[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Proposed Rules]
[Pages 25516-25520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9588]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R06-OAR-2005-OK-0001; FRL-7912-2]
Approval and Promulgation of Air Quality Implementation Plans;
Oklahoma; Attainment Demonstration for the Central Oklahoma Early
Action Compact Area; Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to approve a revision to the Oklahoma
State Implementation Plan (SIP) submitted by the Secretary of the
Environment on December 22, 2004 for Central Oklahoma. This revision
will incorporate a Memorandum of Agreement (MOA) between the Oklahoma
Department of Environmental Quality (ODEQ) and the Association of
Central Oklahoma Governments (ACOG) into the Oklahoma SIP and includes
a demonstration of attainment for the 8-hour National Ambient Air
Quality Standard (NAAQS) for ozone. The MOA outlines pollution control
measures for the Central Oklahoma Early Action Compact (EAC) area. The
EAC is designed to achieve and maintain the 8-hour ozone standard more
expeditiously than the EPA's 8-hour implementation rulemaking. EPA is
proposing approval of the photochemical modeling in support of the
attainment demonstration of the 8-hour ozone standard within the
Central Oklahoma EAC and is proposing approval of the associated
control measures. We are proposing to approve this revision as a
strengthening of the SIP in accordance with the requirements of
sections 110 and 116 the Federal Clean Air Act (the Act), which will
result in emission reductions needed to help ensure attainment of the
8-hour NAAQS for ozone.
DATES: Comments must be received on or before June 13, 2005.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID No. R06-OAR-2005-OK-0001, by one of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Web site: http://docket.epa.gov/rmepub/ Regional Material in
EDocket (RME), EPA's electronic public docket and comment system, is
EPA's preferred method for receiving comments. Once in the system,
select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
comments.
U.S. 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. Thomas Diggs at [email protected]. Please also cc
the person listed in the FOR FURTHER INFORMATION CONTACT section below.
Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-L), at fax
number 214-665-7263.
Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-L),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
Hand or Courier Delivery: Mr. Thomas Diggs, 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 am and 4 pm
[[Page 25517]]
weekdays except for legal holidays. Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to Regional Material in EDocket
(RME) ID No. R06-OAR-2005-OK-0001. The EPA's policy is that all
comments received will be included in the public file without change,
change and may be made available online at http://docket.epa.gov/rmepub/, including any personal information provided, unless the
comment includes information claimed to be Confidential Business
Information (CBI) or other information the disclosure of which is
restricted by statute. Do not submit information through Regional
Material in EDocket (RME), regulations.gov, or e-mail if you believe
that it is CBI or otherwise protected from disclosure. The EPA RME Web
site and the federal regulations.gov are ``anonymous access'' systems,
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 RME or
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public file 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 of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in RME or in the official file which is
available at the Air Planning Section (6PD-L), 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 am and 4:30 pm
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 cents per page fee for making photocopies of documents. On
the day of the 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 at the
State Air Agency listed below during official business hours by
appointment:
Oklahoma Department of Environmental Quality, Air Quality Division,
707 North Robinson, Oklahoma City, OK 73101-1677.
FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Boyce, Air Planning
Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733, telephone (214) 665-7259, [email protected] or Carrie Paige,
Air Planning Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733, telephone (214) 665-6521, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Outline
I. What action are we proposing?
II. What is an EAC?
III. What is a SIP?
IV. What is the content of the Central Oklahoma EAC attainment
demonstration?
V. Why are we proposing to approve this EAC SIP submittal?
VI. What measures are included in this EAC SIP submittal?
VII. What happens if the area does not meet the EAC commitments or
milestones?
