[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),

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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.


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    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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