[Federal Register Volume 60, Number 87 (Friday, May 5, 1995)]
[Rules and Regulations]
[Pages 22277-22283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10821]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[UT11-1-6726a, UT12-1-6727a, and UT13-1-6746a; FRL-5184-5]
Approval and Promulgation of Air Quality Implementation Plans;
Utah; New Source Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: In this document, EPA is approving revisions to the State
Implementation Plan (SIP) submitted by the Governor of Utah on November
12, 1993 and on May 20, 1994. The November 12, 1993 submittal included
revisions to the State's new source review (NSR) permitting regulations
to meet the new NSR requirements of the amended Clean Air Act (Act) for
all of its nonattainment areas. The May 20, 1994 submittal included a
revision to the State's definition of volatile organic compounds. The
Governor submitted the nonattainment NSR rules with numerous other
ozone SIP revisions and an ozone redesignation request for the Salt
Lake and Davis County nonattainment areas. EPA will be acting on the
other portions of the Governor's November 12, 1993 submittal in
separate notices. EPA finds that the State's NSR rules meet the Federal
nonattainment NSR permitting requirements of the Act for all of its
nonattainment areas, and that the State's revised definition of
volatile organic compounds is consistent with the federal definition.
DATES: This final rule is effective on July 5, 1995 unless adverse or
critical comments are received by June 5, 1995. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Comments should be addressed to Vicki Stamper, 8ART-AP, at
the EPA Regional Office listed. Copies of the State's submittal and
other relevant information are available for [[Page 22278]] inspection
during normal business hours at the following locations: Air Programs
Branch, U.S. Environmental Protection Agency, Region VIII, 999 18th
Street, suite 500, Denver, Colorado 80202-2466; and Division of Air
Quality, Utah Department of Environmental Quality, P.O. Box 44820, 150
North 1950 West, Salt Lake City, Utah 84114-4820.
FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8ART-AP, U.S.
Environmental Protection Agency, Region VIII, 999 18th Street, suite
500, Denver, Colorado 80202-2466, (303) 293-1765.
SUPPLEMENTARY INFORMATION:
I. Background
A. Nonattainment NSR Requirements of the Amended Act
The air quality planning requirements for nonattainment NSR are set
out in part D of title I of the Act. The EPA has issued a ``General
Preamble'' describing EPA's preliminary views on how EPA intends to
review SIPs and SIP revisions submitted under part D, including those
State submittals containing nonattainment area NSR SIP requirements
(see 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April 28, 1992)).
Because EPA is describing its interpretations here only in broad terms,
the reader should refer to the General Preamble for a more detailed
discussion of the interpretations of part D advanced in this notice and
the supporting rationale. A brief discussion of the specific elements
required in a State's nonattainment NSR program is also included in
Section II.B. of this notice.
EPA is currently developing rule revisions to implement the changes
under the 1990 Clean Air Act Amendments in the NSR provisions of parts
C and D of title I of the Act. The EPA anticipates that the proposed
rule will be published for public comment in early 1995. If EPA has not
taken final action on States' NSR submittals by that time, EPA may
generally refer to the proposed rule as the most authoritative guidance
available regarding the approvability of the submittals. EPA expects to
take final action to promulgate the rule revisions to implement the
part C and D changes in early 1996. Upon promulgation of those revised
regulations, EPA will review NSR SIPs to determine whether additional
SIP revisions are necessary to satisfy the requirements of the
rulemaking.
Prior to EPA approval of a State's NSR SIP submission, the State
may continue permitting only in accordance with the new statutory
requirements for permit applications completed after the relevant SIP
submittal date. This policy was explained in transition guidance
memoranda from John Seitz dated March 11, 1991 and September 3, 1992.
As explained in the March 11 memorandum, EPA does not believe
Congress intended to mandate the more stringent title I NSR
requirements during the time provided for SIP development. States were
thus allowed to continue to issue permits consistent with requirements
in their current NSR SIPs during that period, or to apply 40 CFR 51,
Appendix S for newly designated areas that did not previously have NSR
SIP requirements.
The September 3, 1992 memorandum also addressed the situation where
States did not submit the part D NSR SIP revisions by the applicable
statutory deadline. For permit applications complete by the SIP
submittal deadline, States may issue final permits under the prior NSR
rules, assuming certain conditions in the September 3 memorandum are
met. However, for applications completed after the SIP submittal
deadline, EPA will consider the source to be in compliance with the Act
where the source obtains from the State a permit that is consistent
with the substantive new NSR part D provisions in the amended Act. EPA
believes this guidance continues to apply to permitting pending final
action on Utah's NSR SIP submittal.
