Approval and Promulgation of Air Quality Implementation Plans; Oklahoma; Attainment Demonstration for the Central Oklahoma Early Action Compact Area, 48078-48080 [05-16192]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 157 (Tuesday, August 16, 2005)]
[Rules and Regulations]
[Pages 48078-48080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16192]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-OK-0001; FRL-7953-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Oklahoma; Attainment Demonstration for the Central Oklahoma Early 
Action Compact Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving 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 and maintenance for the 8-hour National 
Ambient Air Quality Standard (NAAQS) for ozone. The MOA outlines duties 
and responsibilities of each party for implementation of pollution 
control measures for the Central Oklahoma Early Action Compact (EAC) 
area. EPA is approving the photochemical modeling in support of the 
attainment demonstration for the 8-hour ozone standard within the 
Central Oklahoma EAC area and is approving the associated control 
measures. These actions strengthen the SIP in accordance with the 
requirements of sections 110 and 116 of the Federal Clean Air Act (the 
Act) and will result in emission reductions needed to help ensure 
attainment and maintenance of the 8-hour NAAQS for ozone.

DATES: This final rule is effective on September 15, 2005.

ADDRESSES: EPA has established a docket for this action under Regional 
Material in EDocket (RME) ID No. R06-OAR-2005-OK-0001. All documents in 
the docket are listed in the RME index at http://docket.epa.gov/rmepub/
; once in the system, select ``quick search,'' then type in the 
appropriate RME docket identification number. Although listed in the 
index, some information is not publicly available, i.e., confidential 
business information or other information the disclosure of which 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 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 
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: Carrie Paige, Air Planning Section 
(6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
telephone (214) 665-6521, paige.carrie@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``our,'' and ``us'' is used, we mean EPA.

Outline

I. Background
II. What Action Is EPA Taking?
III. What Comments did EPA Receive on the May 13, 2005 Proposed 
Rulemaking for the Central Oklahoma EAC Area?
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    On May 13, 2005, EPA proposed approval of the Central Oklahoma EAC 
area's clean air action plan (Plan), the photochemical modeling in 
support of the attainment demonstration and related control measures as 
revisions to the SIP submitted to EPA by the State of Oklahoma. The 
proposal provides a detailed description of these revisions and the 
rationale for EPA's proposed actions, together with a discussion of the 
opportunity to comment. The public comment period for these actions 
closed on June 13, 2005. See the Technical Support Documents or our 
proposed rulemaking at 70 FR 25516 for more information. One adverse 
comment was received on EPA's proposed approval of the Central Oklahoma 
EAC Plan and 8-hour ozone attainment demonstration for the EAC area.

II. What Action Is EPA Taking?

    Today we are approving revisions to the Oklahoma SIP under sections 
110 and 116 of the Act. The revisions demonstrate continued attainment 
and maintenance of the 8-hour ozone standard within the Central 
Oklahoma EAC area. The revisions include the Central Oklahoma EAC Plan, 
photochemical modeling and related control measures. The intent of the 
SIP revisions is to reduce ozone pollution and thereby maintain the 8-
hour ozone standard.

III. What Comments Did EPA Receive on the May 13, 2005 Proposed 
Rulemaking for Central Oklahoma?

    We received one comment letter on the May 13, 2005 proposed 
rulemaking. The letter provided both supportive and adverse discourse, 
commending the State of Oklahoma for steps it has taken to improve air 
quality. The commenter opposes approval of the SIP revision because, 
should the area experience a violation of the 8-hour ozone standard, 
the SIP revision (1) provides for the deferment of the area's 
nonattainment designation to as late as December 31, 2007, and (2) 
relieves the area of its obligations under Title I, Subpart D of the 
Act. The commenter contends that EPA does not have the legal authority 
to defer the effective date of an area's nonattainment designation nor 
to relieve areas of the obligations of Part D of Title I of the Act 
when areas are violating the standard and designated nonattainment.
    Response: We appreciate the support expressed towards the State of 
Oklahoma and towards the efforts made to ensure that the citizens in 
the Central Oklahoma EAC area continue to breathe clean air. We 
continue to believe that the EAC program, as designed, gives Central 
Oklahoma the flexibility to develop their own approach to maintaining 
the 8-hour ozone standard and believe Central Oklahoma is serious in 
their commitment to control emissions from local sources. By involving 
diverse stakeholders, including representatives from industry, local 
and State governments, and local environmental and citizen groups, 
Central Oklahoma is implementing regional cooperation in solving air 
quality problems that affect the health

