Oklahoma State Implementation Plan Elements Required Under Section 110(a)(2) for the 1997 8-hour Ozone and 1997 and 2006 Fine Particulate Matter (PM 2.5 ) NAAQS

Docket ID EPA-R06-OAR-2008-0637

Technical Support Document
October 2011

Table of Contents:
I. Introduction II. SIP elements required under Sect ion 110(a)(2) for the 1997 8-hour ozone and the 1997 and 2006 fine particulate matte r NAAQS, the State submittals and EPA analysis
III. EPA’s Recommendation

A. Authority for EPA’s Recommendation

B. Implications of Partial Approval, Partial Disapproval
IV. References

I. Introduction In this technical support document (TSD), EP A is evaluating the submittals provided by the Oklahoma Department of Environmental Qu ality (ODEQ) to meet the requirements of section 110(a)(2) of the Clean Air Act (CAA or Act) for the 1997 ozone and the 1997 and 2006 national ambient air quality st andards (NAAQS or standards) for 8-hour ozone and fine particulate matter. More detail on these standards, section 110(a)(1) and (2 ) of the Act, and the submittals we are reviewing to satisfy the section 110(a)(2) requirements for Oklahoma are provided in subsections A - D, below. Throughout this document, “we,” “us,” and “our” means

EPA. Section II of this TSD provides a descripti on of each element required under section 110(a)(2) of the Act, the State’s re sponse, and our analysis of the State’s response. Copies of the State’s submittals are in the docket for this rulemaking.
Section III of the TSD includes our recomme ndation for action on each of the elements
reviewed herein.
Section IV of the TSD contai ns a list of the guidance doc uments referenced herein. Copies of these guidance documents are in the docket for this rulemaking. On July 18, 1997, EPA promulgated a new NAA QS for ozone (published in volume 62 of the Federal Register (FR), beginning on page 38856, denoted 62 FR 38856) and a new standard for fine particulate matter (62 FR 38652). For ozone, EPA revised the NAAQS to provide an 8-hour averaging period (versus the 1-hour averaging peri od for the 1-hour ozone standard) and set the level of the standard to 0.08 parts pe r million (ppm). The ozone NAAQS was revised again on March 12, 2008 (73 FR 16436) by lowering the primary and secondary standards to 0.075 ppm. On September 16, 2009, the EPA Administrator announced that EPA would take rulemaking action to reconsider th e 2008 primary and secondary ozone NAAQS. On January 19, 2010, EPA proposed to se t different primary and secondary ozone standards than those set in 2008 to provide requis ite protection of public health a nd welfare, respectively (75 FR2

2938). On September 22, 2011, EPA clarified that th e current ozone standa rd is set at 75 ppb. This rulemaking does not address the 2008 ozone standard. The former 1-hour ozone NAAQS was set at 0.12 ppm. For particulate matter (PM), EPA promulga ted a new 24-hour and new annual standard for fine PM, which applies to particles with an aerodynamic diameter less than or equal to 2.5 micrometers (denoted as PM 2.5 ). The annual PM 2.5 standard was set at 15 micrograms per cubic meter ( μ g/m 3 ) and the 24-hour standard was set at 65 μ g/m 3 . On October 17, 2006, we published revised standards for PM (71 FR 61144). For PM 2.5 the annual standard of 15 μ g/m 3 was retained, and the 24-hour st andard was revised to 35 μ g/m 3 . For PM 10 the annual standard was revoked and the 24-hour standard (150 μ g/m 3 ) was retained. Under section 110(a)(1) of the Act, all states are require d to submit plans to provide for the implementation, maintenance and enforcemen t of each NAAQS within 3 years following the promulgation of the NAAQS, or within such sh orter period as EPA may prescribe. Section 110(a)(2) lists 14 elements that must be includ ed in these state implementation plan (SIP) submissions. The requirements include SIP “infrast ructure” elements such as requirements for air pollution control measures and monitoring that are designed to assure attainment, maintenance and enforcement of the NAAQS. Th e statutory language in sections 110(a)(1) and (2) is provided in the docket for this rulemaking. On October 2, 2007, we issued “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and 1997 PM 2.5 National Ambient Air Quality Standards,” Memorandum from William T. Harn ett, Director, Air Quality Policy Division (AQPD), Office of Air Quality Planning and Standards (OAQPS). 1 On September 25, 2009, we issued “Guidance on SIP Elements Required U nder Sections 110(a)(l) and (2) for the 2006 24- Hour Fine Particle (PM 2.5 ) National Ambient Air Quality Standards (NAAQS),” Memorandum also from William T. Harnett, Director, AQPD, OAQPS. Each of these guidance memos addresses the SIP elements found in 110(a)(2). However, the October 2, 2007 Guidance does not address section 110(a)(2)(D)(i) (d ealing with interstate transpor t), which is being addressed separately. 2 In each of these guidance memos, the guidan ce states that to the extent that existing SIPs already meet the requirements, stat es need only certify that fact to us. On December 5, 2007 the ODEQ submitted a letter certifying that the Oklahoma SIP includes all the requirements in section 110(a)(1) and (2) of the Act for implementation of the 1997 8-hour ozone NAAQS. The lett er also stated that ODEQ w ould evaluate the particulate matter provisions of the Oklahoma SIP for consistency with fe deral requirements. On March 27, 2008, EPA published findings co ncerning whether States had made the 110(a)(2) submissions for the 1997 ozone NAAQS ( 73 FR 16205). In this action, we found that Oklahoma made submissions that addressed some, but not all, of the requirements of section 110(a)(2) of the Act necessary to implemen t the 1997 8-hour ozone NAAQS. As required by section 110(a)(2)(C) and (J), Oklahoma had failed to submit a SIP addressing changes to the part C Prevention of Significant Dete rioration (PSD) permit program required by the November 29,

1 This and any other guidance documents referenced in this action are in the docket for this rulemaking.

2 EPA finalized a FIP on July 6, 2011, to limit emissions of ozone precursors and PM that affect the ability of
downwind states to attain the 1997 ozone and 1997 and 2006 PM 2.5 NAAQS (76 FR 48208, August 8, 2011). Known as EPA’s Cross-State Air Pollution Rule, it requires that Oklahoma and 26 other states in the eastern half of the United States must significantly improve air quality by reducing power plant emissions that cross state lines and contribute to ground-level ozone and fine particle pollution in other states. For additional information, please see www.epa.gov/crossstaterule.3

2005 (70 FR 71612, page 71699) final rule that ma de nitrogen oxides (NOx) a precursor for ozone in the part C regulations at 40 CFR 51.166 and in 40 CFR 52.21. On October 22, 2008, EPA published findings concerning whether States had made the 110(a)(2) submissions for the 1997 PM 2.5 NAAQS (73 FR 62902). In this action, we found that Oklahoma failed to make a submittal to satisfy th e requirements of section 110(a)(2) of the Act necessary to implement the 1997 PM 2.5 NAAQS. On June 24, 2010 the ODEQ submitted a letter certifying that the Oklahoma SIP includes all the requirements in secti on 110(a)(1) and (2) of the Act for implementation of the 1997 PM 2.5 NAAQS. Attached to the certif ication letter was supporting in formation that identified the Oklahoma SIP provisions, regulations and st atutes that support the section 110(a)(2) infrastructure elements for the NAAQS. At this time, ODEQ also submitted revisions to their PSD SIP that addressed NOx as a precursor to ozone. EPA approved the SIP revisions incorporating NOx as an ozone precursor (see 75 FR 72695, November 26, 2010). On April 5, 2011 the ODEQ submitted a le tter, including supporting information, certifying that the Oklahoma SIP includes all the requirements in section 110(a)(1) and (2) of the Act for implementation of the 2006 revisions to the PM 2.5 NAAQS.

II. SIP elements required under Section 110(a) (2) for the 1997 8-hour ozone and the 1997 and 2006 fine particulate matter NAAQS, the State submittals, and EPA analysis

The Federally approved SIP for each state is lis ted in Title 40, Part 52, of the US Code of Federal Regulations (denoted 40 CFR 52). The firs t section in this subpart for any state is the “Identification of plan.” The Identification of plan lists the EPA-approved provisions of the SIP for each state, as provided under section 110 of the Act, 42 U.S.C. 7410, and 40 CFR 51 to meet the NAAQS. The status of the Oklahoma SIP is provided in 40 CF R Part 52, Subpart LL, sections 1920 to 1960. The Identification of plan for Oklahoma is in section 1920; this constitutes the applicable SIP for Oklahoma, for purposes of the Act.
Per the General Preamble to the 1990 Clean Air Act Amendments (April 16, 1992 at 57 FR 13498), section 110(a)(2) sets forth elements th at a SIP must contain in order to be fully approved. 3 Below we examine the elements required in section 110(a)(2) and the documentation provided by the ODEQ. Where it is useful, we include tables showi ng the date that the applicable state rules were approved by EPA into the SIP.

1. Enforceable emission limits and other control measures: Section 110(a)(2)(A) requires
SIPs to include enforceable emission limits a nd other control measures, means or techniques, schedules for compliance and other related matte rs. EPA notes that the specific nonattainment area plan requirements of secti on 110(a)(2)(I) are subj ect to the timing requirement of section 172 (non-attainment plan provisions).

The State’s response : In its submittal for the 1997 8- hour ozone NAAQS, the ODEQ did not provide an explanation of how the Oklahom a SIP meets the requirements of section 110(a)(2)(A), but the June 2010 a nd April 2011 certifications for PM 2.5 included tables indicating which Oklahoma statutes and regulati ons act to fulfill the requirements of Section 110(a)(2)(A). In addition, Oklahoma has included some SIP provisions originally submitted in

3 The discussion of section 110(a)(2), subsections (A) through (M) begins on p. 13556 of the General Preamble.4

response to part D in its submissions documen ting its compliance with the infrastructure requirements of section 110(a)(1) and (2). Oklaho ma has continually updated the elements of its SIP revisions submitted in response to the infras tructure requirements of section 110(a)(2) and the nonattainment requirements of part D. For th e purposes of this action, EPA is reviewing any rules originally submitted in response to part D solely for the purposes of determining whether they support a finding that the state has met the basic infrastructure requirements under section 110(a)(2).

