FR Doc 04-18936

[Federal Register: August 19, 2004 (Volume 69, Number 160)]
[Rules and Regulations]
[Page 51368-51370]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au04-6]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RME Docket Number R08-OAR-2004-UT-0002; FRL-7791-7]

Approval and Promulgation of Air Quality Implementation Plans;
Utah; Revisions to New Source Review Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action approving State
Implementation Plan (SIP) revisions submitted by the State of Utah on
November 9, 2001, and September 16, 2003. The revisions incorporate new
and revise existing definitions in the State's New Source Review (NSR)
rules. The revisions update the State's NSR rules so that they are
consistent with the revisions EPA made to its NSR rules on July 21,
1992. These revisions were referred to as the WEPCO rule (for the
Wisconsin Electric Power Company court ruling). In the July 1992
action, EPA adopted a broad NSR exclusion for utility pollution control
projects and an ``actual to future actual'' methodology for determining
whether all other non-routine physical or operational changes at
utilities (other than the replacement of a unit or addition of a new
unit) are subject to NSR, and modified its regulations to reflect
changes made by Congress in the 1990 Amendments to the Clean Air Act to
the applicability of new source requirements to clean coal technology
(CCT) and repowering projects, and to ``very clean'' units. The purpose
of this action is to make the changes to the State's rule federally
enforceable. This action is being taken under section 110 of the Clean
Air Act.

DATES: This rule is effective on October 18, 2004, without further
notice, unless EPA receives adverse comment by September 20, 2004. 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: Submit your comments, identified by Docket ID R08-OAR-2004-
UT-0002, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
Agency Web site: http://docket.epa.gov/rmepub/index.jsp.

Regional Materials in EDOCKET (RME), EPA's electronic public docket and
comment system for regional actions, is EPA's preferred method for
receiving comments. Follow the on-line instructions for submitting
comments.
E-mail: long.richard@epa.gov and daly.carl@epa.gov.

Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Richard R. Long, Director, Air and Radiation
Program, Environmental Protection Agency, Region 8, Mailcode 8P-AR, 999
18th Street, Suite 300, Denver, Colorado 80202-2466.
Hand Delivery: Richard R. Long, Director, Air and
Radiation Program, Environmental Protection Agency, Region 8, Mailcode
8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202-2466. Such
deliveries are only accepted Monday through Friday, 8 a.m. to 4:55
p.m., excluding Federal holidays. Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to Docket ID Nos. R08-OAR-2004-
UT-0002. EPA's policy is that all comments received will be included in
the public docket without change and may be made available at http://docket.epa.gov/rmepub/index.jsp
, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through EDOCKET,
regulations.gov, or e-mail. The EPA's Regional Materials in EDOCKET and
Federal regulations.gov Web site are ``anonymous access'' systems,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through EDOCKET or
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public docket and
made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. For
additional information about EPA's public docket visit EDOCKET online
or see the Federal Register of May 31, 2002 (67 FR 38102). For
additional instructions on submitting comments, go to Section I.
General Information of the SUPPLEMENTARY INFORMATION section of this
document.
Docket: All documents in the docket are listed in the Regional
Materials in EDOCKET index at http://docket.epa.gov/rmepub/index.jsp.

Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in Regional Materials in EDOCKET or in
hard copy at the Air and Radiation Program, Environmental Protection
Agency (EPA), Region 8, 999 18th Street, Suite 300, Denver, Colorado
80202-2466. EPA requests that if at all possible, you contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You may view the hard copy of the
docket Monday through Friday, 8 a.m. to 4 p.m., excluding Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Carl Daly, Air & Radiation Program,
Mailcode 8P-AR, EPA, Region 8, 999 18th Street, Suite 300, Denver,
Colorado 80202-2466, (303) 312-6416, daly.carl@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Background
III. Summary of SIP Revisions and EPA's Review
IV. Final Action
V. Statutory and Executive Order Reviews

Definitions

For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.

[[Page 51369]]

(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials SIP mean or refer to State Implementation Plan.
(iv) The words state or Utah mean the State of Utah, unless the
context indicates otherwise.

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

1. Submitting CBI. Do not submit this information to EPA through
Regional Materials in EDOCKET, regulations.gov or e-mail. Clearly mark
the part or all of the information that you claim to be CBI. For CBI
information in a disk or CD ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within
the disk or CD ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.

