[Federal Register: March 25, 2003 (Volume 68, Number 57)]
[Proposed Rules]
[Page 14379-14382]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr03-33]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SIP No. UT-001-0048, UT-001-0049; FRL-7472-4]
Approval and Promulgation of Air Quality Implementation Plans;
Utah; SIP Renumbering
AGENCY: Environmental Protection Agency (EPA).
[[Page 14380]]
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP)
revisions submitted by the Governor of Utah on June 27, 1994 and April
28, 2000. EPA is also proposing to approve Supplemental Administrative
Documentation submitted on December 31, 2002. The June 27, 1994
submittal revises the numbering and format of Utah's State
Implementation Plan (SIP). The April 28, 2000 submittal contains non-
substantive changes to correct minor errors in the June 27, 1994
submittal. The December 31, 2002 submittal also contains non-
substantive changes to the June 27, 1994 submittal. The intended effect
of this action is to make these provisions federally enforceable. In
addition, we will be acting on parts of these submittals at a later
date. This action is being taken under section 110 of the Clean Air
Act.
DATES: Written comments must be received on or before April 24, 2003.
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. Evaluation of State's June 27, 1994, April 28, 2000 and December 31,
2002 Submittals
In this document we are proposing to approve two SIP revisions
submitted by the Governor of Utah on June 27, 1994 and April 28, 2000.
Also, we are proposing to approve Supplemental Administrative
Documentation submitted by the State on December 31, 2002. The June 27,
1994 submittal revises the numbering and format of Utah's SIP. The
renumbering of the Utah SIP allows for a consistent numbering system.
The April 28, 2000 and December 31, 2002 submittals contain non-
substantive changes to correct minor errors in the June 27, 1994
submittal. In addition, on October 3, 2002, the State submitted a
letter from Richard W. Sprott, Director, Division of Air Quality,
correcting other non-substantive changes to the June 27, 1994
submittal. The October 3, 2002 letter was submitted to address
typographical errors and missing pages in the January 27, 1994
submittal.
In this notice, we are putting sections of the SIP into categories
based on the action we are taking on that section of the SIP. The first
category contains sections that have been renumbered and contain no
substantive changes to the text of the section. We are proposing to
approve these sections into the SIP. The second category includes
sections of the SIP that have been renumbered and that we are proposing
to take no action on because they have never been approved into the SIP
or they have been superceded by later submittals that have been
approved into the SIP. The third category consists of sections on which
we propose to take action on in a separate notice.
A. Category 1
Based on the June 27, 1994, April 28, 2000 and December 31, 2002
submittals, we are proposing to approve the following sections of the
Utah SIP because they have only been renumbered and contain no
substantive changes to the text of the rule. We are proposing that the
following renumbered SIP sections replace the prior numbered SIP
sections in the federally approved SIP along with any nonsubstantive
changes: Section I--Legal Authority; Section II--Review of New and
Modified Air Pollution Sources; Section III--Source Surveillance;
Section IV; Section V--Resources; Section VI--Intergovernmental
Relations; Section VII--Prevention of Air Pollution Emergency Episodes;
Section VIII--Prevention of Significant Deterioration; Section IX--
Control Measures for Area and Point Sources (except for Part A, Part D
and Part H); Section XI--Appendix 1; Section XI--Appendix 2; Section
XII--Involvement; Section XIII--Analysis of Plan Impact; Section XIV--
Emission Inventory Development; Section XV--Title 19, Chapter 2 Utah
Code Annotated, 1993; Section XVI--Public Notification; Section XVII--
Visibility Protection; Section XVIII--Demonstration of GEP Stack
Height; and Section XIX--Small Business Assistance Program.
The following table cross references the renumbered and prior
numbered SIP sections. The table identifies the renumbered SIP sections
we are proposing to approve as replacing the prior numbered SIP
sections.
State Implementation Plan
[Table of Corresponding Sections]
------------------------------------------------------------------------
Renumbered SIP Prior numbered SIP
Title Section Section
------------------------------------------------------------------------
Legal Authority................. Section I......... Section 1.
Review of New and Modified Air Section II........ Section 2.
Pollution Sources.
Source Surveillance............. Section III....... Section 3.