B. Volatile Organic Compound Definition
On February 3, 1992, EPA promulgated a definition of volatile
organic compounds (VOCs) in 40 CFR 51.100(s). See 57 FR 3941-3946.
Therefore, Utah updated its definition of VOCs in its regulations to
reflect the federal definition. That revised definition was submitted
by the State on June 10, 1994.
II. Analysis of State Submission
Section 110(k) of the Act sets out provisions governing EPA's
review of SIP submittals (see 57 FR 13565-13566).
A. Procedural Background
1. New Source Review Rules
The Act requires States to observe certain procedural requirements
in developing implementation plans and plan revisions for submission to
EPA. Section 110(a)(2) of the Act provides that each implementation
plan submitted by a State must be adopted after reasonable notice and
public hearing.1 Section 110(l) of the Act similarly provides that
each revision to an implementation plan submitted by a State under the
Act must be adopted by such State after reasonable notice and public
hearing.
\1\Section 172(c)(7) of the Act provides that plan provisions
for nonattainment areas shall meet the applicable provisions of
Section 110(a)(2).
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The EPA also must determine whether a submittal is complete and
therefore warrants further EPA review and action (see section 110(k)(1)
and 57 FR 13565, April 16, 1992). The EPA's completeness criteria for
SIP submittals are set out at 40 CFR part 51, appendix V. The EPA
attempts to make completeness determinations within 60 days of
receiving a submission. However, a submittal is deemed complete by
operation of law under section 110(k)(a)(B) if a completeness
determination is not made by EPA within 6 months after receipt of the
submission.
The State of Utah held public hearings on June 2, 1993 for the VOC/
nitrogen oxides (NOX) offset provisions and on August 4, 1993 for
the other NSR revisions to entertain public comment on these SIP
revisions. Following the public hearings, the VOC/NOX offset rule
was adopted by the State on June 17, 1993 and the other NSR revisions
were adopted on September 30, 1993. These rule revisions were submitted
to EPA on November 12, 1993 as a proposed revision to the SIP, along
with other ozone SIP revisions and the ozone redesignation request for
the Salt Lake and Davis County nonattainment areas.
Specifically, the State submitted revisions to its NSR permitting
regulations in Utah Air Conservation Regulation (UACR) R307-1-1 and
R307-1-3. The revisions to the State's NSR regulations were made to
bring the State's NSR rules for all of its nonattainment areas up-to-
date with the amended Act.
The SIP revisions were reviewed by EPA to determine completeness
shortly after its submittal, in accordance with the completeness
criteria referenced above. The initial submittal was found to be
incomplete, and a letter dated January 19, 1994 was forwarded to the
Governor indicating the administrative and technical deficiencies in
the submittal. The State of Utah sued EPA on March 18, 1994 regarding
EPA's incompleteness finding (State of Utah v. EPA, Case No. 94-9520).
As part of the lawsuit settlement, EPA agreed to allow the State to
repackage its submittal and request parallel processing of the ozone
redesignation request for Salt Lake and Davis Counties. Therefore, on
June 27, [[Page 22279]] 1994, the State submitted a request for
parallel processing of the ozone maintenance plan and resubmitted a
reorganized ozone redesignation request which included, among other
things, NSR rule revisions for all of the State's nonattainment areas.
On the basis of the State's reorganized redesignation request and
request for parallel processing, EPA withdrew the January 19, 1994
finding of incompleteness in a July 7, 1994 letter to the Governor and
deemed the State to have submitted a complete ozone redesignation
request, including a complete nonattainment area NSR submittal, on
November 12, 1993.
Since the increased emission offset ratio requirements for new and
modified sources of VOCs and NOX in the State's moderate ozone
nonattainment areas were not submitted by November 15, 1992, EPA made a
finding, pursuant to section 179 of the Act, that the State failed to
submit that SIP element and notified the Governor in a letter dated
January 15, 1993. After the VOC/NOX emission offset rules for the
State's ozone nonattainment areas were resubmitted on June 27, 1994
along with the reorganized ozone redesignation request, EPA determined
that the State's submittal was administratively and technically
complete on July 7, 1994 as stated above. This completeness
determination corrected the State's deficiency and, therefore,
terminated the 18-month sanctions clock under section 179 of the Act.
Promulgation of full approval of Utah's ozone NSR rules will
fulfill EPA's obligation under section 110(c)(1) of the Act, which
requires that EPA either approve the State's submittal or promulgate a
NSR Federal implementation plan (FIP) within 24 months of EPA's finding
that the State failed to submit the NSR rules (i.e, by January 15,
1995).