II. Background

On July 21, 1992, EPA promulgated revisions to Federal PSD and
nonattainment new source review (NSR) permitting requirements, as well
as to the Federal new source performance standard (NSPS) requirements
in 40 CFR part 60, regarding utility pollution control projects (57 FR
32314-32339). Specifically, EPA made changes to the definition of
``major modification'' in 40 CFR parts 51 and 52 to set forth the
conditions under which the addition, replacement, or use at existing
utility generating units of any system or device whose primary function
is the reduction of air pollutants (including the switching to less
polluting fuel where the primary purpose of the switch will be the
reduction of air pollutants) will or will not subject the source to
preconstruction review.
In addition, in the July 1992 notice, EPA amended its NSR
regulations as they apply to utilities to (1) clarify the NSR baseline
for determining whether a proposed physical or operational change will
subject a utility to the preconstruction review requirements of these
provisions; (2) set forth an actual-to-future actual methodology for
determining whether a physical or operational change is subject to NSR;
(3) provide further clarification of the existing regulatory
requirement that only those increases in emission that actually result
from the physical change or change in the method of operation can be
considered in determining whether the proposed change subjects the
utility to NSR requirements; and (4) implement sections 409 and 415 of
title IV of the 1990 Amendments of the Clean Air Act which create
special NSPS treatment for certain repowering projects and limited NSR
exemptions for temporary and permanent CCT projects and for certain
``very clean'' units. Refer to the July 21, 1992, Federal Register
document for further information.
States were not required to adopt revisions to implement these
changes, although these changes are in effect in areas where the
Federal PSD permitting regulations apply. Utah has opted to revise its
NSR program to incorporate the changes to EPA's NSR rules promulgated
on July 21, 1992.

III. Summary of SIP Revisions and EPA's Review

On November 9, 2001, and September 16, 2003, the State of Utah
submitted formal revisions to its State Implementation Plan (SIP).\1\
Specifically, in the general definition rule, the submittals revise the
definitions of ``Actual Emissions'' and ``Major Modification'' and adds
the following definitions: ``Clean Coal Technology,'' ``Clean Coal
Technology Demonstration Project,'' ``Electric Utility Steam Generating
Unit,'' ``Emissions Unit,'' ``Pollution Control Project,''
``Reactivation of Very Clean Coal-Fired Electric Utility Steam
Generating Unit,'' ``Repowering,'' ``Representative Actual Annual
Emissions,'' and ``Temporary Clean Coal Technology Demonstration
Project.'' In the prevention of significant deterioration (PSD) rule a
definition for ``major modification'' was added.
---------------------------------------------------------------------------

\1\ The September 16, 2003, submittal contains non-substantive
changes to correct minor errors in the November 9, 2001, submittal.
---------------------------------------------------------------------------

We have reviewed the new and revised definitions submitted by Utah.
We have found that the revisions are consistent with all of the
regulatory revisions promulgated by EPA on July 21, 1992.

IV. Final Action

EPA is approving Utah's SIP revisions submitted on November 9,
2001, and September 16, 2003. Specifically, in the general definitions
regulation, R307-101-2, we are approving the revisions to the
definitions of ``Actual Emissions'' and ``Major Modification'' and the
addition of the definitions: ``Clean Coal Technology,'' ``Clean Coal
Technology Demonstration Project,'' ``Electric Utility Steam Generating
Unit,'' ``Emissions Unit,'' ``Pollution Control Project,''
``Reactivation of Very Clean Coal-Fired Electric Utility Steam
Generating Unit,'' ``Repowering,'' ``Representative Actual Annual
Emissions,'' and ``Temporary Clean Coal Technology Demonstration
Project.'' In the PSD regulation, R307-405-1, we are approving the
addition of a definition for ``Major Modification.''
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. EPA does not anticipate any adverse comments as this
Utah SIP approval is only a change to bring Utah's current SIP into
alignment with the NSR revisions EPA promulgated on July 21, 1992 (57
FR 32314). 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 are filed. This rule will be effective October 18, 2004,
without further notice unless the Agency receives adverse comments by
September 20, 2004. 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

[[Page 51370]]

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.

V. Statutory and Executive Order Review

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 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 October 18, 2004. 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 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.

Dated: July 14, 2004.
Max H. Dodson,
Acting Regional Administrator, Region 8.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart TT--Utah

0
2. Section 52.2320 is amended by adding paragraph (c)(58) to read as
follows:

Sec. 52.2320 Identification of plan.

* * * * *
(c) * * *
(58) On November 9, 2001 and September 16, 2003 the State of Utah
submitted revisions to its State Implementation Plan (SIP) to
incorporate new and revise existing definitions in the new source
review (NSR) rules. The revisions update the State's NSR rules so that
they are consistent with the revisions EPA made to its NSR rules on
July 21, 1992.
(i) Incorporation by reference.
(A) Revisions to the Utah Air Conservation Regulations, R307-101-2,
the definitions ``Actual Emissions,'' ``Clean Coal Technology,''
``Clean Coal Technology Demonstration Project,'' ``Electric Utility
Steam Generating Unit,'' ``Emissions Unit,'' ``Pollution Control
Project,'' and ``Representative Actual Annual Emissions,'' effective 7/
12/01.
(B) Revisions to the Utah Air Conservation Regulations, R307-101-2,
the definitions ``Major Modification,'' ``Reactivation of Very Clean
Coal-Fired Electric Utility Steam Generating Unit,'' ``Repowering,''
and ``Temporary Clean Coal Technology Demonstration Project,''
effective 6/1/03.
(C) Revisions to the Utah Air Conservation Regulations, R307-405-1,
the definition ``Major Modification'' effective 6/1/03.
[FR Doc. 04-18936 Filed 8-18-04; 8:45 am]

BILLING CODE 6560-50-P