EPA analysis : Section 110(a)(2)(A) requi res that all measures and other elements in the
SIP be enforceable. This subsection also aut horizes SIPs to contain certain nontraditional techniques for reducing pollution – economic incen tives, marketable permits, and auctions of emissions rights. The EPA reads this language to require even these other means of achieving
reductions to be enforceable. 4
The Oklahoma Clean Air Act designates th e Oklahoma Department of Environmental Quality (ODEQ) as the state air pollution contro l agency. The Act empowers ODEQ to establish and implement air quality programs and provi des enforcement authority for regulations promulgated under the Act. The ODEQ has promulgated rules to limit and control emissions of, among other things, PM, sulfur compounds (including sulfur dioxide or SO2), nitr ogen compounds (including NOx),
and VOCs. These rules include emission lim its, control measures, permits, fees, and compliance schedules and are found within Title 252, Chapter 100 of the Oklahoma Administrative Code (d enoted 252:100 OAC). EPA has approved into the Oklahoma SIP the below regulations that also meet the requirements of section 110(a)(2)(A):

Regulation 1.4.1 General Permit Requirements Regulation 1.4.2 Construction Permit Regulation 1.4.3 Operating Permit Regulation 1.4.4 Major Sources- Prev ention of Significant Deterioration (PSD) Requirements for Attainment Areas Regulation 1.4.5 Major Sources- Nonattainment Areas Regulation 3.8 Control of Emission of Hazardous Air Contaminants

Regulation 1.4.1 provides for the general permit requirements and permit fees. Regulation 1.4.2 provides for stack height limitations, construc tion permit applications and conditions, and relocation permits. Regulati on 1.4.3 addresses operating permit requirements and conditions. Regulation 1.4.4 identifies the app licability of PSD requir ements and describes the control technology required to be installed by applicable sources. Re gulation 1.4.5 identifies the requirements for sources located in nonatta inment areas. Regulation 3.8 provides for the
emission standards for hazardous air contaminants. EPA has also found the following from Title 252 of the Oklahoma Administrative Code (denoted 252 OAC) as relevant in helping the Oklahoma SIP meet the requirements of section 110(a)(2)(A):

Chapter 4 Rules of Practice and Procedure

4 General Preamble to the 1990 Clean Air Act Amendments (April 16, 1992 at 57 FR 13498, p. 13556)5

Subchapter 9: Administrative Proceedings Chapter 100 Air Pollution Control Subchapter 1: General Provisions Subchapter 3: Air Quality Standards and Increments

S ubchapter 5: Registration of Air Contaminant Sources Subchapter 8: Permits for Part 70 Sources
Subcha pter 9: Excess Emission and Ma lfunction Reporting Requirements Subchapter 13: Open Burning Subchapter 17: Incinerators
Subc hapter 19: Control of Emi ssion of Particulate Matter

S ubchapter 23: Control of Em issions from Cotton Gins Subchapter 24: Particulate Matter Emissions from Grain, Feed, or Seed Operations Subchapter 25: Visible Em issions and Particulates Subchapter 29: Control of Fugitive Dust

S ubchapter 31: Control of Em ission of Sulfur Compounds

S ubchapter 33: Control of Em ission of Nitrogen Oxides

S ubchapter 37: Control of Emission of Organic Materials Subchapt er 39: Emission of Organic Materials in Nonattainment Areas Subchapter 43: Sampling and Testing Requirements Appendix A: Allo wable Emissions for Incinerators with Capacities of 100 lbs/hr

or Greater Appendix C: A llowable Rate of Emissions for I ndirectly Fired Fuel-Burning
Units Appendix D: Allowable Rate of Emissions for Indirectly Fired Wood Fuel- Burning Units Appendix E: Primary Ambi ent Air Quality Standards Appendix F: Secondary Ambi ent Air Quality Standards Appendix G: Allowable Rate of Emissions Appendix L: PM-10 Emission Factors for Permit by Rule for Grain Elevators

Subchapter 9 of chapter 4 describes the admi nistrative procedure for enforcement of the provisions set forth in 252 OAC. Subchapter 1 of chapter 100 provides definitions of words and phrases used in chapter 100 a nd in the Oklahoma Clean Air Act. Subchapter 3 enumerates the primary and secondary ambient air quality standard s and the significant dete rioration increments. Subchapter 5 requires owners/ operators of air pollution sources to provide the ODEQ with information on the emissions from each source. Subchapter 8 sets forth permitting requirements for PSD, nonattainment New Source Review (NSR), and part 70 major sources. Subchapter 9 establishes a system designed to provide timely and accurate data on excess air emissions in the state of Oklahoma caused by malfunction, shut down, startup, or regularly scheduled maintenance. Subchapter 13 restricts open burning of refuse and other combustible materials in order to reduce the emission of particulates and other contaminants produced by these activities. Subchapter 17 defines requirements for incinerator design and places limits on incinerator output, which are based on opacit y. Subchapter 19 sets partic ulate matter emission limits on particulate air contaminants released by the operation and use of fuel-burning equipment. Subchapter 23 restricts air contaminant emissions from cotton gins. Subchapter 24 controls6

particulate matter emissions from fa cilities that handle, store or pr ocess grains, feeds or seeds. Subchapter 25 controls visible emissions and particulate matter emissions from the operation of any air contaminant source. Subchapter 29 contro ls the release of fugitive dust into the air by any operation or action. Subchapt er 31 controls emissions of su lfur compounds from stationary sources by setting standards for industrial sources . Subchapter 33 restricts the emission of NO

x from stationary sources by setting emission limits for fuel combustion operat ions and nitric acid plants. Subchapter 37 limits the emission of vol atile organic compounds ( VOCs) from stationary sources and prescribes standards and practices fo r storage and loading of VOCs, use of organic solvents in cleaning and coating, and other pr ocesses which could emit these pollutants. Subchapter 39 controls the emissi ons of VOCs from stationary s ources located in nonattainment areas, and specifies additional control measures needed in sources affecting those areas. Subchapter 43 provides requirements on air pollution samp ling and testing Appendix A of chapter 100 is a graph defini ng maximum emissions for incinerators with capacities in excess of 100 lb/hr. Appendix C is a graph defi ning particulate matter emission limits for fuel-burning equipment, while Append ix D is a graph defini ng particulate emission limits for wood-waste burning equipment. Appe ndices E and F are tables showing the State’s primary and secondary ambient air qual ity standards, including ozone and PM 2.5 . These ambient air quality standards are consistent with the NAAQS for ozone and PM 2.5 which EPA promulgated on July 18, 1997 (62 FR 38651). A ppendix G specifies the allowable total particulate matter emission rates fo r directly fired fuel-burning un its and industrial processes. Appendix L specifies the PM 10 emission factor for permit by ru le for grain elevators. EPA has also found the following from Title 595 of the Oklahoma Administrative Code (denoted 595 OAC) as relevant in helping the Oklahoma SIP meet the requirements of section 110(a)(2)(A):

Chapter 20 Inspection and Equipment for Motor Vehicles
Subc hapter 3: Emission and Mechanical Inspection of Vehicle Subchapter 9: Class AE Inspection Station, Ve hicle Emission Anti-Tampering Inspection Subchapter 11: Annual Motor Vehicle Inspection and Emission Anti-Tampering Inspection Records and Reports

Subchapters 3 and 9 of chapter 20 describe the general instructions for vehicle mechanical equipment inspection, and explai n when a vehicle emission anti-tampering inspection is required. Subchapter 11 describes the records and reports re quired to be completed by inspectors performing the annual vehicl e inspection and the emission anti-tampering inspection. The State's rules at 252 OAC chapters 4 (s ubchapter 9) and 100 (subchapters 1, 3, 5, 9, 13, 17, 19, 23, 24, 25, 29, 31, 33, 37, 39, 43, and Appendices A, C, D, E, F, G, and L); 595 OAC chapter 20 (subchapters 3, 9, and 11); a nd regulations 1.4.1, 1.4.2, 1.4.3, 1.4.4, 1.4.5, and 3.8 of
the Oklahoma Air Pollution C ontrol Regulations, were approved by EPA for adoption into the SIP and thus are enforceable by the state and EPA, and US citizens are offered legal recourse to
address violations as described in se ction 304 of the Act. See Table 1.
We conclude that the Oklahoma SIP meets the requirements of section 110(a)(2)(A) for
the 1997 ozone and the 1997 and 2006 PM 2.5 NAAQS.7

Table 1: SIP-Approved Oklahoma rules rele vant to meeting section 110(a)(2)(A), as determined by EPA:
Relevant Section of Oklahoma’s SI P EPA Approval/Federal Register Regulation 1.4, Air Resources Management Permits Required 1.4.1: General Permit Requirements
1.4.2: Construction Permit 1.4.3: Operating Permit 1.4.4: Major Sources- Prev ention of Significant Deterioration (PSD) Requirements for
Attainment Areas 1.4.5: Major Sources- Nonattainment Areas 1.4.1: August 25, 1983 at 48 FR 38635 and July 23, 1991 at 56 FR 33715 1.4.2: August 25, 1983 at 48 FR 38635, July 27, 1984 at 49 FR 30184, August 20, 1990 at 55 FR 33905, and July 23, 1991 at 56 FR 33715 1.4.3: August 25, 1983 at 48 FR 38635 1.4.4: August 25, 1983 at 48 FR 38635, July 23, 1991 at 56 FR 33715, and November 8, 1999 at 64 FR 60683 1.4.5: August 25, 1983 at 48 FR 38635 and February 12, 1991 at 56 FR
05653

Regulation 3.8, Control of Emission of Hazardous
Air Contaminants August 15, 1983 at 48 FR 36819

252 OAC 4, Rules of Practice and Procedure Subchapter 9: Admini strative Proceedings December 29, 2008 at 73 FR 79400

252 OAC 100, Air Pollution Control Subchapter 1: General Provisions Subchapter 3: Air Qualit y Standards and Increments Subchapter 5: Registra tion of Air Contaminant

