[Federal Register: August 19, 2005 (Volume 70, Number 160)]
[Rules and Regulations]
[Page 48645-48647]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au05-5]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R06-OAR-2005-OK-0002; FRL-7956-2]
Approval and Promulgation of Air Quality Implementation Plans;
Oklahoma; Attainment Demonstration for the Tulsa 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. The revision will incorporate a Memorandum of
Agreement (MOA) between the Oklahoma Department of Environmental
Quality (ODEQ) and the Indian Nation Council of Governments (INCOG)
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 Tulsa
Metropolitan Area 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 Tulsa 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 19, 2005.
ADDRESSES: EPA has established a docket for this action under Regional
Materials in EDocket (RME) ID No. R06-OAR-2005-OK-0002. 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 12, 2005 Proposed
Rulemaking for the Tulsa EAC Area?
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
On May 12, 2005, EPA proposed approval of the Tulsa 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 25004 for more information. One adverse
comment was received on EPA's proposed approval of the Tulsa 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 Tulsa EAC area.
The revisions include the Tulsa 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 12, 2005 Proposed
Rulemaking for Tulsa?
We received one comment letter on the May 12, 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 Tulsa EAC area continue to breathe clean air. We continue to
believe that the EAC program, as designed, gives Tulsa the flexibility
to develop their own approach to maintaining the 8-hour ozone standard
and believe Tulsa 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, Tulsa is implementing regional
cooperation in solving air quality problems that affect the health and
welfare of its citizens. People living in the Tulsa EAC area will
realize reductions in pollution levels and enjoy the health benefits of
cleaner air sooner than might otherwise occur.
[[Page 48646]]
In the April 2004 designation rule (69 FR 23858), the Tulsa 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. Nor does
EPA's approval of this SIP alter the applicability of the redesignation
provision of the Act should the Tulsa 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 Tulsa 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 Tulsa EAC area of the
requirements of Part D of Title I of the Act. These provisions apply to
areas designated nonattainment. Because the Tulsa EAC area is
designated attainment for the 8-hour ozone NAAQS, these provisions do
not apply in the Tulsa EAC area.
IV. Final Action
EPA is approving the attainment demonstration, the Tulsa EAC Plan,
and the related control measures, and 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 Tulsa 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).
Executive Order 13175 (65 FR 67249, November 9, 2000) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' This rule may have tribal
implications. However, it will neither impose substantial direct
compliance costs on tribal governments, nor preempt tribal law. This
rule incorporates an MOA between the ODEQ and INCOG into the Oklahoma
SIP. The MOA was the result of numerous discussions between local
communities and State air quality officials. Tribal officials were
invited to participate in the process of developing the Early Action
Compact, but chose not to send a representative to any of the meetings.
Local communities and State air quality officials voluntarily agreed to
implement this rule revision so that the Tulsa EAC area could continue
to attain and maintain the 8-hour ozone standard.
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 18, 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxides, Ozone,
[[Page 48647]]
Reporting and recordkeeping requirements, Volatile Organic Compounds.
Dated: August 12, 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
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2. The first table in Sec. 52.1920(e) entitled ``EPA approved
nonregulatory provisions and quasi-regulatory measures'' is amended
under Chapter 4, immediately following the last entry under Chapter 4,
to read as follows:
Sec. 52.1920 Identification of plan.
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(e) * * *
EPA Approved Oklahoma Nonregulatory Provisions
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Applicable
Name of SIP provision geographic or State EPA approval date Explanation
nonattainment area submittal date
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* * * * * * *
K. Tulsa EAC Area 8-hour ozone Tulsa County and 12/22/2004 8/19/05 [Insert FR ...................
standard attainment portions of Creek, page number where
demonstration, Clean Air Plan, Osage, Rogers and document begins].
Transportation Emission Wagoner Counties.
Reduction Strategies, and
Memorandum of Agreement between
the ODEQ and INCOG defining
duties and responsibilities of
each party for implementation of
the Tulsa Area Transportation
Emission Reduction Strategies.
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[FR Doc. 05-16488 Filed 8-18-05; 8:45 am]
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