter 9 (Excess Emissions

Reporting Requirements).

We are proposing to approve the provisions ofthis 2002 SIP revision submittal as part of

the Oklahoma major NSR SIP. We have reviewed the revisions being proposed for approval and

believe they are consistent with the applicable requirements ofthe CAA for major NSR. Our

evaluation ofthese revisions is discussed in more detail in the TSD found in the electronic

docket for this action. The electronic docket can be found at the website www.regulations.gov

(docket number EPA-R06-0AR-2007-0314).

The revisions also require certain stationary sources of air pollution to report annual

emissions (an emissions inventory) to the State by March 1 of each year, with the provision for

an extension of up to 60 days (OAC 252:100-5-2.1). The revisions requiring reporting of

emissions from stationary sources is consistent with our Air Emissions Reporting Requirements,

(40 CFR 51, Subpart A), which calls for States to report emissions from stationary sources.

The provisions submitted by the State that we are proposing to approve as part ofthe

Oklahoma Major NSR SIP are the following:

• Chapter 4 (Rules of Practice and Procedure): Subchapter 1 (General Provisions).

• Chapter 4, Subchapter 7 (Environmental Permit Process), Part 1 (The Process) and Part 3

(Air Quality Division Tiers and Time Lines).
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• Chapter 4, Appendix C (Permitting Process Summary).

• Chapter 100: Subchapter 5 (Registration, Emission Inventory and Annual Operating

Fees).3

• Chapter 100: Subchapter 8 (Permits for Part 70 Sources), Part 1 (General Provisions).

• Chapter 100: Subchapter 8, Part 5 (Permits for Part 70 Sources).

• Chapter 100: Subchapter 8, Part 7 (Prevention of Significant Deterioration (PSD)

Requirements for Attainment Areas).

• Chapter 100: Subchapter 8, Part 9 (Major Sources Affecting Nonattainment Areas).

Thus EPA is proposing approval ofthese provisions as meeting the requirements of

section 110 and parts C and D ofthe Act for a major NSR SIP.

At this time we are not taking action on any portion ofthe February 14,2002 revision

that pertains to minor new source review. The minor new source review submitted provisions

are severable from the major NSR requirements and are severable from the transport SIP

requirements addressed in this action. We intend to act on these provisions in a future

rulemaking.

C. Oklahoma PSD SIP Revisions Submitted on June 24, 2010

3 The revisions also require certain stationary sources of air pollution to report annual emissions (an emissions

inventory) to the State by March I of each year, with the provision for an extension of up to 60 days (OAC 252: 100-

5-2.1). The revisions requiring reporting of emissions from stationary sources is consistent with our Air Emissions

Reporting Requirements, (40 CFR 51, Subpart A), which calls for States to report emissions from stationary sources.

We are approving this as it applies to major stationary sources and major modifications.
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The Oklahoma Department ofEnvironmental Quality made a SIP revision submitted on

June 24, 2010 to meet the requirements ofthe 8-hour NAAQS by including revisions to regulate

NOx emissions in its PSD permit program as a precursor to ozone. The revisions add:

•

8-31),

NOx as an ozone precursor in the definition ofRegulated NSR pollutant (OAC 252: 100-

• that a major source that is major for NOx shall be considered major for ozone in the

definition ofMajor stationary source (OAC 252: 100-8-31),

• a NOx emissions rate of 40 tons per year or more in the definition of Significant (OAC

252:100-8-31), and

• that any net emissions increase of 100 tons per year or more ofNOx subject to PSD

would require an ambient impact analysis, including the gathering of air quality data (OAC

252: 100-8-33).

For the 1997 8-hour ozone NAAQS, the revision to the definition ofRegulated 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 major 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 year or more 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 any

net emissions increase of 100 tons per year or more ofNOx subject to PSD would require an

ambient impact analysis, including the gathering of air quality data meets the federal requirement

for ambient air impact analysis for ozone precursors under the footnote for 40 CFR

166(i)(5)(i)(e). Thus, EPA is proposing approval ofthese revisions as meeting the requirements
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ofCAA section 110 and 40 CFR 51.166 for establishing NOx emissions as a precursor for

ozone.

v. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that

complies with the provisions ofthe Act and applicable Federal regulations. 42 U.S.C. 741O(k);

40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices,

provided that they meet the criteria ofthe Clean Air Act. Accordingly, this action merely

proposes to approve state law as meeting Federal requirements and does not impose additional

requirements beyond those imposed by state law. For that reason, this action:

• is not a "significant regulatory action" subject to review by the Office ofManagement

and Budget under Executive Order 12866 (58 FR 51735, October 4,1993);

• does not impose an information collection burden under the provisions ofthe Paperwork

Reduction Act (44 U.S.c. 3501 et seq.);

• is certified as not having a significant economic impact on a substantial number ofsmall

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

• does not contain any unfunded mandate or significantly or uniquely affect small

governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4);

• does not have Federalism implications as specified in Executive Order 13132 (64 FR

43255, August 10, 1999);

• is not an economically significant regulatory action based on health or safety risks subject

to Executive Order 13045 (62 FR 19885, April 23, 1997);
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• is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355,

May 22, 2001);

• is not subject to requirements of Section 12(d) ofthe National Technology Transfer and

Advancement Act of 1995 (15 U.S.C. 272 note) because application ofthose requirements would

be inconsistent with the Clean Air Act; and

• does not provide EPA with the discretionary authority to address, as appropriate,

disproportionate human health or environmental effects, using practicable and legally

permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this proposed rule does not have tribal implications as specified by Executive Order

13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian

country located in the state, and EPA notes that it will not impose substantial direct costs on

tribal governments or preempt tribal law.
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LiStofSubjects/.~~

--------- Cpart52

Environmental protection, Air pollution control, Intergovernmental relations,

Incorporation by reference, Nitrogen oxides, Ozone, Particulate matter, Reporting and

recordkeeping requirements, Volatile organic compounds.

Authority: 42 U.S.C. 7401 et seq.

Al Armendariz.

Regional Administrato