Sources Subchapter 9: Excess Em ission and Malfunction Reporting Requirements Subchapter 13: Open Burning Subchapter 15: Motor Ve hicle Pollution Control
Devices Subchapter 17: Incinerators Subchapter 19: Control of Emission of Particulate

Matter Subchapter 23: Control of Emissions from Cotton
Gins Subchapter 24: Particulat e Matter Emissions from Grain, Feed, or Seed Operations SC 1: November 3, 1999 at 64 FR 59629 SC 3: November 3, 1999 at 64 FR 59629 and December 29, 2008 at 73 FR
79400 SC 5: November 3, 1999 at 64 FR 59629 SC 9: November 3, 1999 at 64 FR 59629 SC 13: December 29, 2008 at 73 FR
79400 SC 15: November 3, 1999 at 64 FR
59629 SC 17: December 29, 2008 at 73 FR
79400 SC 19: December 29, 2008 at 73 FR
79400 SC 23: December 29, 2008 at 73 FR
794008

Relevant Section of Oklahoma’s SI P EPA Approval/Federal Register Subchapter 25: Visible Em issions and Particulates Subchapter 29: Control of Fugitive Dust
Materials Subchapter 31: Control of Emission of Sulfur Compounds Subchapter 33: Control of Emission of Nitrogen
Oxides Subchapter 37: Control of Emission of Organic
Materials Subchapter 39: Emission of Organic Materials in
Nonattainment Areas Subchapter 43: Sampli ng and Testing Methods Subchapter 45: Monitoring of Emissions Appendix A: Allowable Emissions for Incinerators with Capacities of 100 lbs/hr or

Greater Appendix B: Allowable Emissions for Incinerators with Capacities less than 100 lbs/hr Appendix C: Allowable Rate of Emissions for Indirectly Fired Wood Fuel-Burning
Units Appendix D: Allowable Rate of Emissions for Indirectly Fired Wood Fuel-Burning
Units Appendix E: Primary Ambient Air Quality
Standards Appendix F: Secondary Ambient Air Quality
Standards Appendix G: Allowable Rate of Emissions SC 24: December 29, 2008 at 73 FR
79400 SC 25: December 29, 2008 at 73 FR
79400 SC 29: November 3, 1999 at 64 FR 59629 and December 29, 2008 at 73
FR 79400 SC 31: November 3, 1999 at 64 FR 59629 and December 29, 2008 at 73
FR 79400 SC 33: November 3, 1999 at 64 FR 59629 and December 29, 2008 at 73
FR 79400 SC 37: December 29, 2008 at 73 FR
79400 SC 39: December 29, 2008 at 73 FR
79400 SC 43: November 3, 1999 at 64 FR
59629 SC 45: November 3, 1999 at 64 FR 59629 and December 29, 2008 at 73
FR 79400 Appendices A, B, C, D, E, F, and L: December 29, 2008 at 73 FR 79400 Appendix G: November 30, 1999 at 64
FR 59629

595 OAC 20, Inspection and Equipment for Motor
Vehicles Subchapter 3: Emission an d Mechanical Inspection
of Vehicles Subchapter 9: Class AE Inspection Station, Vehicle Emission Anti-Tampering Inspection Subchapter 11: Annual Mo tor Vehicle Inspection and Emission Anti-Tampering Inspection Records and Reports February 29, 1996 at 61 FR 7709

February 29, 1996 at 61 FR 7709

February 29, 1996 at 61 FR 7709

2. Ambient air quality monitori ng and data analysis system : Section 110(a)(2)(B) requires SIPs to include provisions for establishment and operation of ambient air quality monitors, collecting and analyzing ambient air quality data, and making these data available to EPA upon
request.9

The State’s response : The ODEQ maintains a ne twork of air quality monitors to collect ambient
air data that is consistent w ith EPA regulations at 40 CFR 58. The data collected from this network is reported to EPA on a regular basis. In its June 2010 and April 2011 certifications, ODEQ referenced previously approved SI P provisions and 40 CFR 52.1960(c)(22) to demonstrate fulfillment of this infrastructure SIP requirement.

EPA analysis : In addition to the references cited by ODEQ, EPA has taken into consideration the following additional sections of 252 OAC chapter 100 as releva nt in demonstrating that the Oklahoma SIP satisfies the requireme nts of section 110(a)(2)(B):

Chapter 100 Air Pollution Control Subchapter 3: Air Quality Standards and Increments Appendix E: Primary Ambi ent Air Quality Standards Appendix F: Secondary Ambient Air Quality Standards

Subchapter 3 of chapter 100 enumerates th e primary and secondary ambient air quality standards and the PSD increments. Appendices E and F are tables showing the State’s primary and secondary ambient air quality standards, including ozone and PM 2.5 . These ambient air quality standards are consistent with the NAAQS for ozone and PM 2.5 which EPA promulgated on July 18, 1997 (62 FR 38651). These rules were a pproved by EPA for adoption into the SIP.
See Table 2. The 1992 Oklahoma Clean Air Act provides the ODEQ with authority to establish and operate ambient air quality monitors and was approved by EPA for adoption into the Oklahoma
SIP in 1994. 5 The 1992 Oklahoma Clean Air Act is curr ently codified under Title 27A of the Oklahoma Statutes (O.S.). EPA historically has promulgated regulations in part 58 of the CFR, indicating the necessary data States need to collect and submit as part of their SIP. Oklahoma’s air quality surveillance system was approved by EPA on May 31, 1972 (37 FR 10887). A revision to Oklahoma’s air quality surveilla nce network was approved by EPA into the SIP on March 28, 1979 (44 FR 18490). This revision was a general update of Oklahoma’s air quality surveillance network for particulate matter, sulfur dioxide , and photochemical oxidants. On August 6, 1981, EPA approved into the Oklahoma SIP, an air qual ity surveillance system that consists of a network of monitoring stations designated as St ate and Local Air Monito ring Stations (SLAMS),
which measure ambient concentrations of thos e pollutants for which standards have been established in 40 CFR Part 50. EPA approved this air quality surveillance system for the State of
Oklahoma because it was determined that it ad hered to EPA’s Rules and Regulations for Ambient Air Quality Monitoring, Data Reporting, and Surveillance Provisions. 6 As the State air pollution control agency, the ODEQ maintains a ne twork of air quality monitoring stations per 40 CFR 58.3(a). These monitors meet the tech nical requirements of 40 CFR 58, Subpart B and
those that have not been certifi ed as meeting the federal requi rements are identified as “nonregulatory” monitors. The ODEQ website posts past and current concentrations of PM 2.5 and
ozone measured in their network of monitors. The State submits air monitoring data to EPA quarterly and certifies the data annually.

5 See 59 FR 32365, published June 23, 1994.

6 The “Rules and Regulations for Ambient Air Quality Monitoring, Data Reporting, and Surveillance Provisions” were promulgated by EPA on May 10, 1979 (44 FR 27558).10

Based on this analysis, we conclude that th e Oklahoma SIP meets the requirements of section 110(a)(2)(B) for the 1997 ozone and the 1997 and 2006 PM 2.5 NAAQS.

Table 2: Oklahoma rules relevant to meeting section 110(a)(2)(B), as determined by EPA:
Relevant Section of Oklahoma’s SI P EPA Approval/Federal Register 252 OAC 100, Air Pollution Control Subchapter 3: Air Quality Standards and Increments Appendix E: Primary Ambient Air Quality Standards Appendix F: Secondary Ambient Air Quality
Standards November 3, 1999 at 64 FR 59629 December 29, 2008 at 73 FR 79400 December 29, 2008 at 73 FR 79400

3. Program for enforcement of control measures : Section 110(a)(2)(C) requires states to include a program providing for enforcement of th e measures described in subparagraph (A), and the regulation of the modification and constructio n of any stationary source within the areas covered by the SIP as necessary to assure th at the NAAQS are achieved, including a permit program as required in part C.

The State's response : ODEQ has established rules governing the enforcement of control measures, including attainment plans and perm itting programs that regulate construction and modification of stationary sources. In its June 2010 and April 2011 certifications, ODEQ referenced the powers and duties ascribed to it by the Oklahoma Clean Air Act at 27A OS 2-5- 101 and 105 as relevant in demonstrating fulfillm ent of this infrastruc ture SIP requirement.

EPA analysis : EPA has approved into the SIP the following Oklahoma Air Pollution Control Regulations that meet the requi rements of section 110(a)(2)(C):

Regulation 1.4.1 General Permit Requirements Regulation 1.4.2 Construction Permit Regulation 1.4.3 Operating Permit Regulation 1.4.4 Major Sources- Prev ention of Significant Deterioration (PSD) Requirements for Attainment Areas Regulation 1.4.5 Major Sources- Nonattainment Areas

The following sections of 252 OAC are in the SI P and satisfy the requirements of section 110(a)(2)(C):

Chapter 4 Rules of Practice and Procedure Subchapter 9: Administrative Proceedings

Chapter 100 Air Pollution Control Subchapter 3: Air Quality Standards and Increments

S ubchapter 5: Registration of Air Contaminant Sources Subchapter 8: Permits for Part 70 Sources Subchapter 9: Excess Emission a nd Malfunction Reporting Requirements Subchapter 13: Open Burning11

Subchapter 17: Incinerators
Subc hapter 19: Control of Emi ssion of Particulate Matter

S ubchapter 23: Control of Em issions from Cotton Gins Subchapter 24: Particulate Matter Emissions from Grain, Feed, or Seed Operations Subchapter 25: Visible Em issions and Particulates

S ubchapter 31: Control of Em ission of Sulfur Compounds

S ubchapter 33: Control of Em ission of Nitrogen Oxides

S ubchapter 37: Control of Emission of Organic Materials Subchapt er 39: Emission of Organic Materials in Nonattainment Areas Subchapter 43: Testing, M onitoring and Recordkeeping

EPA has found the following from 595 OAC as relevant in showing the Oklahoma SIP satisfies the requirements of section 110(a)(2)(C):