VIII. Proposed Action
IX. Statutory and Executive Order Reviews
I. What Action Are We Proposing?
Today we are proposing to approve a revision to the Oklahoma SIP
under sections 110 and 116 of the Act. The revision was submitted to
EPA by the State of Oklahoma on December 22, 2004. This revision
demonstrates attainment of the 8-hour ozone standard within the Central
Oklahoma EAC area, which is coextensive with the Oklahoma City
Metropolitan Statistical Area. The Central Oklahoma EAC is a voluntary
agreement between the ODEQ, the City of Oklahoma City, the Greater
Oklahoma City Chamber of Commerce, the Oklahoma Department of
Transportation, the ACOG and the EPA. The intent of this agreement is
to reduce ozone pollution earlier than the Act requires and thereby
maintain the 8-hour ozone standard. The Central Oklahoma EAC sets forth
a schedule to develop technical information about local ozone
pollution, and adopt and implement emission control measures to ensure
that this area achieves compliance with the 8-hour ozone standard by
December 31, 2007. Section VI of this rulemaking describes the control
measures that will be implemented within the Central Oklahoma EAC area.
II. What Is an EAC?
The Early Action Compact program was developed to allow communities
an opportunity to reduce emissions of ground level ozone pollution
sooner than the Act requires. The EAC program was designed for areas
that approach or monitor exceedances of the 8-hour ozone standard, but
are in attainment for the 1-hour ozone standard. The compact is a
voluntary agreement between local communities, States and tribal air
quality officials, and EPA which allows States and local entities to
make decisions that will accelerate meeting the new 8-hour ozone
standard using locally tailored pollution controls instead of Federally
mandated control measures. Early planning and early implementation of
control measures that improve air quality will likely accelerate
protection of public health. The EPA believes the EAC program provides
an incentive for early planning, early implementation, and early
reductions of air emissions in the affected areas, thus leading to an
expeditious attainment and maintenance of the 8-hour ozone standard.
Communities with EACs will have plans in place to reduce air
pollution at least two years earlier than required by the Act. In
December 2002, a number of States submitted compact agreements pledging
to reduce emissions earlier than required for compliance with the 8-
hour ozone standard. These States and local communities had to meet
specific criteria, and agreed to meet certain milestones for
development and implementation of the compact. States with communities
participating in the EAC program had to submit implementation plans by
December 31, 2004 for meeting the 8-hour ozone standard, rather than
June 15, 2007, the deadline for all other areas not meeting the 8-hour
standard. The EAC program required communities to develop and implement
air pollution control strategies, account for emissions growth, and
demonstrate their attainment and maintenance of the 8-hour ozone
standard. For more information on the EAC program see section V of our
December 16, 2003 (68 FR 70108),
[[Page 25518]]
publication entitled ``Deferral of Effective Date of Nonattainment
Designations for 8-hour Ozone National Ambient Air Quality Standards
for Early Action Compact Areas.''
On April 15, 2004, EPA designated all areas for the 8-hour ozone
standard. The EPA deferred the effective date of nonattainment
designations for those EAC areas that were violating the 8-hour
standard, but continue to meet the compact milestones. We announced the
details of this deferral on April 15, 2004 as part of the Clean Air
Rules of 2004. See our April 30, 2004 (69 FR 23858), publication
entitled ``Air Quality Designations and Classifications for the 8-Hour
Ozone National Ambient Air Quality Standards; Early Action Compact
Areas with Deferred Effective Dates.''
III. What Is a SIP?
The SIP is a set of air pollution regulations, control strategies
and technical analyses developed by the state, to ensure that the state
meets the NAAQS. These ambient standards are established under section
109 of the Act and they currently address six criteria pollutants:
carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and
sulfur dioxide. The SIP is required by Section 110 of the Act. These
SIPs can be extensive, containing state regulations or other
enforceable documents and supporting information such as emission
inventories, monitoring networks, and modeling demonstrations.
IV. What Is the Content of the Central Oklahoma EAC Attainment
Demonstration?
In support of this proposal, the ODEQ conducted an ozone
photochemical modeling study developed for the Central Oklahoma EAC
area. The photochemical modeling attainment demonstration includes: (1)
Analyses which estimate whether selected emissions reductions will
result in ambient concentrations that meet the 8-hour ozone standard in
the Central Oklahoma EAC area, and (2) an identified set of measures
which will result in the required emissions reductions. The modeled
attainment test is passed if all resulting predicted future design
values are less than 85 parts per billion (ppb). The design value is
the three year average of the annual fourth highest 8-hour ozone
readings. The attainment demonstration was supported by results of
photochemical modeling and technical documentation. It shows that the
8-hour ozone standard should continue to be attained by 2007 and
maintained through 2012. Additionally, the modeling analyses were
further supported by some of the weight of evidence analyses that were
evaluated for the Central Oklahoma and Tulsa areas.