Ambient Air Monitoring Program.. Section IV........ Section 4.
Resources....................... Section V......... Section 5.
Intergovernmental Cooperation... Section VI........ Section 6.
Prevention of Air Pollution Section VII....... Section 7.
Emergency Episodes.
Prevention of Significant Section VIII...... Section 8.
Deterioration.
Control Measures for Area and Section IX........ Section 9.
Point Sources.
Sulfur Dioxide.............. Part B............ Part B.
Carbon Monoxide............. Part C............ Part C.
Nitrogen Dioxide............ Part E............ Part E.
Lead........................ Part F............ Part F.
Fluoride.................... Part G............ Part G.
Mountainlands Association of XI, App. 1........ Section 9, App. A.
Governments.
Wasatch Front Regional Council.. XI, App. 2........ Section 9, App. B.
Involvement..................... Section XII....... Section 10.
[[Page 14381]]
July 27, 1978 contract: Utah XII, App. 1....... Exhibit 10.1a.
Dept. of Social Services
and Mountainlands Assoc. of
Govt.
July 21, 1978 contract: Utah XII, App. 2....... Exhibit 10.1b.
Dept. of Social Services
and Wasatch Front Regional
Council.
Analysis of Plan Impact......... Section XIII...... Section 11.
Comprehensive Emission Inventory Section XIV....... Section 12.
Utah Code Title 19, Chapter 2... Section XV........ Section 13.
Public Notification............. Section XVI....... Section 14.
Visibility Protection........... Section XVII...... Section 15.
Demonstration of GEP Stack Section XVIII..... Section 16.
Height.
Small Business Assistance Section XIX....... Section 17.
Program.
------------------------------------------------------------------------
B. Category 2
Category 2 consists of sections that we are proposing to take no
action on because the sections have never been approved into the SIP or
the sections have been superceded by later submittals that EPA has
already approved into the SIP.
1. Section XX--Committal SIP
Section XX has never been approved into the SIP. Section XX
committed the State to adopt certain measures to control ozone, but the
committal SIP is irrelevant since the State subsequently submitted the
Utah Ozone Maintenance Plan and the EPA approved it at (July 17, 1997,
62 FR 38213). Additionally, on June 17, 1998, the State submitted a SIP
revision requesting the repeal of the Committal SIP. In a Federal
Register notice, the EPA states that it will not take any action on
repeal of the Committal SIP since it was never approved into the SIP
(May 20, 2002, 67 FR 35442).
2. Sections That Have Been Superceded
Since the State's June 27, 1994 submittal, the State has made
changes to portions of the SIP which EPA has approved. Since we have
already approved these provisions, the approved sections supercede the
June 27, 1994 submittal. The sections that we are proposing to take no
action on because they supercede the June 27, 1994 submittal and have
already been approved into the SIP are Section IX, Part D (approved on
July 17, 1997, 62 FR 38213); Section X (approved on July 17, 1997, 62
FR 38213 and September 12, 2002, 67 FR 57744); and Section XI (approved
on June 14, 2000, 65 FR 37286). However, we are approving Appendix 1
and Appendix 2 for Section XI, as stated above.
C. Category 3
Category 3 consists of those sections that we will act on at a
later date.
1. January 27, 1994 Submittal
EPA will be acting on Section IX, Parts A and H at a later time due
to the fact that there have been submittals that supercede these parts.
EPA will act on Section IX, Parts A and H when it acts on the
subsequent submittals related to these parts.\1\
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\1\ The January 27, 1994 submittal contain references to Section
IX Part A and Section IX Part H. We are not acting on Section IX
Part A or Section IX Part H at this time. We are interpreting that
when the State refers to Section IX Part A in its SIP, it is
referring to Section 9.A of the prior numbered SIP, and when the
State refers to Section IX Part H in its SIP, it is referring to
Section 9.A, Appendix A, A1 and A2 of the prior numbered SIP, except
for parts of Section IX, Part A and Part H that were approved into
the SIP subsequent to the January 27, 1994 submittal (see 67 FR
78181, December 23, 2002).