Chapter 20 Inspection and Equipment for Motor Vehicles
Subcha pter 3: Emission and Mechan ical Inspection of Vehicle Subchapter 7: Inspection Stickers and Monthl y Tab Inserts for Windshield and Trailer/Motorcycle
Subc hapter 11: Annual Motor Vehicl e Inspection and Emission AntiTampering Inspection Records and Reports

The 1992 Environmental Quality Act provides the ODEQ with enforcement authority for the rules adopted under the Oklahoma Clean Air Act, and was approved by EPA for adoption into the Oklahoma SIP on June 23, 1994 (59 FR 32365). The 1992 Oklahoma Clean Air Act provides for enforcement authority unde r sections 1805.1, 1812, 1817, and 1818, now codified under Title 27A, chapter 2, Article 5 of the Oklaho ma Statutes. These revisions have not been submitted to EPA for approval into the SIP, but the current version of the Oklahoma Statutes retains the enforcement authority appr oved into the Oklahoma SIP in 1994. The administrative proceedings for enfor cement actions, including administrative compliance orders and determination of pe nalty, are provided under 252 OAC chapter 4, subchapter 9. The Emission and Mechanical In spection of Vehicles r ecordkeeping and reporting requirements are provided under 595 OAC chap ter 20, subchapters 3, 7, and 11. Among the issues addressed in 252 OAC chapter 100, subchapters 3, 5, 9, 13, 17, 19, 23, 24, 25, 31, 33, 37, 39, 43, 45, and Appendices A-G and L, we found a llowable emission rates, compliance, control plan requirements, control schedules, monitori ng and testing requirements, and reporting and recordkeeping requirements (see Table 3 below) . These clarify the boundaries beyond which regulated entities in Oklahoma can expect enforcement action. Part C of the Act requires prevention of signifi cant deterioration of air quality, denoted as PSD and codified at 40 CFR 51.166. The PSD pr ogram regulates the construction of any new stationary source or major modifications at exis ting stationary sources for pollutants where the
area the source is located is in attainment/unclassifiable with the NAAQS. Regulation 1.4.1 of
the Oklahoma Air Pollution C ontrol Regulations provides for general permit requirements. Regulations 1.4.2 and 1.4.3 provide for construction and opera ting permits. Regulation 1.4.4 describes the PSD requirements for attainme nt areas, while Regulation 1.4.5 describes the12

requirements for sources located in nonattainme nt areas. 252 OAC chapter 100, subchapter 3, sets forth the PSD increments, which are consistent with EPA’s PSD increments in accordance with 40 CFR 51.166 (see Table 3 below). PSD in crements limit increases in pollutant
concentration due to new sources. Oklahoma’s PSD program was initially approved into the SIP on August 25, 1983 (see 48 FR 38635), giving the State authority to issue PS D permits and enforce them under its approved PSD SIP. In response to the new PM 10 NAAQS promulgated by EPA on July 1, 1987, Oklahoma revised its existing regu lations for PSD to reflect th e new NAAQS. These revisions to the Oklahoma SIP were approved by EPA on February 12, 1991 (56 FR 05653). On October 17, 1988, EPA promulgated regulations under secti on 166 of the CAA to prevent significant deterioration of air quality from emissions of n itrogen oxides. In response, Oklahoma revised its SIP by adopting PSD maximum allo wable nitrogen dioxide (NO 2 ) increments and related requirements. EPA found these re visions to be consistent with Federal regulations, and as such were approved into the SIP on July 23, 1991 (56 FR 33715). On November 8, 1999, EPA approved revisions to the PSD rules into the Oklahoma SIP.
These revisions resulted in the Oklahoma SI P regulations meeting a ll of the Federal NSR requirements of 40 CFR part 51, subpart P, Visibility Protection. On March 10, 2003 and December 24, 2003, EPA revised the Oklahoma SIP by incorporating newly promulgated paragraphs of the Federal PSD rule into the Federal Implemen tation Plan (FIP) portion of the

State’s SIP. 7 These revisions were made in order to ensure comprehensive and consistent implementation of the Federal PSD program by Stat e, local, and tribal agencies where EPA has determined that they have the responsibility to implement the Federal PSD program. On December 29, 2008, EPA approved revisions to th e Oklahoma values for particulate matter significant deterioration increments in accordance with 40 CFR 51.166. 8 These revisions to the particulate matter PSD increments comp ly with EPA’s PSD regulations. On March 27, 2008 (73 FR 16205), EPA determined that the State of Oklahoma has failed to submit a SIP addressing changes to th e part C PSD permit program required by the November 29, 2005 (70 FR 71612) final rule that made NO

x a precursor for ozone in the part C regulations at 40 CFR 51.166 and in 40 CFR 52.21. On June 24, 2010, Oklahoma submitted a SIP revision to EPA that incorporated the consid eration of NOx as a precursor for ozone. This SIP revision was approved by EPA on Nove mber 26, 2010 (75 FR 72695). The Oklahoma SIP meets the PSD requirements of section 110(a)(2)(C) for the 1997 and 2006 PM 2.5 NAAQS. To comply with the infrastr ucture requirements of sec tion 110(a)(2)(C) for the PM2.5 NAAQS, a state must provide revisions to implement the NAAQS, due May 16, 2011 (73 FR 28321, May 16, 2008). On July 16, 2010, ODEQ submitted revisions to the Oklahoma SIP that amended their PSD program to meet these PM 2.5 NAAQS implementation requirements. We will act on this submission in a separate ru lemaking. Previously, on December 29, 2008, EPA approved revisions to the values for PM significant de terioration increments in accordance with 40 CFR 51.166. These revisions to the PM PSD increments comply with EPA’s PSD regulations. Based on this analysis, we conclude that th e Oklahoma SIP meets the requirements of section 110(a)(2)(C) for the 1997 8- hour ozone and the 1997 and 2006 PM 2.5 NAAQS.

7 Please see 68 FR 11316 for the March 10, 2003 rulemaking, and 68 FR 74483 for the December 24, 2003 rulemaking.

8 See 73 FR 79400.13

Table 3: Oklahoma rules relevant to meeting section 110(a)(2)(C), as determined by EPA:
Relevant Section of Oklahoma’s SIP EP A Approval/Federal Register Citation Regulation 1.4, Air Resources Management Permits Required 1.4.1: General Permit Requirements
1.4.2: Construction Permit 1.4.3: Operating Permit 1.4.4: Major Sources- Prev ention of Significant Deterioration (PSD) Requirements for
Attainment Areas 1.4.5: Major Sources- Nonattainment Areas 1.4.1: August 25, 1983 at 48 FR 38635 and July 23, 1991 at 56 FR 33715 1.4.2: August 25, 1983 at 48 FR 38635, July 27, 1984 at 49 FR 30184, August 20, 1990 at 55 FR 33905, and July 23, 1991 at 56 FR 33715 1.4.3: August 25, 1983 at 48 FR 38635 1.4.4: August 25, 1983 at 48 FR 38635, July 23, 1991 at 56 FR 33715, and November 8, 1999 at 64 FR 60683 1.4.5: August 25, 1983 at 48 FR 38635 and February 12, 1991 at 56 FR
05653 252 OAC 4, Rules of Practice and Procedure Subchapter 9: Admini strative Proceedings December 29, 2008 at 73 FR 79400

252 OAC 100, Air Pollution Control Subchapter 3: Air Qu ality Standards and

Increments Subchapter 5: Registra tion of Air Contaminant

Sources Subchapter 9: Excess Emission and Malfunction Reporting Requirements Subchapter 13: Open Burning Subchapter 17: Incinerators SC 3: November 3, 1999 at 64 FR 59629 and December 29, 2008 at 73 FR
79400 SC 5: November 3, 1999 at 64 FR 59629 SC 9: November 3, 1999 at 64 FR 59629 SC 13: December 29, 2008 at 73 FR
79400 SC 17: December 29, 2008 at 73 FR
7940014

Subchapter 19: Control of Emission of
Particulate Matter Subchapter 23: Control of Emissions from

Cotton Gins Subchapter 24: Particul ate Matter Emissions from Grain, Feed, or Seed Operations Subchapter 25: Visible Emissions and
Particulates Subchapter 29: Control of Fugitive Dust Subchapter 31: Control of Emission of Sulfur Compounds Subchapter 33: Control of Emission of Nitrogen
Oxides Subchapter 37: Control of Emission of Organic
Materials Subchapter 39: Emission of Organic Materials in
Nonattainment Areas Subchapter 43: Sampli ng and Testing Methods Subchapter 45: Monitoring of Emissions Appendix A: Allowable Emissions for Incinerators with Capacities of
100 lbs/hr or Greater Appendix B: Allowable Emissions for Incinerators with Capacities less
than 100 lbs/hr Appendix C: Allowable Rate of Emissions for Indirectly Fired Wood Fuel- Burning Units Appendix D: Allowable Rate of Emissions for Indirectly Fired Wood Fuel- Burning Units Appendix E: Primary Ambient Air Quality
Standards Appendix F: Secondary Ambient Air Quality
Standards Appendix G: Allowable Rate of Emissions Appendix L: PM 10 Emission Factors for Permit by Rule for Grain Elevators SC 19: December 29, 2008 at 73 FR
79400 SC 23: December 29, 2008 at 73 FR
79400 SC 24: December 29, 2008 at 73 FR
79400 SC 25: December 29, 2008 at 73 FR
79400 SC 29: November 3, 1999 at 64 FR 59629 and December 29, 2008 at 73
FR 79400 SC 31: November 3, 1999 at 64 FR 59629 and December 29, 2008 at 73
FR 79400 SC 33: November 3, 1999 at 64 FR 59629 and December 29, 2008 at 73
FR 79400 SC 37: December 29, 2008 at 73 FR
79400 SC 39: December 29, 2008 at 73 FR
79400 SC 43: November 3, 1999 at 64 FR
59629 SC 45: November 3, 1999 at 64 FR 59629 and December 29, 2008 at 73
FR 79400 Appendices A-F: December 29, 2008 at 73
FR 79400 Appendix G: November 30, 1999 at 64
FR 59629 Appendix L: December 29, 2008 at 73 FR
7940015

595 OAC 20, Inspection and Equipment for

Motor Vehicles Subchapter 3: Emission and Mechanical Inspection of Vehicles Subchapter 7: Inspection Stickers and Monthly
Tab Inserts for Windshield and Trailer/Motorcycle Subchapter 11: Annual Motor Vehicle Inspection and Emission Anti- Tampering Inspection Records and Reports February 29, 1996 at 61 FR 7709

February 29, 1996 at 61 FR 7709

February 29, 1996 at 61 FR 7709

4. Interstate transport, and interstate and international pollution abatement : Section 110(a)(2)(D) is divided into two components, 110(a)(2)(D)(i) and 110( a)(2)(D)(ii). Section 110(a)(2)(D)(i) addresses in terstate transport and requires SIPs to include provisions prohibiting any source or other type of emi ssions activity in one state from contributing significantly to nonattainment, interfering with ma intenance of the NAAQS in another state, or from interfering with measures required to prevent significant deterior ation of air quality or to protect visibility in another state. Section 110(a)(2)(D )(ii) addresses interstate and international pollution abatement, and requires SIPs to include provisions insuri ng compliance with sections 115 and 126 of the Act, relating to interstate and international pollution abatement..