We believe this study meets EPA's modeling requirements and
guidelines, including such items as the base year inventory
development, the growth rate projections, and the performance of the
model. See Appendix B of our Technical Support Document (TSD) for more
information about this modeling study, the weight of evidence analyses,
and EPA's evaluation of these items. The modeling submitted in support
of this proposal demonstrates that the Central Oklahoma EAC area will
be in attainment with the 8-hour ozone NAAQS in 2007. The modeling
results for the Central Oklahoma EAC area predict a maximum ozone
design value of 80.2 ppb for 2007, which is well below the 8-hour ozone
limit of 85 ppb. See section VI of this document for a list of measures
that will be implemented within the Central Oklahoma EAC area. We are
proposing to approve ODEQ's 8-hour ozone attainment demonstration plan
for the Central Oklahoma EAC area.
V. Why Are We Proposing To Approve This EAC SIP Submittal?
We are proposing to approve this EAC SIP submittal because
implementation of the requirements in This EAC will help ensure the
Central Oklahoma area's compliance with the 8-hour ozone standard by
December 31, 2007 and maintenance of that standard through 2012. We
have reviewed these submittals and determined that they are consistent
with the requirements of the Act, EPA's policy, and the EAC protocol.
Our TSD contains more detailed information concerning this rulemaking
action.
Approving the Central Oklahoma EAC area's clean air plans into the
SIP with the measures and controls identified within the MOA provide a
strengthening of the SIP for the Central Oklahoma EAC area.
Consequently, the Central Oklahoma communities will start reducing air
pollution at least two years earlier than required by the Act. EPA
believes that the State and local area have provided a plan which will
continue to fulfill the obligations necessary to maintain the April 15,
2004, attainment designation under the 8-hour ozone standard.
VI. What Measures Are Included in this EAC SIP Submittal?
The EPA designated the Central Oklahoma EAC area as attainment for
the 8-hour ozone standard (63 FR 23858), however the EAC area has
monitored violations of the federal 8-hour ozone standard. The ODEQ has
submitted this revision to the SIP as a preventive and progressive
measure to avoid violation of the 8-hour ozone standard within the
affected area.
The MOA submitted within this SIP revision sets forth the duties
and responsibilities for implementation of the Central Oklahoma EAC
area Emission Reduction Strategies. While the implementation of these
strategies is estimated to reduce emissions of volatile organic
compounds (VOCs) and nitrogen oxides (NOX), the Central
Oklahoma EAC area has demonstrated attainment without including the
effects of these measures in their photochemical modeling.
One element within the emission reduction strategies includes
intersection and signal improvements, continuous left turn lanes, and
freeway corridor management projects. The intersection and signal
improvements and continuous left turn lane projects are estimated to
reduce emissions of VOCs by 119.97 pounds per day (lb/day) and
emissions of NOX by 78.47 lb/day. The freeway corridor
management projects include the installation of closed circuit
televisions, webcams and dynamic message signs to direct traffic away
from congested areas; these measures are projected to reduce emissions
of VOCs by 35.58 lb/day. These Emission Reduction Strategies are
described in detail in the TSD and they will be incorporated by
reference in the Code of Federal Regulations in the final approval
action. Detailed information is necessary for emission reduction
measures in the SIP to ensure that they are specific and enforceable as
required by the Act and the EAC protocol. The description of these
emission reduction measures includes the identification of each
project, location, length of each project (if applicable), a brief
project description, implementation date and emissions reductions for
both VOCs and NOX.
