[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Proposed Rules]
[Pages 56923-56928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23291]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2007-0314; FRL-9202-6]
Approval and Promulgation of Implementation Plans; Oklahoma;
State Implementation Plan Revisions for Interstate Transport of
Pollution, Prevention of Significant Deterioration, Nonattainment New
Source Review, Source Registration and Emissions Reporting and Rules of
Practice and Procedure
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve part of a State Implementation
Plan (SIP) revision submitted by the State of Oklahoma for the purpose
of addressing the ``good neighbor'' provisions of Clean
[[Page 56924]]
Air Act (the Act or CAA) section 110(a)(2)(D)(i) for the 1997 8-hour
ozone National Ambient Air Quality Standards (NAAQS or standards) and
the 1997 fine particulate matter (PM2.5) NAAQS. This SIP
revision satisfies a portion of the State's obligation to submit a SIP
revision that demonstrates that adequate provisions are in place to
prohibit air emissions from adversely affecting another State's air
quality through interstate transport. In this action, EPA is proposing
to approve the Oklahoma Interstate Transport SIP provisions that
address the requirement of section 110(a)(2)(D)(i)(II) that emissions
from sources in Oklahoma do not interfere with measures required in the
SIP of any other State under part C of the CAA to prevent ``significant
deterioration of air quality.'' EPA is also proposing to approve
portions of the revision to the Oklahoma SIP submitted on February 14,
2002, which relate to Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NNSR) for major sources, source
registration and emissions reporting and other rules of practice and
procedure (except for revisions relating to minor sources). Finally,
for purposes of the 1997 8-hour ozone NAAQS, EPA also is proposing to
approve the portions of the SIP revision submitted on June 24, 2010 to
include nitrogen oxides (NOX) as an ozone precursor in
Oklahoma's PSD SIP. This action is being taken under section 110 and
parts C and D of the Act.
DATES: Written comments must be received on or before October 18, 2010.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-0314, by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD (Multimedia)'' and select
``Air'' before submitting comments.
E-mail: Mr. Guy Donaldson at [email protected]. Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not
on legal holidays. Special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to Docket No. EPA-R06-OAR-2007-
0314. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy 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 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day 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 during
official business hours, by appointment, at the Oklahoma Department of
Environmental Quality, 707 North Robinson, P.O. Box 1677, Oklahoma
City, Oklahoma 73101-1677.
FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202-2733, telephone (214) 665-6645; fax number
(214) 665-7263; e-mail address [email protected]. For further
information regarding PSD or NNSR, contact: Rick Barrett or Dinesh
Senghani, Air Permits Section (6PD-R), Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733,
telephone (214) 665-7227 or (214) 665-7221; fax number (214) 665-7263;
e-mail address [email protected] or [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Outline
I. What action is EPA proposing to take?
II. What is a SIP?
III. What is the background for this proposed Action?
IV. What is EPA's evaluation of the State's submissions?
V. Statutory and Executive Order Reviews
I. What action is EPA proposing to take?
A. Oklahoma Demonstration of Adequate Provisions Prohibiting Emissions
That Interfere With Prevention of Significant Deterioration Measures in
Other States
We are proposing to approve a submission from the State of Oklahoma
demonstrating that the State has adequately addressed one of the
required elements of the CAA section 110(a)(2)(D)(i), the element that
requires that the State Implementation Plan prohibit air pollutant
emissions from sources within a State from interfering
[[Page 56925]]
with measures required to prevent significant deterioration of air
quality in any other State. We are proposing to determine that
emissions from sources in Oklahoma do not interfere with measures to
prevent significant deterioration of air quality in any other State for
the 1997 8-hour ozone NAAQS or of the 1997 PM2.5 NAAQS (CAA
section 110(a)(2)(D)(i)(II)). In this action, we are not addressing the
elements of section 110(a)(2)(D)(i) for the 1997 8-hour ozone and
PM2.5 NAAQS, that pertain to prohibiting air pollutant
emissions from within Oklahoma from: (1) Significantly contributing to
nonattainment in any other State, (2) interfering with maintenance of
the relevant NAAQS in any other State and (3) interfering with measures
required to protect visibility in any other State. These will be
addressed in future rulemakings.\1\
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\1\ In a separate action we have proposed to limit the
interstate transport of NOX emissions from Oklahoma that
affect the ability of downwind States to attain and maintain
compliance with the 1997 ozone NAAQS pursuant to CAA
110(a)(2)(D)(i)(I) (75 FR 45210, August 2, 2010).