The State's response : In its submittal for the 1997 8- hour ozone NAAQS, the ODEQ did not provide an explanation of how the Oklahom a SIP meets the requirements of section 110(a)(2)(D). In its June 2010 and April 2011 cer tifications, ODEQ referenced previously submitted Interstate Transport SIP for an Assessment of Oklahoma’s Impact on Downwind
Nonattainment for the National Ambient 8-hour Ozone and PM 2.5 Air Quality Standards, submitted in May 2007 and supplemental information submitted in November 2007, as well as the state’s EPA-approved Title V Operating and PSD programs, to demonstrate fulfillment of this infrastructure SIP requirement.

EPA analysis : On April 25, 2005 (70 FR 21147), EPA pub lished a finding that all States had failed to submit new SIPs addressing inters tate transport for the 8-hour ozone and PM 2.5 NAAQS, as required by section 110(a)(2)(D)(i) of the CAA. On May 12, 2005, EPA published the Clean Air Interstate Rule (CAIR), which iden tifies the degree to which emissions of SO2 and NOx in certain States significantly contribute to nonattainment of, or inte rfere with maintenance of, the 1997 8-hour ozone and PM 2.5 NAAQS in downwind States, a nd the reductions that must
be achieved in those States to eliminate su ch contributions. On August 15, 2006, EPA issued guidance entitled “Guidance for State Implementa tion Plan (SIP) Submissions to Meet Current Outstanding Obligations Under Section 110( a)(2)(D)(i) for the 8-hour Ozone and PM 2.5 National Ambient Air Quality Standards,” which indicated th at States within the CAIR region can satisfy section 110(a)(2)(D) by satisfying the requirements of the CAIR. However, Oklahoma is not a State within the CAIR region. The August 15, 20 06, guidance also addressed what the States outside of the CAIR region should consider do ing to meet the “contributing significantly to nonattainment,” “interference with maintenance,” “prevention of significa nt deterioration,” and “protection of visibility” requirements of sec tion 110(a)(2)(D)(i). A SIP submission that meets16

the requirements of section 110(a)(2)(D)(i) has not been approved by EPA into the Oklahoma SIP. In this action, EPA is not proposing to ap prove or disapprove Oklahoma’s SIP submissions regarding the requirements of section 110(a)(2)(D)(i) for the 1997 ozone and PM 2.5 NAAQS. On November 26, 2010, we found for the 1997 ozone and PM2.5 standards, that
emissions from sources in Oklahoma do not interfe re with measures required in the SIP of any other state under part C of the CAA to prevent significant deteri oration of air quality (75 FR 72695). On October 17, 2011, we pr oposed that Oklahoma has sufficient measures to prevent significant contribution to nonatta inment or significant interfer ence with maintenance for the 1997 and 2006 PM2.5 standards (76 FR 64065). In th e same action, we proposed that emissions
from Oklahoma do not contribute to nonattainment of the 1997 ozone standard. We also proposed that emissions from Oklahoma do in terfere with maintenance of the 1997 ozone
standard and took comment on whether emissi ons from Oklahoma do not interfere with maintenance. In this rulemaking, we are addr essing only the requirement that pertains to preventing sources in Oklahoma from emitting po llutants that will interfere with measures required to prevent significant deterioration of air quality in other states for the 2006 PM2.5 standard. In its submission, Oklahoma indicated th at its current NSR SIP is adequate to prevent
such interference. The 2006 Guidance states that the PSD permitting program is the primary measure that each state must include to prevent interference wi th other State’s programs to prevent significant deterioration of air quality in accordance with section 110(a)(2)(D)(i)(II). EPA believes that Oklahoma’s April 5, 2011, submission is consistent with the 2006 Guidance, when considered in conjunction with the State’s PSD program. As di scussed previously in this rulemaking with regards to section 110(a)(2)(C) a nd in the TSD, the State’s PSD program is in the SIP and meets the basic requirements for implementing the PM2 .5 NAAQS . Therefore, EPA is proposing that Oklahoma has sufficient measures in place to prev ent interference with other State’s programs to prevent significant deteriorat ion of the 2006 PM2.5 standard. Section 110(a)(2)(D)(ii) of th e Act requires compliance with sections 115 and 126 of the Act, relating to interstate and international pollution abatement. Section 115(a) addresses endangerment of public health or welfare in foreign countries from pollution emitted in the United States. Pursuant to section 115, the Ad ministrator has neither received nor issued a
formal notification that emissions from Oklahoma are endangering public health or welfare in a foreign country. Section 126(a) of the Act requires new or modified sources to notify neighboring states of potentia l impacts from such sources. Oklahoma PSD permitting regulations at 252 OAC chapter 100 require that affected states be notified of permitting actions and be provided with a copy of the draft permit no later than the commencement of the public comment period. (75 FR 72705). The state also has no pending obligations under section 126 of
the Act. Based on this analysis, we conclude that th e Oklahoma SIP meets the requirements of section 110(a)(2)(D)(ii) of the Ac t for the 1997 ozone and 1997 and 2006 PM 2.5 NAAQS.

5. Adequate resources and authority : Section 110(a)(2)(E) require s states to provide for adequate personnel, funding, and legal authority unde r state law to carry out its SIP and related
issues.

The State’s response : The ODEQ has consistently included as surances in SIP revisions that the State has adequate personnel, f unding, and authority under state la w to carry out the SIP. In its17

June 2010 and April 2011 certifications, ODEQ cite d provisions of the Oklahoma Environmental Quality Act and Oklahoma Clean Air Act, and refe renced aspects of its funding mechanisms for air programs, including permit fees and grant monies.

EPA analysis : Each SIP must show that the state has legal authority to ca rry out the plan (40 CFR 51.230). Chapter 9 of the Oklahoma SIP approved on May 31, 1972, titled “Resources,” provides assurances that the St ate has the adequate resources, i.e., personnel and funding, to carry out their SIP. Oklahoma SIP revisions include a discussion on legal authority, with
reference to Title 27A of the Oklahoma Stat utes and the Oklahoma Clean Air Act. The Oklahoma Environmental Quality Act and the Oklahoma Clean Air Act are both currently
codified at Title 27A of the Oklahoma Statutes. These Acts both name the ODEQ as the state air control agency, with principa l authority in the state on matters relating to the quality of air resources, and charge the ODEQ with prepari ng and implementing the SIP. The Oklahoma Clean Air Act also authorizes the ODEQ to establish fees to review and act on permit applications; amend and review permits; conduct inspections of f acilities; and enforce the rules and orders of permits. Additionally, there are federal sources of funding for the implementation of the 1997 8-
hour ozone and 1997 and 2006 PM 2.5 NAAQS through, for example, the CAA sections 103 and 105 grant funds. The ODEQ receives federal funds on an annual basis, under section 105 of the Act, to support its air quality programs. Fees collected for the Title V and non-Title V permit programs also provide necessary funds to help implement the State’s air programs. More specific information on permitting fees is provided in the discussion for 110(a)(2)(L). Section 110(a)(2)(E)(ii) requi res that the state comply with section 128. Section 128 requires: 1) that the majority of members of the state body which approves permits or enforcement orders do not derive any significant portion of their income from entities subject to permitting or enforcement orders under the CAA; and 2) any potential conflicts of interest by such body be adequately disclosed. In 1982, the EPA approved into the SIP the Oklahoma Code of Ethics for State Officials and Employees (47 FR 20771), and in 1994 EPA approved into the SIP provisions of the Oklahoma Environmental Qualit y Act that pertain to financial disclosures,
conflicts of interest and ethical conduct for th e Executive Director of th e ODEQ and classified employees of the agency (59 FR 32365). We continue to believe that the approved Code of Ethics and provisi ons of the air quality act satisfy the requirements of section 110(a)(2)(E) of the Act for the 1997 8-hour ozone and the
1997 and 2006 PM 2.5 NAAQS.

6. Stationary source emissions monitoring and reporting : Section 110(a)(2 )(F) requires, as may be prescribed by the Administrator, (i) th e installation, maintenance and replacement of equipment, and the implementation of other necessary steps, by owners or ope rators of stationary
sources to monitor emissions from such source s, (ii) periodic reports on the nature and amounts
of emissions and emissions-related data from such sources, and (iii) correlation of such reports by the State agency with any emission limitations or standards established pursuant to this Act, which reports shall be available at reasonable times for public inspection.

