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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
DOCUMENT ID: [R06-OAR-2005-OK-0002; FRL-7910-8]
NOTICE: PROPOSED RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY: Approval and Promulgation of Air Quality Implementation Plans; Oklahoma; Attainment Demonstration for the Tulsa Early Action Compact Area; Ozone
DATES: Comments must be received on or before June 13, 2005.
DOCUMENT 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 8hour 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 8hour ozone standard more expeditiously than the EPA's 8hour implementation rulemaking. EPA is proposing approval of the photochemical modeling in support of the attainment demonstration of the 8hour 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 8hour NAAQS for ozone.
SUMMARY: Oklahoma,
SUPPLEMENTAL 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 8hour 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 8hour 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 8hour 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 8hour ozone standard, but are in attainment for the 1hour 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 8hour 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 8hour 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 8hour ozone standard, rather than June 15, 2007, the deadline for all other areas not meeting the 8hour 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 8hour 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 8hour Ozone National Ambient Air Quality Standards for Early Action Compact Areas.''
On April 15, 2004, EPA designated all areas for the 8hour ozone standard. The EPA deferred the effective date of
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nonattainment designations for those EAC areas that were violating the
8hour 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 8Hour 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 8hour ozone NAAQS in 2007. The attainment demonstration includes analyses which estimate whether selected emissions reductions will result in ambient concentrations that meet the 8hour 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 19982000. It predicted that the Tulsa area would be in attainment for all of the monitors in Tulsa using Design Values for 20002002. 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 19982000 period predicted an exceedance of the 8hour ozone standard in 2007 at one monitor (Skiatook monitor). All other years of observed DVs predicted attainment of the 8hour 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 19972001), 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 8hr 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 8hour 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 8hour ozone DV of 78 ppb in 2007 using the 20012003 observed 8hour ozone DV.
5. A review of trends in observed 8hour 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 (NO
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 8hour 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 8hour 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 8hour 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 8hour ozone standard (63 FR 23858), but the area has
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intermittently monitored violations of the federal 8hour ozone
standard. The ODEQ has submitted this revision to the SIP as a
preventive and progressive measure to avoid violation of the 8hour 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 NO
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 8hour 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 NO
To fulfill the planning process, the EAC signatories and
implementing agencies will review all EAC activities and report on
results in their semiannual reports, beginning in June 2005. This
semiannual 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 8hour 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 8hour 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 8hour 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 8hour 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 8hour 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. 1044).
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
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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. 059483 Filed 51105; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Mr. Kenneth Boyce, Air Planning Section (6PDL), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202 2733, telephone (214) 6657259, boyce.kenneth@epa.gov or Carrie Paige, Air Planning Section (6PDL), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 752022733, telephone (214) 6656521, paige.carrie@epa.gov.
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