[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Proposed Rules]
[Pages 25004-25008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9483]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-OK-0002; FRL-7910-8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

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 Tulsa. This 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 for the 8-hour National Ambient Air Quality 
Standard (NAAQS) for ozone. The MOA outlines pollution control measures 
for the Tulsa Metropolitan Area 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 Tulsa 
EAC area 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 of 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-0002, 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 a.m. and 4 p.m. 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-0002. The EPA's policy is that all 
comments

[[Page 25005]]

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 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: 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 Tulsa Area 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 Tulsa 
Metropolitan Area (Tulsa Area), which includes Tulsa County and 
portions of Creek, Osage, Rogers, and Wagoner Counties. The Tulsa Area 
EAC is a voluntary agreement between the ODEQ, the City of Tulsa, the 
County of Tulsa, the Metro Tulsa Chamber of Commerce, the INCOG and 
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 Tulsa Area EAC sets forth a schedule to develop technical 
information about local ozone pollution, and adopt and implement 
emissions 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 Tulsa Metropolitan 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 proposed rule (68 FR 70108), 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

[[Page 25006]]

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 Tulsa Area EAC Attainment Demonstration?

    In support of this proposal, the ODEQ conducted an ozone 
photochemical modeling study developed for the Tulsa Metropolitan area. 
The modeling study predicts whether or not the EAC area will attain the 
8-hour ozone NAAQS in 2007. The attainment demonstration includes 
analyses which estimate whether selected emissions reductions will 
result in ambient concentrations that meet the 8-hour ozone standard in 
the Tulsa EAC area, and 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 modeling predicted 
that the Tulsa area would be in attainment for all but one monitor in 
Tulsa using Design Values from 1998-2000. It predicted that the Tulsa 
area would be in attainment for all of the monitors in Tulsa using 
Design Values for 2000-2002. Therefore, the Tulsa Area considered the 
following additional elements, termed a Weight of Evidence (WOE) 
analysis, to show that the area will more likely than not, reach 
attainment by the end of 2007:
    1. A comparison of Design Values (DVs) from 1996 to 2003 using 
Relative Reduction Factors (RRFs) from the modeling demonstrated that 
five of the six observed DVs from this period would reach attainment by 
the end of 2007. Only the DV for the 1998-2000 period predicted an 
exceedance of the 8-hour ozone standard in 2007 at one monitor 
(Skiatook monitor). All other years of observed DVs predicted 
attainment of the 8-hour ozone standard in 2007.
    2. A comparison of the average of the three DVs that contain the 
1999 period with the modeling RRFs (using DVs for the years 1997-2001), 
predicted all the Tulsa area monitors will reach attainment including a 
future design value of 84 ppb in 2007 at the Skiatook monitor. This 
test is the new proposed attainment test in EPA's Draft Final 8-hr 
ozone modeling guidance dated February 2005.
    3. An examination of trends (changes in ozone and ozone exposure 
areas) in additional modeled ozone air quality outputs for 1999 and 
2007 indicated that sizable reductions in ozone and area of ozone 
exposure are predicted although these tests fell slightly short of the 
level of reduction recommended in EPA's guidance.
    4. An examination of additional independent modeling that 
demonstrates attainment in Oklahoma, including Tulsa, was completed by 
EPA as part of an analysis in support of the Interstate Air Quality 
Rule (signed March 10, 2005). This independent modeling assumed growth 
but did not include the control measures which will be implemented 
within the Tulsa EAC area by December 31, 2005. The EPA modeling 
predicted a maximum 8-hour ozone DV for Tulsa of 76 ppb for 2010 and 74 
ppb for 2015. These values are consistent with the Tulsa EAC area's 
predicted 8-hour ozone DV of 78 ppb in 2007 using the 2001-2003 
observed 8-hour ozone DV.
    5. A review of trends in observed 8-hour ozone DVs from monitoring 
sites in Tulsa revealed a general downward trend in ozone. An 
evaluation of emission trends of ozone precursors also indicate a 
general downward trend. By 2007, volatile organic compounds (VOC) 
emissions are projected to be 14 percent lower than in 1999 and 13 
percent lower than in 2002. By 2007, nitrogen oxides (NOX) 
emissions are projected to be 23 percent lower than in 1999 and 10 
percent lower than in 2002. It should also be noted that Tulsa is 
currently in attainment based on the two most recent ozone DVs. These 
trends and monitoring data combined further support the prediction that 
ozone levels will continue to drop in the Tulsa area and thereby Tulsa 
will still be attaining the 8-hour ozone standard in 2007.
    See Appendix B of our technical support document (TSD) for more 
information regarding this modeling study and Weight of Evidence 
analyses and EPA's evaluation of these items.
    The analysis of elements within the WOE provide strong evidence 
that the Tulsa Metropolitan Area should continue to attain the 8-hour 
ozone standard through December 31, 2007 and maintain that standard 
through 2012. The analysis also follows the discussion on WOE in EPA's 
draft guidance for modeling, May 1999. Therefore, EPA is proposing to 
approve the 8-hour ozone attainment demonstration and air quality 
improvement plan for the Tulsa EAC area.
    The strategy that Tulsa has chosen to help achieve emissions 
reductions is identified as the Tulsa Area Transportation Emission 
Reduction Strategy and is discussed in section VI of this rulemaking.