[[Page 48079]]

and welfare of its citizens. People living in the Central Oklahoma EAC 
area will realize reductions in pollution levels and enjoy the health 
benefits of cleaner air sooner than might otherwise occur.
    In the April 2004 designation rule (69 FR 23858), the Central 
Oklahoma EAC area was designated as attainment for the 8-hour ozone 
NAAQS. The commenter incorrectly asserts that this SIP revision 
provides for deferment of the designation of the area as nonattainment 
should the area experience a violation of the 8-hour ozone standard. 
Additionally, EPA's approval of this SIP does not alter the 
applicability of the redesignation provision of the Act should the 
Central Oklahoma EAC area experience a violation of the 8-hour ozone 
NAAQS in the future. Section 107(d)(3)(A) provides that EPA may 
redesignate an area ``on the basis of air quality data, planning and 
control considerations, or any other air quality-related 
considerations.'' Should the Central Oklahoma EAC area experience a 
violation of the 8-hour ozone NAAQS in the future, EPA would consider 
these statutory factors in determining whether to redesignate the area 
to nonattainment for the 8-hour ozone NAAQS. The commenter is also 
incorrect that this SIP approval relieves the Central Oklahoma EAC area 
of the requirements of Part D of Title I of the Act. These provisions 
apply to areas designated nonattainment. Because the Central Oklahoma 
EAC area is designated attainment for the 8-hour ozone NAAQS, these 
provisions do not apply in the Central Oklahoma EAC area.

IV. Final Action

    EPA is approving the attainment demonstration, the Central Oklahoma 
EAC Plan, and the related control measures. We are incorporating these 
revisions, as well as the MOA, into the Oklahoma SIP. We have 
determined that the control measures included in the attainment 
demonstration are quantified, surplus, permanent, and are Federally 
enforceable once approved into the SIP. The modeling of ozone and ozone 
precursor emissions from sources in the Central Oklahoma EAC area 
demonstrate that the specified control strategies will provide for 
continued attainment of the 8-hour ozone NAAQS through December 31, 
2007 and maintenance of that standard through 2012. We have reviewed 
the Plan and the attainment and maintenance demonstration and 
determined that they are consistent with the requirements of the Act, 
EPA's policy, and the EAC protocol.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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 action merely approves state 
law as meeting Federal requirements and imposes no additional 
requirements beyond those imposed by state law. Accordingly, the 
Administrator certifies that this 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 
approves 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 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 approves 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 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 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.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 17, 2005. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxides, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.


[[Page 48080]]


    Dated: August 8, 2005.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart LL--Oklahoma

0
2. The first table in Sec.  52.1920(e) entitled ``EPA approved 
nonregulatory provisions and quasi-regulatory measures'' is amended by 
adding a new entry, immediately following the last entry under Chapter 
4, to read as follows:


Sec.  52.1920  Identification of plan.

* * * * *
    (e) * * *

                                                     EPA Approved Oklahoma Nonregulatory Provisions
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                                      Applicable geographic   State submittal
       Name of SIP provision          or nonattainment area         date                   EPA approval date                       Explanation
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                                                                      * * * * * * *
Chapter 4, Control Strategy........  Statewide.............         10/16/1972  05/14/1973, 38 FR 12696                 Ref: 52.1960(c)(6).
 
                                                                      * * * * * * *
J. Central Oklahoma EAC area 8-hour  Canadian, Cleveland,           12/22/2004  8/16/05 [Insert FR page number where    ................................
 ozone standard attainment            Grady, Lincoln,                            document begins]
 demonstration, Emission Reduction    Logan, McClain, and
 Strategies, Clean Air Plan, and      Oklahoma Counties.
 Memorandum of Agreement between
 the ODEQ and ACOG defining duties
 and responsibilities of each party
 for implementation of the Central
 Oklahoma EAC area Emission
 Reduciton Strategies.
 
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[FR Doc. 05-16192 Filed 8-15-05; 8:45 am]
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