Je veux savoir à propos de…

38632

Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Proposed Rules
transport portion of the January 28, 2015
i-SIP submission for the 2010 SO2
NAAQS.
EPA has regulated ozone since 1971, when we published the first NAAQS for Photochemical Oxidants 36 FR 8186
April 30, 1971. Most recently, following a periodic review of the 2008
NAAQS for ozone, the EPA promulgated a revision to the ozone NAAQS in 2015
lowering the level of both the primary and secondary standards to 0.070 parts per million.7 On October 25, 2018, the Oklahoma Secretary of Energy and Environment submitted a SIP revision to address i-SIP elements for this revised NAAQS. On March 30, 2020, we approved most infrastructure elements of the 2015 ozone i-SIP submission but deferred taking final action on the 110a2DiII prong 4 portion.8
In this notice, we refer to each of these NAAQS by the year promulgated, e.g., the 2008 ozone standard. For more information on these standards, please visit https www.epa.gov/
criteria-air-pollutants.

lotter on DSK11XQN23PROD with PROPOSALS1

B. Regional Haze and Visibility Transport in Oklahoma On February 17, 2010, Oklahoma submitted a regional haze SIP the 2010
Regional Haze SIP to the EPA that included best available retrofit technology BART requirements for SO2, NOX, and PM for Oklahoma sources. On December 28, 2011, we took final action to partially approve and partially disapprove the 2010 Regional Haze SIP.9 In this final action, we disapproved Oklahomas SO2 BART
determinations for the Oklahoma Gas and Electric OG&E Sooner Units 1 and 2, the OG&E Muskogee Units 4 and 5, and the American Electric Power/Public Service Company of Oklahoma AEP/
PSO Northeastern Units 3 and 4
because they do not comply with our regional haze regulations under 40 CFR
51.308e. We approved Oklahomas remaining SO2 BART determinations as well as all nitrogen oxide NOX and PM
BART determinations. Additionally, we approved all remaining portions of the 2010 Regional Haze SIP, with the exception of 1 the long-term strategy to the extent it relied on the BART
emission limits that we disapproved and 2 Oklahomas 2018 RPGs on the 20% least impaired and 20% most 7 82 FR 65291 Oct. 26, 2015. Additional information on the history of the NAAQS for ozone is available at https www.epa.gov/ozonepollution/table-historical-ozone-national-ambientair-quality-standards-naaqs.
8 See 85 FR 17502 March 30, 2020.
9 76 FR 81728 December 28, 2011.

VerDate Sep<11>2014

16:30 Jul 21, 2021

Jkt 253001

impaired days for the Wichita Mountains Class I area.10
In the December 28, 2011 final rule, we also evaluated whether Oklahomas SIP ensures that emissions from sources within Oklahoma do not interfere with the visibility programs of other states with respect to the 1997 8-hour Ozone NAAQS and the 1997 PM2.5 NAAQS. In developing their respective regional haze SIPs and reasonable progress goals RPGs, the Central Regional Air Planning Association CENRAP states consulted with each other through CENRAPs work groups. As a result of this process, the understanding was that each CENRAP state would take action to achieve the emissions reductions relied upon by other states in their reasonable progress demonstrations. CENRAP
states consulted in the development of RPGs, using the products of the technical consultation process to codevelop their RPGs. In developing their visibility projections using photochemical grid modeling, CENRAP
states assumed a certain level of emissions from sources within Oklahoma. The CENRAP modeling assumed SO2 reductions from the OG&E
Sooner Units 1 and 2, the OG&E
Muskogee Units 4 and 5, and the AEP/
PSO Northeastern Units 3 and 4, which Oklahoma did not secure when making its BART determinations for these sources and were thus not required by the 2010 Oklahoma Regional Haze SIP.
Since this modeling was used by other states and Oklahoma in establishing their RPGs, we made the finding that the Oklahoma SIP does not ensure that emissions from sources within Oklahoma do not interfere with measures required in the SIP of any other state under Part C of the CAA to protect visibility.11 In the December 28, 2011 final rule, we finalized a FIP
Oklahoma SO2 BART FIP that controls SO2 emissions from the six units to 10 In a final rule published in the Federal Register on January 5, 2016, we disapproved Oklahomas 2018 RPGs on the 20% least impaired and 20%
most impaired days for the Wichita Mountains Class I area because Oklahoma did not adequately demonstrate that its RPGs provide for reasonable progress towards meeting the national visibility goal. Specifically, Oklahoma did not satisfy several of the requirements at section 51.308d1 with regard to setting RPGs, including the requirement to adequately consult with other states that may reasonably be anticipated to cause or contribute to visibility impairment at the Wichita Mountains and the requirement to adequately justify RPGs that are less stringent than the uniform rate of progress URP. However, that final rulemaking was challenged, and in December 2016, following the submittal of a request by the EPA for a voluntary remand of the parts of the rule under challenge, the Fifth Circuit Court of Appeals remanded the rule in its entirety without vacatur. Texas v. EPA, 829 F.3d 405 5th Cir. 2016.
11 76 FR 81728.

PO 00000

Frm 00043

Fmt 4702

Sfmt 4702

address the deficiencies identified in our disapproval of these SO2 BART
determinations and the disapproval of the SIP submission addressing its prong 4 visibility transport obligations for the 1997 8-hour Ozone NAAQS and the 1997 PM2.5 NAAQS.12
On June 20, 2013, Oklahoma submitted a regional haze SIP revision to replace the FIPs SO2 BART
requirements for the AEP/PSO
Northeastern Units 3 and 4 and a related revision to the SIP addressing interstate visibility transport requirements the 2013 Oklahoma Regional Haze SIP
Revision. On March 7, 2014, we approved this SIP revision and concurrently withdrew the FIPs applicability to these two units.13 In addition to approving the SO2 BART
determinations for the AEP/PSO
Northeastern Units 3 and 4 in that final rule, we also approved revised NOX
BART requirements for these two units,14 and approved the portion of the 2013 Oklahoma Regional Haze SIP
Revision concerning Oklahomas interstate visibility transport obligations of CAA section 110a2DiII with respect to the 1997 8-hour ozone and 1997 PM2.5 NAAQS as applied to this source and its associated impacts on other states programs to protect visibility in Class I Areas.15 The FIP
provisions applicable to the OG&E
Muskogee and Sooner plants remain in place.
II. Oklahoma Infrastructure SIP
Submittals On January 28, 2015, Oklahoma submitted a SIP revision to address the infrastructure requirements for the 2010
1-hour SO2 NAAQS, including the interstate visibility transport requirements. In its evaluation, Oklahoma stated that the 2010 Regional Haze SIP describes Oklahomas measures to protect visibility and ensure that emissions do not interfere with any other states measures to protect visibility. Oklahoma stated that these measures include provisions in the Oklahoma Administrative Code 252:1008, Part 11. Oklahoma noted that EPA partially approved and 12 Id.
13 79

FR 12944, 12954 March 7, 2014.
approved the NOX BART determinations for the AEP/PSO Northeastern Units 3 and 4 and all other subject-to-BART sources in Oklahoma in the December 28, 2011 final rule, but Oklahoma revised the EPA-approved NOX BART
determinations for Northeastern Units 3 and 4 in the 2013 Oklahoma Regional Haze SIP Revision to require earlier installation and compliance with reduced NOX emission limits prior to the original SIP-imposed deadline. This is discussed in more detail in section III.C of this notice.
15 79 FR at 12945.
14 EPA

E:FRFM22JYP1.SGM

22JYP1