[Federal Register Volume 67, Number 182 (Thursday, September 19, 2002)]
[Rules and Regulations]
[Pages 58998-59001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23378]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 60

[SIP NO. UT-001-0043a, UT-001-44a; FRL-7376-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Utah; New Source Performance Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule and announcement of Utah NSPS Delegation.

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SUMMARY: On January 8, 1999 and December 10, 1999, the Governor of Utah 
submitted revisions to the New Source Performance Standards (NSPS) 
rules in Utah's Air Conservation Regulations. We are announcing that on 
June 10, 2002 we delegated the authority for the implementation and 
enforcement of the NSPS to the State.
    Given that the State has been delegated the authority for 
implementation and enforcement of the NSPS, we are removing the NSPS 
rules from the Utah SIP. In addition, we are approving updates to the 
NSPS ``Delegation Status of New Source Performance Standards'' table. 
These actions are being taken under sections 110 and 111 of the Clean 
Air Act.

DATES: This rule is effective on November 18, 2002, without further 
notice, unless EPA receives adverse comment by October 21, 2002. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Written comments may be mailed to Richard R. Long, Director, 
Air and Radiation Program, Mailcode 8P-AR, Environmental Protection 
Agency (EPA), Region 8, 999 18th Street, Suite 300, Denver, Colorado 
80202. Copies of the documents relevant to this action are available 
for public inspection during normal business hours at the Air and 
Radiation Program, Environmental Protection Agency, Region 8, 999 18th 
Street, Suite 300, Denver, Colorado 80202. Copies of the State 
documents relevant to this action are available for public inspection 
at the Utah Department of Environmental Quality, Division of Air 
Quality, 150 North 1950 West, Salt Lake City, Utah 84114.

FOR FURTHER INFORMATION CONTACT: Laurel Dygowski, EPA, Region 8, (303) 
312-6144.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'' or 
``our'' is used means EPA.

I. Summary of SIP Revisions

A. January 8, 1999 and December 10, 1999 Submittals

    The January 8, 1999 and December 10, 1999 submittals revise UACR R-
307-18 (since renumbered as R307-210) by updating the incorporation by 
reference for new source performance standards (NSPS) to reflect 
updated versions of the federal regulations. UACR R307-18 is the rule 
the State uses to implement our NSPS.
    On June 10, 2002, we issued a letter delegating responsibility for 
all sources located, or to be located, in the State of Utah subject to 
the NSPS in 40 CFR part 60. The categories of new stationary sources 
covered by this delegation are as follows: NSPS in effect as of July 1, 
1998; NSPS subparts Da and Db, promulgated September 16, 1998; NSPS 
subparts A, D, Da, Db, Dc, Ea, J, CC, NN, XX, AAA and SSS, promulgated 
February 12, 1999; NSPS subpart WWW, promulgated February 24, 1999; and 
NSPS subparts AA and AAa, promulgated March 2, 1999.
    Since the State now has been delegated authority for NSPS in 40 CFR 
part 60, pursuant to 110(k)(6) of the Act, we are removing UACR R307-18 
from the SIP. Also, we are updating the table in 40 CFR 60.4(c) to 
indicate that the 40 CFR part 60 NSPS are now delegated to the State 
and adding entries for newly delegated NSPS subparts.
    The June 10, 2002 letter of delegation to the State follows:

Ref: 8P-AR
Honorable Mike Leavitt,
Governor of Utah, State Capitol, Salt Lake City, Utah 84113.