The State's response : The ODEQ requires monitoring for air pollutants as part of its new source review permit program. Certai n emission sources ar e required to submit annual and triennial emission inventories, and periodic reporting of em issions, which provide data that is used in air18

quality modeling to help Oklahom a prepare attainment demonstra tion plans. Emission data is available at reasonable times for public inspection, with some information also available on the agency’s web site. ODEQ referenced the following from OAC 252 as relevant to satisfy this requirement:

OAC 252:4-1-5 Availability of a Record OAC 252:100, Air Pollution Control OAC 252:100-43, Sampling and Testing OAC 252:100-45, Monitoring of Emissions OAC 252:100-5, Registration of Air Contam inant Sources (and pending SIP revisions)

EPA analysis : The Oklahoma Clean Air Act provides the ODEQ with authority to require monitoring and recordkeeping and to require th e submittal of emissions data to develop an emissions inventory. In addition to the regulat ory references cited by ODEQ, EPA has found the following SIP-approved sections of 252 OAC chapte r 100 as relevant in de monstrating that the Oklahoma SIP meets the requirements of section 110(a)(2)(F):

Subchapter 1: General Provisions Subchapter 5: Registration of Air Contaminant Sources Subchapter 8: Permits for Part 70 Sources Subchapter 9: Excess Emission a nd Malfunction Reporting Requirements Subchapter 17: Incinerators Subchapter 23: Control of Emissions from Cotton Gins Subchapter 25: Visible Em issions and Particulates Subchapter 29: Control of Fugitive Dust Subchapter 31: Control of Emission of Sulfur Compounds Subchapter 43: Sampling and Testing Requirements

The EPA promulgated monitoring regulations , codified at 40 CFR 51.210 (Subpart K) and Minimum Emission Monitoring Requirements in Appendix P to Part 51. Under section 193 of the Act, the existing regulations remain effectiv e to the extent they are not inconsistent with the current law, until EPA elects to amend them. Under Subpart K, each SIP must: a) provide for monitoring the status of comp liance with any rules and regulat ions that set forth any portion of the control strategy; b) provide for legally enforceable procedures for requiring owners or operators of stationary sources to maintain records of and pe riodically report to the State; c) contain procedures for obtaining and maintainin g data on actual emissions reductions achieved as a result of implementing transportation contro l measures (TCMs); and d) require stationary sources subject to emission standard s as part of an applicable plan to install, calibrate, maintain, and operate equipment for continuously monitoring and recording emissions. Chapter 8 of the original Oklahoma SIP approved on May 31, 1972, titled “Source Surveillance and Enforcement System,” provides fo r a stationary source surveillance system for
the State of Oklahoma. The 1992 Oklahoma Clean Air Act 9 authorizes the ODEQ to maintain and update at least annually an inventory of air emissions from stationary sources at section 1- 1805.1. Requirements for stationary sources subj ect to emission standards as part of an

9 The 1992 Oklahoma Clean Air Act was approved into the Oklahoma SIP on June 23, 1994 (59 FR 32365).19

applicable plan to install, calibrate, maintain, and operate equipment for continuously monitoring and recording emissions are pr ovided under the Oklahoma SIP. These can be found under 252 OAC chapter 100, subchapters 5, 9, 17, 23, 24, 25, 43, and 45 (See Table 5 below). Section 5-2 of subchapter 5 requires the owne r or operator of an air contam inant source to provide the ODEQ with information necessary to evaluate the sour ce’s potential for causing air pollution. Section 9-3 of subchapter 9 describes the general requi rements for reporting of excess emissions from a stationary source. Sectio ns 17-4 and 17-7 of Subchapter 7 estab lish the test method to be used in determining particulate matter emissions from in cinerators. Section 23 -3 of subchapter 23 provides for recordkeeping require ments, visible emissions tes ting, and dispersion modeling for

PM 10 for cotton gins operating in the State. Section 24-3 of subchapter 24 provides for recordkeeping requirements, visible emissions (opacity) testing, and the determination of emissions from grain, feed, and seed facilitie s. Section 25-5 of subchapter 25 requires continuous monitoring of opacity for fluid bed catalytic cracking unit catalyst generators at petroleum refineries and fossil fuel-fired steam generators. Parts 1, 3, and 5 of subchapter 31 provide for performance testing a nd monitoring of emissions from certain stationary sources of sulfur compound emissions. Subchapter 43 provides for the sampling and testing methods to be used in determining emissions form stationary sources. Subchapter 45 requires stationary sources to install, maintain, and operate mon itoring equipment, and to record and maintain
records of emissions. The Oklahoma SIP meets the requirements of section 110(a)(2)(F) for the 1997 8-hour
ozone and the 1997 and 2006 PM 2.5 NAAQS.

Table 5: Oklahoma rules relevant to meeting section 110(a)(2)(F), as determined by EPA:
Relevant Section of Oklahoma’s SI P EPA Approval/Federal Register 252 OAC 100, Air Pollution Control Subchapter 5: Registrati on of Air Contaminant
Sources Section 5-2: Regi stration of Potential Sources
of Air Contaminants Subchapter 9: Excess Emission and Malfunction Reporting Requirements
Section 9-3: General Requirements November 3, 1999 at 64 FR 59629

November 3, 1999 at 64 FR 5962920

Subchapter 17: Incinerators
Section 17-4: Particulate Matter
Section 17-7: Test Methods Subchapter 23: Control of Emissions from Cotton
Gins
Section 23-3: Applicability, General Requirements Subchapter 24: Particulate Matter from Grain, Feed, or Seed Operations
Section 24-3: Applicability, General Requirements Subchapter 25: Visible Em issions and Particulates
Section 25-5: C ontinuous Emission Monitoring for Opacity Subchapter 31: Control of Emission of Sulfur Compounds
Part 1: General Provisions Part 3: Existing Equipment Standards Part 5: New Equipment Standards Subchapter 43: Sampli ng and Testing Methods Section 43-1: Purpose
Section 43-2: Test Procedures
Section 43-3: Conduct of Tests Subchapter 45: Monitoring of Emissions Section 45-1: Purpose Section 45-2: Monitoring Equipment Required Section 45-3: Records Required Section 45-4: Compliance Certifications Section 45-5: Enforceability December 29, 2008 at 73 FR 79400 December 29, 2008 at 73 FR 79400

December 29, 2008 at 73 FR 79400

December 29, 2008 at 73 FR 79400

December 29, 2008 at 73 FR 79400

November 3, 1999 at 64 FR 59629 November 3, 1999 at 64 FR 59629 December 29, 2008 at 73 FR 79400

November 3, 1999 at 64 FR 59629 November 3, 1999 at 64 FR 59629 November 3, 1999 at 64 FR 59629

November 3, 1999 at 64 FR 59629 November 3, 1999 at 64 FR 59629 November 3, 1999 at 64 FR 59629 December 29, 2008 at 73 FR 79400 December 29, 2008 at 73 FR 79400

7. Emergency power : Section 110(a)(2)(G) requires states to provide for authority to address activities causing imminent and substantial endangerment to public health, including contingency plans to implement the emerge ncy episode provisions in their SIPs.

The State's response : Chapter 6 of Oklahoma’s SIP sets forth the State’s Emergency Episode Plan (EEP), as required under se ction 110(a)(2)(G) and 40 CFR 51 subpart H. This EEP, along with the February 2002 SIP update, describes and im plements State authority comparable to that
in section 303.

EPA analysis : EPA compared the State rules to 40 CFR 51 Subpart H – Prevention of Air Pollution Emergency Episodes and Appendix L to Part 51 - Example Regulations for Prevention of Air Pollution Emergency Episodes. Subpart H provides a classification system for episode plans. Each region in a state is classified separately with respect to each of the following pollutants: Sulfur dioxide, particulate matter, carbon monoxide, nitrogen dioxide, and ozone (40 CFR 51.150). An area classified as a Priority I region for ozone has ambient concentrations21

greater than 195 micrograms per cubic meter (denoted μg/m3) or 0.10 ppm for a 1-hour maximum. The regulations do not establish Prior ity II regions for ozone. For particulate matter a Priority I region has ambient concentrations gr eater than 95 μg/m3 annual geometric mean or 325 μg/m3 for a 24-hour maximum. A Priority II region is any ar ea which is not a Priority I region and has ambient concentrations between 60–95 μg/m3 annual geometric mean or 150– 325 μg/m3 for a 24-hour maximum. A Priority IA Region is any area which is Priority I primarily because of emissions from a single point source. Areas that do not meet the criteria for Priority I or II are classified Pr iority III. Table 6 below summar izes the classification for ozone
and PM.

Table 6: Classification of Regions for Ep isode Plans for Ozone and Particulate Matter (40 CFR 51.150) Parameter Priority I Priority II Priority III

Ozone Ambient concentrations > 195 μg/m3 (0.10 ppm)
1-hour maximum Not defined Areas which do not
meet the criteria for Priority I

Particulate

matter Ambient concentrations > 95 μg/m3 annual geometric mean; 325 μg/m3
24-hour maximum Ambient concentrations between 60-95 μg/m3 annual geometric mean; 150-325 μg/m3
24-hour maximum. Areas which do not
meet the criteria for Priority I or II

The significant harm level (SHL) for the 8- hour ozone NAAQS will remain unchanged as 0.6 parts per million ozone, 2-hour average, as indicated in 40 CFR 51.151. EPA believes that the existing ozone-related provisi ons of 40 CFR Subpart H remain appropriate. Therefore, EPA expects that for purposes of the 1997 8-hour ozon e NAAQS, states need only to confirm that they have existing emergency epis ode plan provisions consistent with EPA’s existing regulatory requirements. While Oklahoma has appropriate gene ral emergency powers to address PM 2.5 related episodes, SHLs for PM 2.5 are not provided under Subpart H, nor have SHLs for the 1997 PM 2.5 standards been proposed by EPA. The Oklahom a SIP has not been revised to address contingency plans for PM 2.5 . To evaluate whether the Ok lahoma SIP provides adequate contingency plans for the 1997 PM 2.5 NAAQS, EPA used guidance issued in 2009 for the 2006

PM 2.5 NAAQS. The 2009 Guidance for PM 2.5 recommends that a state with at least one
monitored 24-hour PM 2.5 value exceeding 140.4 μg/m3 since 2006 establish an emergency episode plan and contingency measures to be im plemented should such level be exceeded again. Additionally, the 2009 Guidance for PM 2.5 recommends that if no area of a state has exceeded this 140.4 μg/m3 level since 2006 and the state has appropriate general emergency powers to
address PM 2.5 related episodes, then no specific emerge ncy episode plans are necessary at this time, given the existing monitored levels. The 2006-2010 data for Oklahoma do not exceed 140.4 μg/m3 and have consistently remained belo w the level of 140.4 μg/m3. In fact, these data indicate that the highe st observed value of PM 2.5 in Oklahoma in the 2006 to 2010 time period is 56.5 μg/m3.22

