Approval and Promulgation of Implementation Plans; Texas and Oklahoma; Regional Haze State Implementation Plans; Interstate Visibility Transport State Implementation Plan to Address Pollution Affecting Visibility and Regional Haze; Federal Implementation Plan for Regional Haze

The Environmental Protection Agency (EPA) is partially approving and partially disapproving a revision to the Texas State Implementation Plan (SIP) submitted on March 31, 2009, to address the regional haze requirements of the Clean Air Act (CAA). The EPA is partially approving this SIP revision as meeting certain requirements of the regional haze program, including the Best Available Retrofit Technology (BART) requirements for facilities other than Electric Generating Units (EGUs). The EPA is partially disapproving the Texas SIP revision for not adequately addressing other requirements of the regional haze program related to reasonable progress, the long-term strategy, and the calculation of natural visibility conditions. The EPA is promulgating a Federal Implementation Plan (FIP), which includes sulfur dioxide (SO<INF>2</INF>) emission limits for fifteen EGUs located at eight coal-fired power plants, to address these deficiencies. In a previous rulemaking, the EPA had issued a limited disapproval of the Texas regional haze SIP with regard to Texas' reliance on the Clean Air Interstate Rule (CAIR), without promulgating a FIP. The EPA is not taking final action to address this deficiency at this time. The EPA is also disapproving portions of several separate infrastructure SIP revisions submitted by Texas for the purpose of addressing the requirements of the CAA regarding interference with other states' programs for visibility protection (interstate visibility transport) triggered by the issuance of the 1997 fine particulate matter (PM<INF>2.5</INF>) National Ambient Air Quality Standards (NAAQS), the 1997 ozone NAAQS, the 2006 PM<INF>2.5</INF> NAAQS, the 2008 ozone NAAQS, the 2010 Nitrogen Dioxide (NO<INF>2</INF>) NAAQS, and the 2010 SO<INF>2</INF> NAAQS. The EPA is deferring action at this time on promulgating a FIP to address these deficiencies. Finally, the EPA is finalizing its proposed partial disapproval of a revision to the Oklahoma SIP submitted on February