    Dear Governor Leavitt: On January 8, 1999 and December 10, 1999 
the State submitted revisions to the New Source Performance 
Standards (NSPS) rules in Utah's Air Conservation Regulations (UACR) 
R307-18-1 (Re-numbered to 307-210-1). Specifically, the State 
revised its NSPS to incorporate the Federal NSPS in effect as of 
July 1, 1998. In addition, the State revised its NSPS to incorporate 
revisions to the following Subparts of 40 CFR part 60: Da and Db, 
promulgated September 16, 1998 (63 FR 49442); A, D, Da, Db, Dc, Ea, 
J, CC, NN, XX, AAA and SSS, promulgated February 12, 1999 (64 FR 
7458) \1\ WWW, promulgated February 24, 1999 (64 FR 9258) \2\ and AA 
and AAa, promulgated March 2, 1999 (64 FR 10105).
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    \1\ It appears that Utah has cited the incorrect legal citation. 
The State cites the title page of the Federal Register notice. The 
Utah citation 64 FR 7457 should be 64 FR 7458. If we are 
interpreting this incorrectly, we ask that the State notify us 
immediately.
    \2\ It appears that Utah has cited the incorrect legal citation. 
The State cites the title page of the Federal Register notice. The 
Utah citation 64 FR 9257 should be 64 FR 9258. If we are 
interpreting this incorrectly, we ask that the State notify us 
immediately.
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    Subsequent to States adopting NSPS regulations, EPA delegates 
the authority for the implementation and enforcement of those NSPS, 
so long as the State's regulations are equivalent to the Federal 
regulations. EPA reviewed the pertinent statutes and regulations of 
the State of Utah and determined that they provide an adequate and 
effective procedure for the implementation and enforcement of the 
NSPS by the State of Utah. Therefore, pursuant to section 111(c) of 
the Clean Air Act (Act), as amended, and 40 CFR part 60, EPA hereby 
delegates its authority for the implementation and enforcement of 
the NSPS to the State of Utah as follows:
    (A) Responsibility for all sources located, or to be located, in 
the State of Utah subject to the standards of performance for new 
stationary sources promulgated in 40 CFR part 60. The categories of 
new stationary sources covered by this delegation are all NSPS 
subparts in 40 CFR part 60, as in effect on July 1, 1998 and 
revisions to Subparts Da and Db, promulgated September 16, 1998 (63 
FR 49442); A, D, Da, Db, Dc, Ea, J, CC, NN, XX, AAA and SSS, 
promulgated February 12, 1999 (64 FR 7458); WWW, promulgated 
February 24, 1999 (64 FR 9258); and AA and AAa, promulgated March 2, 
1999 (64 FR 10105). Note this delegation does not include the 
emission guidelines in subparts Cb, Cc, Cd, and Ce. These subparts 
require state plans which are approved under a separate process 
pursuant to section 111(d) of the Act.
    (B) Not all authorities of NSPS can be delegated to States under 
section 111(c) of the Act, as amended. The EPA Administrator retains 
authority to implement those sections of the NSPS that require: (1) 
Approving equivalency determinations and alternative test methods, 
(2) decision making to ensure national consistency, and (3) EPA 
rulemaking to implement. Therefore, of the NSPS of 40 CFR part 60 
being delegated in this letter, the enclosure lists examples of 
sections in 40 CFR part 60 that cannot be delegated to the State of 
Utah.
    (C) As 40 CFR part 60 is updated, Utah should revise its 
regulations accordingly and

[[Page 58999]]