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In conjunction with our proposed finding that emissions from
sources in Oklahoma are not interfering with any other State's PSD
program, we are proposing to approve: (1) The portion of the SIP
revision submitted by the State on February 14, 2002 related to PSD for
major stationary sources and major modifications; and (2) the portion
of the SIP revision submitted June 24, 2010 addressing NOX
as an ozone precursor for PSD. We are proposing to approve these
portions of the two SIP revision submittals as revisions to the
Oklahoma PSD SIP.
EPA proposes to approve the foregoing revisions relevant to section
110(a)(2)(D)(i) pursuant to section 110 and part C of the Act.
B. Oklahoma SIP Revisions Submitted on February 14, 2002 and June 24,
2010
1. February 14, 2002 Submittal
In addition to proposing to approve the portion of the SIP revision
submitted on February 14, 2002 that relates to PSD as a revision to the
Oklahoma PSD SIP, we also are proposing to approve the portions that
relate to: (1) NNSR permitting requirements for major stationary
sources and major modifications as a revision to the Oklahoma NNSR SIP;
(2) source registration and emissions reporting as part of the Oklahoma
Major NSR SIP and (3) other rules of practice and procedure as part of
the Oklahoma Major NSR SIP. We are proposing to approve (2) and (3) as
meeting the PSD and NNSR SIP requirements. We are not acting upon the
SIP revision submittal for Minor NSR SIP purposes, only for Major NSR
SIP purposes. We will take separate action later in the Federal
Register on the submittal with regard to the Minor NSR SIP
requirements.
The submitted revision affects Title 252 of the Oklahoma
Administrative Code (OAC 252), the official compilation of agency rules
and executive orders for the State of Oklahoma. The majority of the
revisions are administrative in nature, stemming from the State's
initiative to repeal or otherwise modify redundant or incorrect
language within the OAC. The variety of revisions includes recodified
portions of the Oklahoma SIP, deletions of duplicative and outdated
rules, and edits that simplify text and correct errors.
The revisions submitted in 2002 proposed for approval are discussed
in more detail in the Technical Support Document (TSD) found in the
electronic docket for this action. The electronic docket can be found
at the Web site http://www.regulations.gov (docket number EPA-R06-OAR-
2007-0314).
2. June 24, 2010 Submittal
In addition, we are proposing to approve only the portion of the
SIP revision submitted by Oklahoma on June 24, 2010 to regulate
NOX emissions as a precursor to ozone in its PSD program for
major sources. We are only acting on the June 24, 2010 submittal as it
relates to NOX as an ozone precursor. We will take separate
action on the remainder of the June 24, 2010 submittal in a future
Federal Register notice.
II. What is a SIP?
Section 110(a) of the Clean Air Act (CAA) requires each State to
develop a plan that provides for the implementation, maintenance, and
enforcement of the national ambient air quality standards (NAAQS). EPA
establishes NAAQS under section 109 of the CAA. Currently, the NAAQS
address six criteria pollutants: Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
The plan developed by a State is referred to as the State
implementation plan (SIP).
The content of the SIP is specified in section 110 of the CAA,
other provisions of the CAA, and applicable regulations. SIPs can be
extensive, containing State regulations or other enforceable measures
and various types of supporting information, such as emissions
inventories, monitoring networks, and modeling demonstrations.
A primary purpose of the SIP is to provide the air pollution
regulations, control strategies, and other means or techniques
developed by the State to ensure that the ambient air within that State
meets the NAAQS. However, another important aspect of the SIP is to
ensure that emissions from within the State do not have certain
prohibited impacts upon the ambient air in other States through
interstate transport of pollutants. This SIP requirement is specified
in section 110(a)(2)(D) of the CAA. Pursuant to that provision, each
State's SIP must contain provisions adequate to prevent, among other
things, emissions that interfere with measures required to be included
in the SIP of any other State to prevent significant deterioration of
air quality in any other State.
States are required to update or revise SIPs under certain
circumstances. One such circumstance is EPA's promulgation of a new or
revised NAAQS. Each State must submit these revisions to EPA for
approval and incorporation into the Federally-enforceable SIP.
III. What is the background for this proposed action?
On July 18, 1997, EPA promulgated new NAAQS for 8-hour ozone and
for fine particulate matter (PM2.5). This action is being
taken in response to the promulgation of the 1997 8-hour ozone NAAQS
and 1997 PM2.5 NAAQS. This action does not address the
requirements for the 2006 PM2.5 NAAQS or the 2008 8-hour
ozone NAAQS; those standards will be addressed in later actions.