2. Volatile Organic Compound Definition
The State of Utah held a public hearing on March 9, 1993 for the
revisions to the definition of VOCs in UACR R307-1-1 to entertain
public comment on this SIP revision. Following the public hearing, the
revised VOC definition was adopted by the State on March 26, 1993. This
revision was submitted to EPA on May 20, 1994 as a proposed revision to
the SIP.
The SIP revision was reviewed by EPA to determine completeness
shortly after its submittal, in accordance with the completeness
criteria referenced above. The submittal was found to be complete, and
a letter dated October 20, 1994 was forwarded to the Governor
indicating the completeness of the submittal and the next steps to be
taken in the processing of the submittal.
B. Review of Submittal for Meeting the Nonattainment NSR Requirements
of the Act
1. General Nonattainment NSR Requirements
The general statutory requirements for nonattainment NSR SIPs and
permitting as amended by the 1990 Amendments are found in sections 172
and 173 of the Act. These requirements apply in all nonattainment
areas. The following represents EPA's review of the State's regulation
in meeting the NSR requirements of the amended Act:
(1) The amended Act repealed the construction ban provisions
previously found in section 110(a)(2)(I) with certain exceptions.
No construction bans are currently imposed in Utah, so this
requirement is inapplicable.
(2) Section 173(a)(1)(A) of the Act requires a demonstration for
permit issuance that the new source growth does not interfere with
reasonable further progress (RFP) for the area. In addition,
calculations of emissions offsets must be based on the same emissions
baseline used in the demonstration of RFP.
In UACR R307-1-3.3.2.C.(3), R307-1-3.3.3.A.(2), and R307-1-3.3.5,
the State has established provisions which adequately address section
173(a)(1).
(3) Section 173(c)(1) of the Act requires that offsets must
generally be obtained by the same source or other sources in the same
nonattainment area. However, offsets may be obtained from other
nonattainment areas if: The area in which the offsets are obtained has
an equal or higher nonattainment classification; and emissions from the
nonattainment area in which the offsets are obtained contribute to a
National Ambient Air Quality Standard (NAAQS) violation in the area in
which the source would construct.
In UACR R307-1-3.3.3.A.(1), the State has established provisions
that adequately meet this requirement of section 173(c)(1).
(4) Section 173(c)(1) of the Act requires that any emissions
offsets obtained in conjunction with the issuance of a permit to a new
or modified source must be in effect and enforceable by the time the
new or modified source commences operation.
In UACR R307.1.3.3.3.A.(2), the State has established provisions
that adequately meet this requirement of section 173(c)(1).
(5) Section 173(c)(1) of the Act requires that emissions increases
from new or modified major stationary sources are offset by real
reductions in actual emissions.
In UACR R307-1-3.3.3.A.(2), the State has established provisions
that adequately meet this requirement of section 173(c)(1).
(6) Section 173(c)(2) of the Act prohibits emissions reductions
otherwise required by the Act from being credited for purposes of
satisfying the part D offset requirements.
In UACR R307-1-3.3.3.A.(3), the State has established provisions
that adequately meet the requirements of section 173(c)(2).
(7) Section 173(a)(3) provides that, as a condition of permit
issuance, states must require the owner or operator of a proposed new
or modified source to demonstrate that all major stationary sources
under the same ownership or control are in compliance or are on a
schedule for compliance with all applicable emission limitations and
standards.
In UACR R307-1-3.3.2.C.(2), the State has established provisions
that adequately meet the requirements of section 173(a)(3).
(8) Section 173(a)(2) requires a new or modified major stationary
source to comply with the lowest achievable emission rate (LAER).
In UACR R307-1-3.3.2.C.(1), the State has established provisions
that adequately meet the requirements of section 173(a)(2).
(9) Revised sections 172(c)(4), 173(a)(1)(B), and 173(b) of the Act
limit and invalidate use of certain growth allowances in nonattainment
areas.
This requirement is inapplicable because the State of Utah has not
established any growth allowances in its nonattainment area SIPs.
(10) Revised section 173(a)(5) of the Act requires that, as a
prerequisite to issuing any part D permit, an analysis of alternative
sites, sizes, production processes, and environmental control
techniques for a proposed source must be completed which demonstrates
that the benefits of the proposed source significantly outweigh the
environmental and social costs imposed as a result of its location,
construction, or modification.
In UACR R307-1-3.1.10, the State has established provisions which
adequately address the requirements of section 173(a)(5).
(11) Section 173(d) of the Act requires States to submit control
technology information from permits to EPA for the purposes of making
such information [[Page 22280]] available through the RACT/BACT/LAER
clearinghouse.