in a timely manner and submit to EPA requests for updates to its 
delegation of authority.
    This delegation is based upon and is a continuation of the same 
conditions as those stated in EPA's original delegation letter of 
May 13, 1976 to the Honorable Calvin L. Rampton, then Governor of 
Utah, except that condition 3, relating to Federal facilities, was 
voided by the Clean Air Act Amendments of 1977. Please also note 
that EPA retains concurrent enforcement authority as stated in 
condition 2. In addition, if at any time there is a conflict between 
a State and Federal NSPS regulation, the Federal regulation must be 
applied if it is more stringent than that of the State, as stated in 
condition 10. EPA published its May 13, 1976 delegation letter in 
the notices section of the June 15, 1976 Federal Register (41 FR 
24215), along with an associated rulemaking notifying the public 
that certain reports and applications required from operators of new 
or modified sources shall be submitted to the State of Utah (41 FR 
24124). Copies of the Federal Register notices are enclosed for your 
convenience.
    EPA is approving Utah's request for NSPS delegation for all 
areas within the State except for the following: lands within the 
exterior boundaries of the Skull Valley, Paiute, Navajo, Goshute, 
White Mesa, and Northwestern Shoshoni Indian Reservations; Indian 
country lands within the Uintah and Ouray Indian Reservation; and 
any other areas which are ``Indian Country'' within the meaning of 
18 U.S.C. 1151.
    Since this delegation is effective immediately, there is no need 
for the State to notify the EPA of its acceptance. Unless we receive 
written notice of objections from you within ten days of the date on 
which you receive this letter, the State of Utah will be deemed to 
accept all the terms of this delegation. EPA will publish an 
information notice in the Federal Register in the near future to 
inform the public of this delegation, in which this letter will 
appear in its entirety.
    If you have any questions on this matter, please contact me or 
have your staff contact Richard Long, Director of our Air and 
Radiation Program, at (303) 312-6005.

Sincerely yours,
Robert E. Roberts,
Regional Administrator.

Enclosures.
cc: Rick Sprott, Director, Division of Air Quality, Dianne Nielson, 
Executive Director, Department of Environmental Quality.

Enclosure to Letter Delegating NSPS in 40 CFR Part 60, Effective 
Through May 3, 1999, to the State of Utah

   Examples of Authorities in 40 CFR Part 60 Which Cannot Be Delegated
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         40 CFR subparts                        Section(s)
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A...............................  60.8(b)(2) and (b)(3), and those
                                   sections throughout the standards
                                   that reference 60.8(b)(2) and (b)(3);
                                   60.11(b) and 60.11(e)(6), (7), and
                                   (8).
Da..............................  60.45a.
Db..............................  60.44b(f), 60.44b(g) and 60.49b(a)(4).
Dc..............................  60.48c(a)(4).
Ec..............................  60.56c(i), 60.8
J...............................  60.105(a)(13)(iii) and 60.106(i)(12).
Ka..............................  60.114a.
Kb..............................  60.111b(f)(4), 60.114b,
                                   60.116b(e)(3)(iii),
                                   60.116b(e)(3)(iv), and
                                   60.116b(f)(2)(iii).
O...............................  60.153(e).
S...............................  60.194(d).
DD..............................  60.302(d)(3).
GG..............................  60.332(a)(3) and 60.335(f)(1).
VV..............................  60.482-1(c)(2) and 60.484.
WW..............................  60.493(b)(2)(i)(A) and 60.496(a)(1).
XX..............................  60.502(e)(6)
AAA.............................  60.531, 60.533, 60.534, 60.535,
                                   60.536(i)(2), 60.537, 60.538(e) and
                                   60.539.
BBB.............................  60.543(c)(2)(ii)(B).
DDD.............................  60.562-2(c).
GGG.............................  60.592(c).
III.............................  60.613(e).
JJJ.............................  60.623.
KKK.............................  60.634.
NNN.............................  60.663(e).
QQQ.............................  60.694.
RRR.............................  60.703(e).
SSS.............................  60.711(a)(16), 60.713(b)(1)(i) and
                                   (ii), 60.713(b)(5)(i), 60.713(d),
                                   60.715(a) and 60.716.
TTT.............................  60.723(b)(1), 60.723(b)(2)(i)(C),
                                   60.723(b)(2)(iv), 60.724(e) and
                                   60.725(b).
VVV.............................  60.743(a)(3)(v)(A) and (B), 60.743(e),
                                   60.745(a) and 60.746.
WW W............................  60.754(a)(5).
------------------------------------------------------------------------