Section 110(a)(1) of the CAA requires States to submit SIPs to
address a new or revised NAAQS within 3 years after promulgation of
such standards, or within such shorter period as EPA may prescribe.
Section 110(a)(2) lists the elements that such new SIPs must address,
as applicable, including section 110(a)(2)(D)(i), which pertains to
interstate transport of certain emissions. On August 15, 2006, EPA
issued its ``Guidance for State Implementation Plan (SIP) Submission to
Meet Current Outstanding Obligations Under Section 110(a)(2)(D)(i) for
the 8-Hour Ozone and PM2.5 National Ambient Air Quality
Standards'' (2006 Guidance). EPA developed the 2006 Guidance to make
recommendations to States for making submissions to meet the
requirements of section 110(a)(2)(D)(i) for the 1997 8-hour ozone
standards and the 1997 PM2.5 standards.
[[Page 56926]]
As identified in the 2006 Guidance, the ``good neighbor''
provisions in section 110(a)(2)(D)(i) require each State to submit a
SIP that prohibits emissions that adversely affect another State in the
ways contemplated in the statute. Section 110(a)(2)(D)(i) contains four
distinct requirements related to the impacts of interstate transport.
The SIP must prevent sources in the State from emitting pollutants in
amounts which will: (1) Contribute significantly to nonattainment of
the NAAQS in other States; (2) interfere with maintenance of the NAAQS
in other States; (3) interfere with provisions to prevent significant
deterioration of air quality in other States; or (4) interfere with
efforts to protect visibility in other States.
On May 1, 2007, we received a SIP revision from the State of
Oklahoma intended to address the requirements of section
110(a)(2)(D)(i) for both the 1997 8-hour ozone standards and 1997
PM2.5 standards. In this rulemaking we are addressing only
the requirement that pertains to preventing sources in Oklahoma from
emitting pollutants that will interfere with measures required to
prevent significant deterioration of air quality in other States. In
its submission, the State of Oklahoma stated that its New Source Review
program for major sources satisfies this requirement. With this
submission, the State would meet the requirement as contemplated in the
2006 Guidance for SIP submissions to meet the third element of CAA
110(a)(2)(D)(i).
On February 14, 2002 and June 24, 2010, the State of Oklahoma also
submitted revisions to its SIP regulations to EPA. The 2002 revisions
require certain stationary sources of air pollution to report annual
emissions (an emissions inventory) to the State by March 1 of each
year, with the provision for an extension of up to 60 days. The
revisions also incorporate requirements of the Oklahoma Uniform
Environmental Permitting Act (UEPA), which requires that the Oklahoma
Department of Environmental Quality fit licenses, permits,
certificates, approvals and registrations into a category, or Tier,
established under the uniform environmental permitting rules. The UEPA
was created to streamline the permitting process and is located in
Oklahoma Statute Title 27A Environment and Natural Resources, Chapter 2
Oklahoma Environmental Quality Code, Sections 1 through 12. We
previously approved portions of the February 14, 2002 submittal, (73 FR
79400, December 29, 2008), but did not act on other portions.
The June 24, 2010 submittal included revisions to the Oklahoma PSD
regulations necessary to address NOX as a precursor for the
1997 8-hour ozone NAAQS (PSD Requirements for Attainment Areas, OAC
252:100-8). These revisions are discussed below. The June 24, 2010
submittal also included revisions to Subchapter 8 in OAC 252:100
(Permits for Part 70 Sources), which are severable from the
NOX requirements addressed in this proposed action. As we
are still reviewing the approvability of these other revisions, we are
not proposing to take action on them in this proposed rulemaking. We
intend to act on these other revisions in a future rulemaking.
IV. What is EPA's evaluation of the State's submissions?
A. Interference With PSD Measures in Other States
The third element of section 110(a)(2)(D)(i) requires a SIP to
contain adequate provisions prohibiting emissions that interfere with
any other State's required measures to prevent significant
deterioration of its air quality. EPA's 2006 Guidance made
recommendations for SIP submissions to meet this requirement with
respect to both the 1997 8-hour ozone NAAQS and the 1997
PM2.5 NAAQS.
