At the same time that Oklahoma is contending that Texas bad air, specifically emissions from coal-fired plants in Texas, is affecting Oklahoma ozone levels through interstate transport, Oklahoma has obtained approval of its air rules showing that Oklahoma emission sources do not have a significant effect on clean air in other neighboring states, such as Kansas and Arkansas. Ultimately, the EPA’s approval of Oklahoma’s revisions provides further demonstration that Oklahoma does not cause or contribute to air problems stemming from interstate transport.
On November 26, 2010, the EPA published a final rule approving and promulgating part of a State Implementation Plan (SIP) revision submitted by the State of Oklahoma. Proposed under the “good neighbor provision” of the Clean Air Act (CAA), the approved revisions “demonstrate that adequate provisions are in place to prohibit Oklahoma air emissions from interfering with Prevention of Significant Deterioration (PSD) measures required in the SIP for any other state for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) and the 1997 fine particulate matter NAAQS.”
By way of background, the EPA promulgated new NAAQS for 8-hour ozone and fine particulate matter (PM 2.5) on July 18, 1997. Under Section 110(a)(1) of the CAA, States are required to submit SIPs to address new or revised NAAQS within three years of their promulgation. On August 15, 2006, the EPA issued its “Guidance for State Implementation Plan (SIP) Submission to Meet Current Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-Hour Ozone and PM 2.5 National Ambient Air Quality Standards” to help states comply with the requirements of Section 110(a)(2)(D)(i). See link to the Proposed Rule provided below.
Under the good neighbor provision of the CAA, an SIP must meet four requirements with regard to interstate transport. The SIP must prevent sources in the State from emitting pollutants in amounts which will: (1) contribute significantly to nonattainment of the NAAQS in other States; (2) interfere with maintenance of the NAAQS in other States; (3) interfere with provisions to prevent significant deterioration of air quality in other States; or (4) interfere with efforts to protect visibility in other States. See link to the Proposed Rule provided below.
In its final action, the EPA determined that sources from Oklahoma do not interfere with measures to prevent significant deterioration of air quality in any other state for the 1997 8-hour ozone NAAQS or of the 1997 PM 2.5 NAAQS, as required under CAA section 110(a)(2)(D)(i)(II). In other words, Oklahoma’s revisions demonstrate that emissions from sources in Oklahoma do not cause or contribute to interstate transport problems. Accordingly, the EPA specifically approved Oklahoma’s Interstate Transport of Pollution SIP.
The EPA also approved portions of a revision submitted on February 14, 2002 pertaining to: (1) PSD for major stationary sources and major modifications; (2) Nonattainment New Source Review (NNSR) permitting requirements for major stationary sources and major modifications as a revision to the Oklahoma NNSR SIP; (3) source registration and emissions reporting as part of the Oklahoma Major New Source Review (NSR) SIP; and (4) other rules of practice and procedure as part of the Oklahoma Major NSR SIP. It is important to note, however, that there are currently no nonattainment areas in Oklahoma.
Additionally, the EPA approved portions of the revisions submitted on June 24, 2010, addressing nitrogen oxides (NOX) “as an ozone precursor in Oklahoma’s PSD SIP for purposes of the 1997 8-hour ozone NAAQS.”
Notably, the EPA declined to address the revisions that relate to prohibiting air pollution emissions in Oklahoma from: (1) significantly contributing to nonattainment in any other state, (2) interfering with maintenance of the relevant NAAQS in any other state, and (3) interfering with measures required to protect visibility in any other state. The EPA also declined to take action with regard to: (1) “SIP revisions submitted on February 14, 2002, for Minor NSR SIP purposes;” and (2) “other SIP revisions submitted on June 24, 2010, that do not address NOX as an ozone precursor.”
The final rule is effective on December 27, 2010.
For the full text of the rule, please see http://federalregister.gov/a/2010-29398.
For the full text of the Proposed Rule, please see http://federalregister.gov/a/2010-23291.
For information regarding Oklahoma’s contention with regard to Texas Bad Air, please see http://www.chron.com/disp/story.mpl/headline/biz/7298391.html#loopbegin
Posted on
Wed, December 8, 2010
by RWCS
filed under