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2. April 28, 2000 Submittal
The April 28, 2000 submittal contains non-substantive changes to
Section IX, Parts A and H. Since we are not acting on Section IX, Parts
A and H in this notice, we will act on the April 28, 2000 non-
substantive changes to Section IX, Parts A and H at a later date. The
April 28, 2000 submittal also contains revisions to Utah's rules for
definitions and inventories which we will be acting on in a separate
action.
3. December 31, 2002 Submittal
The December 31, 2002 submittal contains non-substantive changes to
Section IX, Parts A and H. Since we are not acting on Section IX, Parts
A and H in this action, we will act on the December 31, 2002 non-
substantive changes to Section IX, Parts A and H at a later date. The
December 31, 2002 submittal also contains non-substantive changes to
Section IX, Parts C.1-C.6. The non-substantive changes to Section IX,
Parts C.1-C.6 are based on SIP changes that the EPA has not approved.
We are proposing to act on the non-substantive changes to Section IX,
Parts C.1-C.6 at a later time.
D. Category--Other
1. December 31, 2002 Submittal
We are proposing to approve the non-substantive changes contained
in the December 31, 2002 submittal to Section IX, Part C.7 and C.8,
Section IX, Part D, Section XXI and Section XXII. SIP Section IX, Part
C.7 and Part C.8, Section IX, Part D, Section XXI and Section XXII were
not part of the January 27, 1994 submittal but were new sections
adopted and approved subsequent to the January 27, 1994 submittal.
These changes differ from the sections in I.B.2 of this notice that we
are proposing to take no action on. Sections in I.B.2 were included as
part of the January 27, 1994 submittal, but were replaced by subsequent
approved SIP submittals.
II. Proposed Action
Based on the June 27, 1994, April 28, 2000 and December 31, 2002
submittals, we are proposing to approve the following sections of the
Utah SIP because they have only been renumbered and contain no
substantive changes to the text of the rule. We are proposing that the
following renumbered SIP sections replace the prior numbered SIP
sections in the federally approved SIP along with any non-substantive
changes: Section I, Section II, Section III, Section IV, Section V and
Section VI, effective 11/12/93; Section VII, effective 11/12/93, except
VII.D, effective January 1, 2003; Section VIII, effective January 1,
2003; Section IX, Part B, effective 11/12/93, except the title and
IX.B.3.d, effective 2/25/2000, and IX.B.3.a, IX.B.3.e, and IX.B.4,
effective January 1, 2003; Section IX, Part C, effective 11/12/93,
except the title, effective 2/25/2000; Section IX, Parts E, F and G,
effective 11/12/93, except the titles, effective 2/25/2000; Section XI,
Appendix 1 and Appendix 2, effective 11/12/93; Section XII and Section
XIII, effective 11/12/93; Section
[[Page 14382]]
XIV, effective 11/12/93, except Table XIV.9, effective 2/25/2000;
Section XV and Section XVI, effective 11/12/93; Section XVII, effective
11/12/93, except XVII.A, XVII.D and XVII.E, effective 2/25/2000;
Section XVIII, effective 11/12/93, except XVIII.B, effective 2/25/2000;
and Section XIX, effective 11/12/93.
We are also proposing to approve non-substantive changes to Section
IX, Part C.7 and C.8, Section IX, Part D, Section XXI and Section XXII,
effective January 1, 2003.
In addition, we are taking no action on certain portions of the
submittals because they have never been part of the SIP or they have
been superceded by other submittals approved by the EPA into the SIP.
The portions of the submittals that we are taking no action on are
Section XX, Section IX, Part D, Section X and Section XI.
Also, we will propose to take action on portions of the submittals
in separate notices. We propose to take action on Section IX, Part A
and Part H and non-substantive changes to Section IX, Parts C.1-C.6 in
separate notices.
EPA is soliciting public comments on the issues discussed in this
document or on other relevant matters. These comments will be
considered before taking final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to the EPA Regional office listed in the ADDRESSES section of
this document.
III. Statutory and Executive Order Review
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, 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 (Public Law 104-4).
This proposed 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 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 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, 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 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 13, 2003.
Kerrigan G. Clough,
Deputy Regional Administrator, Region 8.
[FR Doc. 03-7055 Filed 3-24-03; 8:45 am]
BILLING CODE 6560-50-P