EPA believes that Oklahoma's submission is consistent with the 2006
Guidance, when considered in conjunction with other PSD program
revisions that EPA is proposing to approve in this action. The State's
submittal states that Oklahoma's New Source Review (NSR) program for
major sources prohibits any source or other type of emission activity
within the State from emitting any air pollutant in amounts which will
interfere with measures required to be included in the applicable
implementation plan of any other State to prevent significant
deterioration of air quality. Oklahoma's regulations for its PSD
program were approved by EPA and made part of the SIP on August 25,
1983 (48 FR 38636).\2\ Oklahoma's requirement to demonstrate that an
emissions increase would not interfere with another State's PSD
measures (OAC 252:100-8-35(a)(1)) was previously approved by EPA as
Section 1.4.4(f) of Oklahoma Regulation 1.4 (see the table at 40 CFR
52.1920(c)). Oklahoma submitted OAC 252:100-35 as a SIP revision on
February 14, 2002. The revision recodified the regulation. The 2002
submittal is further discussed below and in the TSD for this action.
Oklahoma submitted further revisions to its PSD program regulations on
June 24, 2010 as discussed below.
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\2\ The New Source Review regulations in the Oklahoma SIP are
found in: (1) OAC 252:100-8, Part 7, (PSD Requirements for
Attainment Areas) and (2) OAC 252:100-8, Part 9, (Major Sources
Affecting Nonattainment Areas). There are currently no nonattainment
areas in Oklahoma.
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Consistent with EPA's November 29, 2005, Phase 2 rule for the 1997
8-hour ozone NAAQS (70 FR 71612), the State submitted a SIP revision on
June 24, 2010, to modify its PSD program to address NOX as
an ozone precursor (OAC 252:100-8). These revisions are further
discussed below. EPA believes that the PSD revision for the 1997 8-hour
ozone NAAQS that makes NOX an ozone precursor for PSD
purposes, taken together with the PSD SIP, the proposed revisions to
the PSD SIP and the interstate transport SIP, satisfies the
requirements of the third element of section 110(a)(2)(D)(i) for the
1997 8-hour ozone NAAQS, i.e., there will be no interference with any
other State's required PSD measures because the Oklahoma SIP as
proposed for approval meets current CAA requirements.
For the PM2.5 NAAQS, Oklahoma stated in its section
110(a)(2)(D)(i) submission that its NSR program includes an interim PSD
permitting program for PM2.5. On July 29, 2010 the Oklahoma
Department of Environmental Quality sent a letter to EPA and stated
that they would implement the PM2.5 NAAQS consistent with
Federal case law, and EPA Administrator petition decisions. ODEQ
further stated that: (1) They will not proceed on the general
presumption that PM10 is always a reasonable surrogate for
PM2.5, (2) for any permit application in which the applicant
is seeking to rely on the Surrogate Policy, they will include in the
permit record an adequate rationale or demonstration to support the use
of PM10 as a surrogate based on the facts and circumstances
of the specific permit, (3) the permit record will include an
explanation of how the impacts from the proposed source construction/
modification on the PM2.5 levels were determined, and (4)
they will be mindful of the limits provided in the policy itself, such
as the need to identify the technical difficulties that justify the
application of the policy in each specific case. The ODEQ letter is
included in the electronic docket for this action. With these
clarifications, EPA believes that Oklahoma's approach to
PM2.5 permitting is appropriate.
On the basis of the analysis presented above EPA is proposing to
determine that the Oklahoma SIP as revised with respect to PSD program
requirements, satisfactorily addresses the requirement of CAA section
110(a)(2)(D)(i)(II) that emissions from Oklahoma sources do not
interfere with PSD measures in
[[Page 56927]]
other any other State for the 1997 8-hour ozone NAAQS and 1997
PM2.5 NAAQS.
B. Oklahoma SIP Revisions Submitted on February 14, 2002
As discussed above, the SIP revision submitted by Oklahoma on
February 14, 2002 includes revisions that are administrative in nature
and incorporate requirements of the Oklahoma Uniform Environmental
Permitting Act.
Portions of the February 14, 2002, submittal already have been
approved by EPA on December 29, 2008 (73 FR 79400). In that action, we
identified the portions of the submittal for which we took no action:
Chapter 4 (Rules of Practice and Procedure): Subchapters 1 (General
Procedures), Subchapter 7 (Environmental Permit Process), and Appendix
C (Permitting Process Summary); Chapter 100 (Air Pollution Control):
Subchapter 5 (Registration, Emission Inventory and Annual Operating
Fees), Subchapter 7 (Permits for Minor Sources), Subchapter 8 (Permits
for Part 70 Sources), and Subchapter 9 (Excess Emissions Reporting
Requirements). We noted we would take action on these sections in
separate rulemakings. On July 16, 2010 the State submitted a letter to
EPA withdrawing their 2002 submittal for Subchapter 9 (Excess Emissions
Reporting Requirements).
