[Federal Register Volume 70, Number 160 (Friday, August 19, 2005)]
[Rules and Regulations]
[Pages 48645-48647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16488]


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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, [email protected].

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

0
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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