Another element of the Emission Reduction Strategy includes 4
bicycle/pedestrian projects in the Central Oklahoma EAC area. These
projects create a total of 11 miles of new bike/pedestrian trails. Due
to minimal trail mileage created there is a low percentage of shift
from driving to walking or riding a bike and the actual amount of
emission reduction is too low to report. As such, the effect of these
projects is not reflected in the photochemical modeling attainment
demonstration. However, each project is part of a future regional
master trail plan that is comprised of several trails linked
[[Page 25519]]
together. The linking of several trails help to reduce vehicle miles
traveled by creating safer paths for alternate modes of transportation
to work, school and shopping. The master trail plans also serve to
create a larger, more accessible recreational area for more citizens.
The Emission Reduction Strategies described above will assist the
Central Oklahoma EAC area in achieving and maintaining the 8-hour ozone
NAAQS and we are proposing to approve these Emission Reduction
Strategies. In compliance with the next EAC milestone, all of these
measures will be implemented on or before December 31, 2005.
Per the EAC protocol, the Central Oklahoma Clean Air Action Plan
must also include a component to address maintenance for growth at
least 5 years beyond 2007, ensuring the area will remain in attainment
of the 8-hour ozone standard through 2012. The Central Oklahoma EAC
area has developed an emissions inventory for the year 2012, as well as
a continuing planning process to address this essential part of the
plan. The emissions inventory predicted an overall reduction in
emissions through 2012: The VOC emissions predicted are 34 percent less
in 2012 than those modeled for 2007, and emissions expected for
NOX are 19 percent less in 2012 than those modeled for 2007.
Using air quality models to anticipate the impact of growth, as well as
the state-assisted and locally-implemented measures to reduce
emissions, the State has projected the area will be in attainment of
the 8-hr ozone standard in 2007 and will remain in attainment through
2012.
To fulfill the planning process, the EAC signatories and
implementing agencies will review all EAC activities and report on
results in their semi-annual reports, beginning in June 2005. This
semi-annual review will track and document, at a minimum, control
strategy implementation and results, monitoring data and future plans.
After review, additional control measures may be considered and adopted
through revisions to this SIP if necessary.
VII. What Happens If the Area Does not Meet the EAC Commitments or
Milestones?
On April 15, 2004, EPA designated the Central Oklahoma EAC area as
attainment for the 8-hour ozone standard. We believe the local and
State signatories of the EAC area will continue to meet their
commitments to reduce ozone pollution. The measures outlined in the
submittal provide sufficient information to conclude that the Central
Oklahoma EAC area will complete each of the compact milestone
requirements, including attainment of the 8-hour ozone standard by
2007. However, one of the principles of the EAC protocol is to provide
safeguards to return areas to traditional SIP requirements should an
area fail to comply with the terms of the EAC. If, as outlined in our
guidance and in 40 CFR 81.300, an EAC milestone is missed and the area
is still in attainment of the 8-hour ozone standard, we would take
action to propose and promulgate a finding of failure to meet the
milestone, but the ozone attainment designation and approved SIP
elements would remain in effect. If the design value for the EAC area
exceeds the 8-hour ozone standard and the area has missed a compact
milestone, we would also consider factors in section 107(d)(3)(A) of
the Act in deciding whether to redesignate the area to nonattainment
for the 8-hour ozone NAAQS.
VIII. Proposed Action
The EPA is proposing to approve the attainment demonstration, the
Emission Reduction Strategies, and the EAC plan into the Oklahoma SIP
as a strengthening of the SIP. The modeling of ozone and ozone
precursor emissions from sources in the Central Oklahoma EAC area
demonstrate that the area will attain the 8-hour ozone NAAQS by
December 31, 2007.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason and because this action will not have a
significant, adverse effect on the supply, distribution, or use of
energy, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions under the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note), EPA's role is to
approve state choices, provided that they meet the criteria of the
Clean Air Act. In this context, in the absence of a prior existing
requirement for the State to use voluntary consensus standards (VCS),
EPA has no authority to disapprove a SIP submission for failure to use
VCS. It would thus be inconsistent with applicable law for EPA, when it
reviews a SIP submission, to use VCS in place of a SIP submission that
otherwise satisfies the provisions of the Clean Air Act. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 do not apply. This proposed rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
[[Page 25520]]
Dated: May 5, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05-9588 Filed 5-12-05; 8:45 am]
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