II. Final Action

    We are announcing the delegation of authority to the State for NSPS 
implementation and enforcement. We are removing UCAR R307-18 from the 
SIP and are updating the table in 40 CFR 60.4(c) to indicate that the 
40 CFR part 60 NSPS is now delegated to the State and adding entries 
for newly delegated NSPS subparts.
    Section 110(l) of the Clean Air Act states that a SIP revision 
cannot be approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
towards attainment of the NAAQS or any other applicable requirements of 
the Act. The Utah SIP revisions that are the subject of this document 
do not interfere with the maintenance of the NAAQS or any other 
applicable requirement of the Act because the State continues to have 
the authority for the implementation and enforcement of the NSPS in 
Utah.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the ``Proposed Rules'' section of today's 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision if adverse 
comments be filed. This rule will be effective November 18, 2002, 
without further notice unless the Agency receives adverse comments by 
October 21, 2002. If the EPA receives adverse comments, EPA will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. EPA will address all public 
comments in a subsequent final rule based on the proposed rule. The EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

III. Administrative Requirements

    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, 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 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship

[[Page 59000]]

between the Federal Government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). 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, 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 (15 U.S.C. 272 note) 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. 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. 
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 November 18, 2002. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

40 CFR Part 60

    Air pollution control, Aluminum, Ammonium sulfate plants, 
Beverages, Carbon monoxide, Cement industry, Coal, Copper, Dry 
cleaners, Electric power plants, Fertilizers, Fluoride, Gasoline, Glass 
and glass products, Graphic arts industry, Household appliances, 
Insulation, Intergovernmental relations, Iron, Lead, Lime, Metallic and 
nonmetallic mineral processing plants, Metals, Motor vehicles, Natural 
gas, Nitric acid plants, Nitrogen dioxide, Paper and paper products 
industry, Particulate matter, Paving and roofing materials, Petroleum, 
Phosphate, Plastics materials and synthetics, Reporting and 
recordkeeping requirements, Sewage disposal, Steel, Sulfur oxides, 
Tires, Urethane, Vinyl, Waste treatment and disposal, Zinc.

    Dated: August 27, 2002.
Jack W. McGraw,
Acting Regional Administrator, Region 8.

    40 CFR part 52, of chapter I, title 40 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart TT--Utah

    2. Section 52.2352 is added to read as follows:


Sec.  52.2352  Change to approved plan.

    Utah Air Conservation Regulation R307-18-1, New Source Performance 
Standards, is removed from the approved plan. On June 10, 2002, we 
issued a letter delegating responsibility for all sources located, or 
to be located, in the State of Utah subject to the NSPS in 40 CFR part 
60. See the table in 40 CFR 60.4 for the status of NSPS delegated to 
the state of Utah.

PART 60--[AMENDED]

    1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7411, 7414, 7416, and 7601 as amended 
by the Clean Air Act Amendments of 1990, Pub. L. 101-549, 104 Stat. 
2399 (November 15, 1990; 402, 409, 415 of the Clean Air Act as 
amended, 104 Stat. 2399, unless otherwise noted).

Subpart A--General Provisions

    2. In Sec.  60.4, amend the table entitled ``Delegation Status of 
New Source Performance Standards [(NSPS) for Region VIII]'' in 
paragraph (c) by revising the column heading for ``UT'' and the entries 
for subpart ``Eb'' and ``Ec'' to read as follows:


Sec.  60.4  Addresses.

* * * * *
    (c) * * *

                 Delegation Status of New Source Performance Standards [(NSPS) for Region VIII]
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                       Subpart                           CO        MT        ND       SD\1\      UT        WY
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                                                  * * ........* ........  ........  ........  ........  ........
 
                                                  * * * * * * *
Eb-Large Municipal Waste Combustors.................  ........  ........  ........      (*)       (*)       (*)
Ec-Hospital/Medical/Infectious Waste Incinerators...      (*)   ........      (*)       (*)       (*)   ........
 

[[Page 59001]]

 
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(\*\) Indicates approval of State regulation.
\1\ Indicates approval of State Regulation as part of the State Implementation Plan (SIP).

* * * * *
[FR Doc. 02-23378 Filed 9-18-02; 8:45 am]
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