Utah and EPA have established provisions in the annual State-EPA
agreement requiring the State to submit information from nonattainment
NSR permits to EPA's RACT/BACT/LAER clearinghouse. Thus, a process has
been established to meet this requirement.
(12) Section 173(e) of the Act provides that States may allow any
existing or modified source that tests rocket engines or motors to use
alternative or innovative means to offset emissions increases from
firing and related cleaning, under certain conditions.
In lieu of imposing any alternative offset measures the permitting
authority may impose an emission limit amounting to no more than 1.5
times the average cost of stationary control measures adopted in that
area during the previous three years.
In UACR R307-1-3.3.3.A.(4), the State has adopted provisions for
innovative offsetting for rocket engine and motor firing consistent
with sections 173(e)(1) through (e)(4) of the Act.
(13) Section 328 requires that sources located on the outer
continental shelf (OCS) must be subject to the same requirements as
would be applicable if the source were located in the corresponding
onshore area.
Since the State of Utah is landlocked and not adjacent to any
oceans, this requirement is inapplicable.
(14) Revised section 302(z) of the Act sets forth a new definition
of ``stationary source'' reflecting Congressional intent that certain
stationary internal combustion engines are subject to State regulation
under stationary source permitting programs, while certain ``nonroad
engines,'' defined in section 216(10), are generally excluded. On June
17, 1994, the EPA published regulations in 40 CFR Part 89 regarding new
nonroad engines and vehicles, including a definition of nonroad engine
(59 FR 31306).
EPA's action to approve this SIP revision is limited in that the
action does not approve any regulation of nonroad engines in a manner
inconsistent with section 209 of the Act and EPA regulations
implementing section 209.
2. Applicability of Utah's Nonattainment NSR Provisions
EPA's initial review of the State's nonattainment NSR rules found
that the applicability of the rules was unclear. Specifically, UACR
R307-1-3.3.2.C. states that the nonattainment NSR provisions apply to a
new or modified source if the Executive Secretary of the Utah Air
Quality Board finds that the emissions from the proposed source would
contribute to an existing violation of the NAAQS. EPA identified
concerns with this language in an August 25, 1994 letter to the State,
since applicability of the Federal nonattainment NSR requirements is
based on the fact that a new or modified major source proposes to
locate in a nonattainment area. In an October 18, 1994 letter, the
State Air Director provided clarification that, under the State's
rules, any new major source or major modification proposing to
construct in a nonattainment area would be considered to contribute to
an existing violation of the NAAQS and would therefore be subject to
all of the State's nonattainment NSR requirements. In addition, the
State's letter further explained that there is a more general
requirement in UACR R307-1-3.1.8.B. which specifically provides that
the Executive Secretary may only issue a permit if it is determined to
be in accord with the ``new source review requirements for
nonattainment areas under the Federal Clean Air Act.'' Thus, the
State's regulations require the State to comply with the Federal
nonattainment NSR requirements in approving any construction permit.
3. Nonattainment Area-Specific NSR Requirements
In addition to all of the general nonattainment NSR provisions
mentioned above, there are also nonattainment area-specific NSR
provisions in subparts 2, 3, and 4 of part D of the Act, some of which
supersede these general NSR provisions because they are more stringent.
The following provisions are the additional NSR provisions that apply
in Utah's nonattainment areas and represent EPA's review of the State's
regulation in meeting these requirements:
1. Ozone Nonattainment Areas
The general nonattainment NSR requirements discussed above are
found in sections 172 and 173 of part D of title I of the Act and must
be met in all nonattainment areas. Requirements for ozone that
supplement or supersede these requirements are found in subpart 2 of
part D. In addition, section 182(f) of subpart 2 states that the
requirements for major stationary sources of VOCs shall apply to major
stationary sources of NOX unless the Administrator makes certain
determinations related to the benefits or contribution of NOX
control to air quality.
Utah currently has two ozone nonattainment areas: Davis County and
Salt Lake County, both of which are currently classified as moderate.
(See 40 CFR 81.345 for Utah's ozone nonattainment area designations.)
For moderate ozone nonattainment areas, States must submit the
following NSR provisions, in addition to provisions meeting the general
NSR requirements in sections 172 and 173 of the Act discussed above:
a. Definition of the term ``major stationary source'' that reflects
the section 302(j) 100 tons per year (tpy) VOC and, presumptively, the
100 tpy NOX thresholds for determination of whether a source is
subject to the part D NSR requirements as a major source. In addition,
a 40 tpy significance level for defining major modifications of both
VOCs and NOX must be established consistent with the significance
level in 40 CFR 51.165(a)(1)(x).
b. Provisions to ensure that new or modified major stationary
sources obtain offsets under section 182(a)(4) of the Act at a ratio of
at least 1.15:1 in order to obtain an NSR permit.