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 the MOA will help ensure the 
Tulsa area's compliance with the 8-hour ozone standard by December 31, 
2007 and maintenance of that standard through 2012. Additionally, our 
review of modeling and other items provided as Weight of Evidence 
indicate the area should continue to be in attainment by December 31, 
2007. 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 our 
evaluation and this rulemaking action.
    Approving the Tulsa Metropolitan area's clean air plan into the SIP 
with the measures and controls identified in the MOA provide a 
strengthening of the SIP for the Tulsa Metropolitan EAC Area. In 
addition, the Tulsa EAC communities will start to benefit from 
reductions in air pollution earlier than the statutory deadlines. 
Finally, it means that EPA has determined that the State and local area 
have continued to fulfill the milestones and obligations of the EAC 
Program.

VI. What Measures Are Included in This EAC SIP Submittal?

    The EPA designated the Tulsa EAC area as attainment for the 8-hour 
ozone standard (63 FR 23858), but the area has

[[Page 25007]]

intermittently 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 Tulsa Area 
Transportation Emission Reduction Strategies. The attainment 
demonstration relied upon Intelligent Transportation System (ITS) and 
Transportation Congestion Mitigation measures, which comprise the 
Transportation Emission Reduction Strategies. The specific measures are 
roadway expansion and improvement projects and intersection improvement 
projects (signal and other improvements). These control measures are 
projected to reduce emissions of NOX by 2.62 tons per day 
(tpd) and reduce emissions of VOCs by 0.02 tpd. 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. We are proposing 
to approve the ITS and Transportation Congestion Mitigation measures. 
In compliance with the next EAC milestone, these measures will be 
implemented on or before December 31, 2005.
    Per the EAC protocol, the clean air 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 Tulsa 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 reductions 
for NOX are predicted to be 9% lower in 2012 than in 2007 
and the reductions for VOCs are predicted to be 4% lower in 2012 than 
in 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. For more information on future growth 
projections, see the TSD.
    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, if necessary, additional control measures may be 
considered and adopted through revisions to this SIP.

VII. What Happens if the Area Does Not Meet the EAC Commitments or 
Milestones?

    On April 15, 2004, EPA designated the Tulsa Metropolitan area as 
attainment for the 8-hour ozone standard. We believe the local and 
State signatories of the Tulsa Area EAC will continue to meet their 
commitments to reduce ozone pollution. The measures outlined in the 
submittal provide sufficient information to conclude that the Tulsa EAC 
area will complete each of the EAC 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 compact. 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 EAC area to nonattainment for the 8-hour ozone 
NAAQS.

VIII. Proposed Action

    The EPA is proposing to approve the Tulsa EAC area's attainment 
demonstration, associated local control measures of ITS and 
Transportation Congestion Mitigation measures, 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 Tulsa EAC area, in 
conjunction with the consideration of the WOE, demonstrate that the 
control strategies will continue to provide for attainment of the 8-
hour ozone NAAQS by December 31, 2007.

IX. 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).
    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 proposed 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, the State, and tribal air quality officials which have 
occurred during the previous three years. EPA consulted with tribal 
officials early in the process of developing Early Action Compacts 
which provided for meaningful and timely input on behalf of the tribes 
into its development. Local communities, the State, and tribal 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

[[Page 25008]]

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 actions, 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 oxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: May 4, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05-9483 Filed 5-11-05; 8:45 am]
BILLING CODE 6560-50-P