In addition, Subpart H at 51.153 provides for re evaluation of episode plans and requires that, “States should periodically re evaluate priority cla ssifications of all Regions or portion of Regions within their borders. The reevaluation must consider the three mo st recent years of air quality data. If the evaluation indicates a change to a higher priority cl assification, appropriate changes in the episode plan must be made as e xpeditiously as practicable .” The Oklahoma data does not indicate a change to a higher priority, but suggests that emergency episode plans for the

PM 2.5 NAAQS are not needed at this time Oklahoma’s Emergency Episode Plan was la st revised on February 12, 1991 (56 FR 05653), and includes alert, warning, and emergenc y levels for emergency episodes involving

PM 10 and ozone concentrations. We found that the Oklahoma EEP provides for the pollutants specified under 40 CFR 51.150. Using 2006 through 2010 data, we have determined that areas
within Oklahoma meet the classification for Prio rity 1 for ozone and Priority III for particulate
matter. We found that Oklahoma’s EEP is cons istent with the provisi ons of 40 CFR 51.151 and 152, and Appendix L to Part 51. Based on this analysis, we conclude that th e Oklahoma SIP meets the requirements of section 110(a)(2)(G) for the 1997 8- hour ozone and the 1997 and 2006 PM 2.5 NAAQS.

8. Future SIP revisions : Section 110(a)(2 )(H) requires states to have the authority to revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining NAAQS, or in response to an EPA finding th at the SIP is substantially inadequate.

The State’s response : The ODEQ’s powers and duties to implement air quality programs (including implementing Oklahoma’s SIP) are de scribed in the Oklahoma Clean Air Act at 27 OS 2-5-105. Under authority of OAC 252:100- 3-2 and 3-3, Appendices E and F of OAC 252:100 enumerate the primary and secondary ai r quality standards, respectively. Any substantive changes to Oklahoma’s SIP, su ch as NAAQS updates and resulting program modifications, are initiated through the rulemaking process. Documentation of these changes, along with documentation of any implementation or infrastructure changes, is then submitted to EPA as SIP revision. This process is followed regardless of whether it results from A NAAQS update or a finding by the Administrator.

EPA analysis : The Oklahoma Clean Air Act charges the ODEQ with the power and duty to prepare and develop a general plan for proper air quality management in the State. Section 7 of the Oklahoma Environmental Qua lity Act, now codified at Title 27A of the Oklahoma Statues, names the Oklahoma Environmental Quality Board as the rulemaking body for the ODEQ. 10 The Oklahoma Environmental Quality Bo ard is specifically charged with the duty of promulgating rules which will implement the duties and responsibilities of the ODEQ pursuant to the Oklahoma Environmental Qualit y Act. The 1992 Oklahoma Clean Air Act and the 1992 Oklahoma Environmental Quality Act were both approved by EPA into the SIP on June 23, 1994 (59 FR 32365). Thus, Oklahoma has the authority to revise it s SIP as necessary to account for revisions of the NAAQS, adopt more effective methods of attaining the NAAQS, and respond to EPA SIP calls. We are proposing that th e Oklahoma SIP meets the require ments of section 110(a)(2)(H)
for the 1997 8-hour ozone and the 1997 and 2006 PM 2.5 NAAQS.

10 The 1992 Oklahoma Environmental Quality Act was approved by EPA into the Oklahoma SIP on June 23, 1994 (59 FR 32365).23

9. Consultation, public notice, and PSD and visibility protection : Section 110(a)(2)(J) requires states to provide a pr ocess for consultation with local governments and Federal Land Managers (FMLs) carrying out NAAQS implemen tation requirements pursuant to section 121 relating to consultation. Section 110(a)(2)(J) furt her requires states to notify the public if NAAQS are exceeded in an area and to enhance pub lic awareness of measures that can be taken to prevent exceedances. Section 110(a)(2)(J) also requires States to meet applicable requirements of Part C related to prevention of si gnificant deterioration and visibility protection.

The State's response : Oklahoma’s approved SIP includes established consultation with various federal, local, regional, and state agencies. Public notification procedures to meet the requirements of section 127 are established in Oklahoma’s SIP; ODEQ provides notification of ambient air concentration levels for all NAAQS through its forecasting reports and health advisories. Oklahoma operates its EPA-a pproved PSD permitting program under Regulation 1.4.4, Major Sources – Prevention of Significant Deterioration (PSD) Permitting Requirements for Attainment Areas (now OAC 252:100-8, part 7), the existing PSD delegation agreement, and approved and pending portions of the SIP. Oklahoma’s Regional Haze Implementation Plan Revision, submitted in February 2010, describes Oklahoma’s measure sot protect visibility, including provisions in OAC 252:100-8, Part 11.

EPA analysis : Regarding consultation with governme nt officials, section 1805.1 of the 1992 Oklahoma Clean Air Act gives the ODEQ the author ity to advise, consult, and cooperate with other agencies of the State, towns, cities and counties, industries, othe r states and the federal government, and with affected groups in the pr evention and control of new and existing air contamination sources within the State. Chap ter 10 of the original Oklahoma SIP approved on May 31, 1972 (37 FR 10887), provides for intergovernmental cooperation. Oklahoma’s Intergovernmental Consultation Plan was revi sed and approved by EPA on May 14, 1982 (47 FR 20771). The revision consisted of the developmen t and implementation of a State process for consultation and planning with relevant local governmental organizations having responsibility for any SIP development process. The 1990 Ok lahoma Visibility Plan was approved by EPA into the SIP on November 8, 1999 (64 FR 60683), and requires the ODEQ to notify the FLM of the receipt of any analysis of the anticipated imp acts on visibility in any Federal Class I area, and to include a complete copy of the permit app lication of any proposed new major stationary source or major modification that may effect vi sibility in any Federa l Class I area. The Oklahoma Visibility Plan also requires the ODEQ to consider any timely analysis performed by
the FLM and to coordinate with the FLM in conducting any monitoring of visibility in the mandatory Federal Class I area. The Attainment Demonstration for the Central Oklahoma Early Action Compact (EAC) Area was approved by EPA on August 16, 2005 (70 FR 48078), and incorporated a Memorandum of Agreement (MOA ) between the ODEQ and the Association of Central Oklahoma Governments (ACOG) into the Oklahoma SIP. The MOA outlines the duties and responsibilities of each part y for implementation of pollution control measures for the
Central Oklahoma EAC area. The Attainment Demonstration for the Tulsa EAC Area was approved by EPA on August 19, 2005 (70 FR 48645), and also incorporated a MOA between the ODEQ and the Indian Nation Council of Governme nts (INCOG) into the Oklahoma SIP. The MOA outlines the duties and responsibilities of each party for implementation of pollution control measures for the Tulsa Metropolitan Area EAC area. The Oklahoma SIP satisfies this24

portion of the section 110(a )(2)(J) requirements for the 1997 8-hour ozone and the 1997 and

2007 PM 2.5 NAAQS. Regarding public notification, section 110(a)(2)(J) further requires stat es to notify the public if the NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedances. On August 4, 1977 (42 FR 39389), the Oklahoma SIP was revised by amending Regulation 4.2, which provides for public disclosure of emission data. The revision to Regulation 4.2 pr ovided that emission data must be made available at all times to the public during normal working hours. On Ma y 14, 1982 (47 FR 20771), EPA approved into the Oklahoma SIP a Public Notification Workplan, whic h consists of a formal procedure for public notification, including notificati on of exceedances of any nationa l primary ambient air quality standard, the health hazards associated with such pollution, measures which can be taken to prevent such exceedances, and ways for particip ation in regulatory processes to improve air quality. Furthermore, Oklahoma ozone forecasts are made for each day of the ozone season for each forecast area, 11 and are available to the public thr ough the ODEQ website. An air quality forecast for inhalable particulates is also made each day for each forecast area. The public can also subscribe through the ODEQ website to an “Air Quality Health Advisory,” which is a graphic e-mail notification that tells the subscr iber when air pollution levels are currently unhealthy for sensitive groups or worse, allowing citizens to take steps to protect their health and that of their family. 12 The Oklahoma SIP meets this portion of the se ction 110(a)(2)(J) requirements for the 1997 8-hour ozone and the 1997 and 2007 PM 2.5 NAAQS. Regarding PSD and visibility protection, Se ction 110(a)(2)(J) requires States to meet applicable requirements of Part C related to prevention of signifi cant deterioration and visibility protection. Regulation 1.4.1 of th e Oklahoma Air Pollution Control Regulations provides for general permit requirements, and Regulation 1.4.4 de scribes the PSD requirements for attainment areas. Title 252 OAC chapter 100, subchapter 3, sets forth the PSD increments, which are
consistent with EPA’s PSD increments in accordance with 40 CFR 51.166. Oklahoma’s PSD program was initially approved into the SI P on August 25, 1983 (see 48 FR 38635), giving the State authority to issue PSD permits and enfor ce them under its approved PSD SIP. In response
to the new PM 10 NAAQS promulgated by EPA on July 1, 1987, Oklahoma revised its existing regulations for PSD to reflect the new NAAQS. These revisions to the Oklahoma SIP were approved by EPA on February 12, 1991 (56 FR 05653). On October 17, 1988, EPA promulgated regulations under section 166 of the CAA to prevent significant deterioration of air quality from emissions of nitrogen oxides. In response, Oklahoma revised its SIP by adopting PSD maximum allowable nitrogen dioxide (NO 2 ) increments and related requirements. EPA found these
revisions to be consistent with the mi nimum Federal requirements for the PSD NO 2 increment program set forth in 40 CFR 51.166, and as such were approved into the SIP on July 23, 1991 (56 FR 33715). On March 10, 2003 and December 24, 2003, EPA revised the Oklahoma SIP by incorporating newly promulgated paragraphs of the Federal PSD rule into the Federal Implementation Plan (FIP) portion of the State’s SIP. 13 These revisions were made in order to ensure comprehensive and consistent implemen tation of the Federal PSD program by State, local, and tribal agencies where EPA has determ ined that they have the responsibility to