We are proposing to approve the provisions of this 2002 SIP
revision submittal as part of the Oklahoma major NSR SIP. We have
reviewed the revisions being proposed for approval and believe they are
consistent with the applicable requirements of the CAA for major NSR.
Our evaluation of these revisions is discussed in more detail in the
TSD found in the electronic docket for this action. The electronic
docket can be found at the Web site http://www.regulations.gov (docket
number EPA-R06-OAR-2007-0314).
The revisions also require certain stationary sources of air
pollution to report annual emissions (an emissions inventory) to the
State by March 1 of each year, with the provision for an extension of
up to 60 days (OAC 252:100-5-2.1). The revisions requiring reporting of
emissions from stationary sources is consistent with our Air Emissions
Reporting Requirements (40 CFR 51, Subpart A), which calls for States
to report emissions from stationary sources.
The provisions submitted by the State that we are proposing to
approve as part of the Oklahoma Major NSR SIP are the following:
Chapter 4 (Rules of Practice and Procedure): Subchapter 1
(General Provisions).
Chapter 4, Subchapter 7 (Environmental Permit Process),
Part 1 (The Process) and Part 3 (Air Quality Division Tiers and Time
Lines).
Chapter 4, Appendix C (Permitting Process Summary).
Chapter 100: Subchapter 5 (Registration, Emission
Inventory and Annual Operating Fees).\3\
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\3\ The revisions also require certain stationary sources of air
pollution to report annual emissions (an emissions inventory) to the
State by March 1 of each year, with the provision for an extension
of up to 60 days (OAC 252:100-5-2.1). The revisions requiring
reporting of emissions from stationary sources is consistent with
our Air Emissions Reporting Requirements (40 CFR 51, Subpart A),
which calls for States to report emissions from stationary sources.
We are approving this as it applies to major stationary sources and
major modifications.
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Chapter 100: Subchapter 8 (Permits for Part 70 Sources),
Part 1 (General Provisions).
Chapter 100: Subchapter 8, Part 5 (Permits for Part 70
Sources).
Chapter 100: Subchapter 8, Part 7 (Prevention of
Significant Deterioration (PSD) Requirements for Attainment Areas).
Chapter 100: Subchapter 8, Part 9 (Major Sources Affecting
Nonattainment Areas).
Thus EPA is proposing approval of these provisions as meeting the
requirements of section 110 and parts C and D of the Act for a major
NSR SIP.
At this time we are not taking action on any portion of the
February 14, 2002 revision that pertains to minor new source review.
The minor new source review submitted provisions are severable from the
major NSR requirements and are severable from the transport SIP
requirements addressed in this action. We intend to act on these
provisions in a future rulemaking.
C. Oklahoma PSD SIP Revisions Submitted on June 24, 2010
The Oklahoma Department of Environmental Quality made a SIP
revision submitted on June 24, 2010 to meet the requirements of the 8-
hour NAAQS by including revisions to regulate NOX emissions
in its PSD permit program as a precursor to ozone. The revisions add:
NOX as an ozone precursor in the definition of
Regulated NSR pollutant (OAC 252:100-8-31),
That a major source that is major for NOX shall
be considered major for ozone in the definition of Major stationary
source (OAC 252:100-8-31),
A NOX emissions rate of 40 tons per year or
more in the definition of Significant (OAC 252:100-8-31), and
That any net emissions increase of 100 tons per year or
more of NOX subject to PSD would require an ambient impact
analysis, including the gathering of air quality data (OAC 252:100-8-
33).
For the 1997 8-hour ozone NAAQS, the revision to the definition of
Regulated NSR pollutant meets the Federal definition in 40 CFR
51.166(b)(49) for NOX as an ozone precursor. The revision
that a major source that is major for NOX shall be
considered major for ozone meets the Federal definition in 40 CFR
51.166(b)(1). The revision to include a NOX emissions rate
of 40 tons per year or more in the definition of ``Significant'' meets
the Federal requirement for significant emission rate for
NOX emissions in 40 CFR 51.166(b)(23)(i). The revision that
any net emissions increase of 100 tons per year or more of
NOX subject to PSD would require an ambient impact analysis,
including the gathering of air quality data meets the Federal
requirement for ambient air impact analysis for ozone precursors under
the footnote for 40 CFR 166(i)(5)(i)(e). Thus, EPA is proposing
approval of these revisions as meeting the requirements of CAA section
110 and 40 CFR 51.166 for establishing NOX emissions as a
precursor for ozone.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely proposes to approve State law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by State law. For that reason, this
action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
[[Page 56928]]
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule does not have Tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 9, 2010.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2010-23291 Filed 9-16-10; 8:45 am]
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