11 There are three forecast areas in Ok lahoma: Lawton, Oklahoma City, and Tu lsa. For more information, please

see http://www.deq.state.ok.us/aqdnew/AQIndex/AQI.htm

. 12 Please see http://www.deq.state.ok.us/aqdnew/AdvisorySignUp.htm

. 13 Please see 68 FR 11316 for the March 10, 2003 rulemaking, and 68 FR 74483 for the December 24, 2003 rulemaking.25

implement the Federal PSD program. On Dece mber 29, 2008, EPA approved revisions to the values for particulate matter PSD in crements in accordance with 40 CFR 51.166. 14 These revisions to the particulate matter PSD incremen ts comply with EPA’s PSD regulations. On March 27, 2008 (73 FR 16205), EPA determined that the State of Oklahoma has failed to submit a SIP addressing changes to the part C PSD permit program required by the November 29, 2005 (70 FR 71612) final rule that made NO

x a precursor for ozone in th e part C regulations at 40 CFR 51.166 and in 40 CFR 52.21. This deficiency was addressed in a June 2010 SIP revision submittal, which EPA approved on November 26, 2010 (75 FR 72695). On November 8, 1999 (64 FR 60683), EPA approved Oklahoma’s Visibili ty Protection Plan for the Federal Class I

area. 15 In that rulemaking, EPA determined that Ok lahoma’s Visibility Protection Plan meets the visibility monitoring and NSR provisions under 40 CFR 51.305 and 51.307, respectively. EPA also determined that Oklahoma’s Visibility Prot ection Plan meets the visibility implementation control strategy and long-term strate gy requirements under 40 CFR 51.302 and 51.306, respectively. Oklahoma’s Visibi lity Protection Plan includes visibility impact evaluation requirements and requires the ODEQ to coordina te with the FLM in conducting any monitoring of visibility in the mandatory Federal Class I area, to notify the FLM of the receipt of any analysis of the anticipated imp acts of sources on visibility in any Federal Class I area, and to consider any timely analysis perfor med and submitted by the FLM. Based on this analysis, we propose that the Oklahoma SIP satisfies the requirements of section 110(a)(2)(J) for the 1997 8- hour ozone and the 1997 and 2006 PM 2.5 NAAQS.

10. Air quality modeling a nd submission of data : Section 110(a)(2)(K ) requires that SIPs provide for performing air quality modeling for predicting effect s on air quality of emissions from any NAAQS pollutant and submissi on of such data to EPA upon request.

The State’s response : Oklahoma conducts air quality modeling to support its demonstrations of attainment, and reports the results to EPA. Oklahoma currently has no designated nonattainment areas. Source modeling requirements are also included in the PSD permitting program. Oklahoma’s modeling program includes modeli ng for PM10, while continuing to update the protocol as appropriate to accommodate PM 2.5

.

EPA analysis : The EPA currently does not have re gulations concerning modeling for the SIP demonstration purposes, but has issued guidance 16 . Modeling and emissions reductions measures have been submitted by Oklahoma and approved into the SIP. For example, we reference the air modeling and emissions reduc tions data submitted within the attainment demonstrations for the Tulsa County Ozone Plan; 17 the Conoco SO 2 Emissions Trade SIP revision; 18 and the Attainment Demonstration SIPs for both the Central Oklahoma EAC area and

14 See 73 FR 79400.

15 Oklahoma has one mandatory Class I area. It is the Wichita Mountains National Wildlife Refuge in Comanche County near Fort Sill Military Reservation.

16 See EPA’s “Guidance on the Use of Models and Other Analyses in Attainment Demonstrations for the 8-hour Ozone NAAQS,” October 2005; and “Guidance on the Use of Models and Other Analyses for Air Quality Goals in Attainment Demonstrations for Ozone, PM 2.5 , and Regional Haze,” April 2007.

17 Approved by EPA on January 31, 1991 (56 FR 03777).

18 Approved by EPA on March 6, 1992 (57 FR 08077).26

the Tulsa EAC area. 19 The measures in these SIP revisions were approved by EPA and adopted
into the SIP. We are proposing that the Oklahoma SIP meet s the requirements of section 110(a)(2)(K)
for the 1997 8-hour ozone and the 1997 and 2006 PM 2.5 NAAQS.

11. Permitting fees : Section 110(a)(2)(L) requ ires SIPs to require each major stationary source to pay permitting fees to cover the cost of re viewing, approving, implementing and enforcing a permit.

The State's response : Oklahoma’s EPA-approved Title V Operating Program includes permit application fees and annual operating fees under OAC 252:100-8-1.7 and 100-5-2.2, respectively (formerly Regulation 1. 4.1(d), Permit Fees).

EPA analysis : Section 1-1806.1 of the 1992 Oklahoma Cl ean Air Act authorizes the ODEQ, through the Board of Environmenta l Quality, to promulgate rules regarding permit fees. Section
1-1814 of the 1992 Oklahoma Clean Air Act establishe s that the owner or operator of any source required to have a permit must pay a permit fee to cover the cost of implementing and enforcing Oklahoma’s permit program authorized by the Oklahoma Clean Air Act and the Federal Clean Air Act. Regulation 1.4.1(d) of the Oklahoma Air Pollution Control Regulations provides for permit fees, and was approved by EPA into the Oklahoma SIP on August 25, 1983 (48 FR 38635). The Oklahoma SIP meets the requirements of section 110(a)(2)(L) for the 1997 8-hour
ozone and the 1997 and 2006 PM 2.5 NAAQS.

12. Consultation/participation by affected local entities : Section 110(a)(2)(M) requires states to provide for consultation and participation in SIP development by local political subdivisions affected by the SIP.

The State’s response : Oklahoma’s approved SIP include s established opp ortunities for consultation and participation by local political subdivisions affected by the SIP. The ODEQ’s powers and duties to implement air quality prog rams (including implementing Oklahoma’s SIP) are described in 27A OS 2-5-105. The powers a nd duties of the Air Qual ity Advisory Council, as listed in 27A OS 2-5-107, include the authority and discretion to provide a public forum for
the discussion of issues it consid ers relevant to the air quality of the state and to hold public hearings to receive public comment in fulfillmen t of federal requirements regarding the SIP and make recommendations to the ODEQ concerning the SIP.

EPA analysis : Section 1-1805.1 of the 1992 Oklahoma Cl ean Air Act authorizes the ODEQ to advise, consult and cooperate with other agencies of the State, towns, cities and counties, industries, other states and the federal government , and with affected groups in the prevention and control of new and existing air contamination sources within the State. The 1992 Oklahoma Clean Air Act was approved by EPA into th e Oklahoma SIP on June 23, 1994 (59 FR 32365) and is currently codified under Titl e 27A of the Oklahoma Statutes.

19 The Attainment Demonstration SIP for the Central Oklahoma EAC area was approved by EPA on August 16, 2005 (70 FR 48078). The Attainment Demonstration SIP for the Tulsa EAC area was approved by EPA on August 19, 2005 (70 FR 48645).27

Per 40 CFR 51.240, each SIP must identify organi zations, by official title, which will participate in developing, implementing and enforc ing the plan and the responsibilities of such organizations. The plan shall include any re lated agreements or memoranda of understanding among the organizations. Oklahoma’s Intergove rnmental Consultation plan was approved by EPA on May 14, 1982 (47 FR 20771), and consisted of a process for consultation and planning with relevant local governmental organizations having responsibility for any SIP revision process. As part of the plan, the State en tered into formal agreements with designated metropolitan planning organizations for air quality pla nning in their respective areas of the State.
The Oklahoma SIP fulfills the requirements of section 110 (a)(2)(M) for the 1997 8-hour
ozone and the 1997 and 2006 PM 2.5 NAAQS.

III. EPA’s Recommendation

We reviewed the Oklahoma submittals, SIP, and air quality data for ozone and PM 2.5 for compliance with the requirements of sections 110(a)(1) and (2) of the Act for the 1997 8-hour
ozone and the 1997 and 2006 PM 2.5 standards. We recommend that EPA propose to approve the submittals provided by the State of Oklahoma to demonstrate that the Oklahoma SIP meets the requirements of sections 110(a)(1 ) and (2) of the Act with resp ect to the 1997 8-hour ozone and
the 1997 and 2006 PM 2.5 standards. These submittals address the infrastructure elements specified in the CAA section 110(a)(2), necessary to implement, maintain, and enforce the 1997
8-hour ozone and 1997 and 2006 PM 2.5 NAAQS.

We recommend approval of the Oklaho ma SIP for the following elements : Emission limits and other control measures: Section 110(a)(2)(A) Ambient air quality monitoring/dat a system: Section 110(a)(2)(B) Program for enforcement of contro l measures: Section 110(a)(2)(C) Interstate transport: Section 110(a) (2)(D)(ii) Adequate resources: Section 110(a)(2)(E) Stationary source monitoring system: Section 110(a)(2)(F) Emergency power: Section 110(a)(2)(G) Future SIP revisions: Section 110(a)(2)(H) Consultation with government of ficials: Section 110(a)(2)(J)
Public notification: Section 110(a)(2)(J) PSD and visibility protectio n: Section 110(a)(2)(J) Air quality and modeling/da ta: Section 110(a)(2)(K) Permitting fees: Section 110(a)(2)(L) Consultation/particip ation by affected local enti ties: Secti on 110(a)(2)(M)

IV. References

1. Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour
Ozone and PM 2.5 NAAQS, Memorandum from William T. Ha rnett, Director, Air Quality Policy Division, OAQPS, to Air Division Directors; dated October 2, 2007.28

2. Guidance on SIP Elements Required Under Section 110(a)(1) and (2 ) for the 2006 24-Hour Fine Particle (PM 2.5 ) NAAQS, Memorandum from William T. Harnett, Director, Air Quality Policy Division, OAQPS, to Regional Air Divi sion Directors, da ted September 29, 2009.