In the applicable definition of ``major source'' in UACR R307-1-1,
the State has established a 100 tpy threshold for any source of VOCs or
NOX located in an ozone nonattainment area or a lesser amount if
required in part D of the Act. In addition, the definition of ``major
modification'' in R307-1-1 provides that a modification that is
significant for VOCs or NOX shall be considered significant for
ozone. The State has established a 40 tpy significance threshold for
both VOCs and NOX in the definition of ``significant'' in R307-1-
1. Lastly, UACR R307-1-3.3.3.C. requires an offset ratio of at least
1.15:1 be met by new and modified sources proposing to locate in ozone
nonattainment areas. Therefore, EPA finds that the State's NSR program
meets the requirements for all of its ozone nonattainment areas.
In addition to meeting the NSR requirements for ozone nonattainment
areas, the State has written the alternative siting analysis
requirement in R307-1-3.1.10 and the 1.15:1 offset requirement in R307-
1-3.3.3.C. to apply to new or modified major sources of VOCs or
NOX proposing to locate in the Salt Lake or Davis County area. In
addition, the State has retained the nonattainment NSR thresholds for
VOCs and NOX for defining a major source proposing to locate in
Salt Lake or Davis Counties (i.e., 100 tpy). Thus, the State intends
these two nonattainment NSR provisions to apply in the Salt Lake and
Davis County areas even after such areas are no longer designated
nonattainment areas. [[Page 22281]]
2. Carbon Monoxide Nonattainment Areas
The State of Utah has three CO nonattainment areas: Salt Lake City,
currently not classified, Ogden, currently classified as moderate with
a design value less than 12.7 parts per million (ppm), and Provo,
currently classified as moderate with a design value greater than 12.7
ppm. (See 40 CFR 81.345 for Utah's CO nonattainment area designations.)
For both not classified and moderate CO nonattainment areas, States
must submit the following NSR provisions, in addition to provisions
meeting the general NSR requirements in sections 172 and 173 of the Act
discussed above:
A definition of the term ``major stationary source'' that reflects
the section 302(j) 100 tpy CO threshold, and a 100 tpy significance
level for defining major modifications of CO consistent with the
significance level in 40 CFR 51.165(a)(1)(x).
In the applicable definition of ``major source'' in UACR R307-1-1,
the State has established a 100 tpy threshold for sources of CO
locating in a CO nonattainment area. In addition, the State has
established a 100 tpy significance threshold for CO in the definition
of ``significant'' in R307-1-1. Therefore, EPA finds that the State's
NSR rules meets the requirements for all of its CO nonattainment areas.
3. PM-10 Nonattainment Areas
The State of Utah has two PM-10 nonattainment areas, both of which
are currently classified as moderate: Salt Lake County and Utah County.
(See 40 CFR 81.345 for Utah's PM-10 nonattainment area designations.)
For moderate PM-10 nonattainment areas, States must submit the
following NSR provisions, in addition to provisions meeting the general
NSR requirements in sections 172 and 173 of the Act discussed above:
a. A definition of the term ``major stationary source'' that
reflects the section 302(j) 100 tpy PM-10 threshold, and a 15 tpy
significance level for defining major modifications of PM-10,
consistent with the significance level in 40 CFR part 51.
b. Section 189(e) of the amended Act requires that the control
requirements applicable to major stationary sources of PM-10 must also
apply to major stationary sources of PM-10 precursors, except where the
Administrator of EPA has determined that such sources do not contribute
significantly to PM-10 levels which exceed the standard in the area.
PM-10 precursors may include VOCs, which form secondary organic
compounds, sulfur dioxide (SO2), which forms sulfate compounds,
and NOX, which form nitrate compounds. Thus, unless the EPA
Administrator finds otherwise, States must submit rules applying all of
the NSR provisions mentioned above to sources of PM-10 precursors,
including the 100 tpy threshold for defining major stationary sources
and the current significance level thresholds in 40 CFR 51.165(a)(1)(x)
for each PM-10 precursor pollutant for defining major modifications.
EPA has not made a finding under section 189(e) that sources of PM-
10 precursors do not contribute significantly in Utah's PM-10
nonattainment areas. In EPA's notice of proposed approval of the Salt
Lake and Utah County PM-10 SIPs, EPA stated that PM-10 violations in
both counties were attributable to sources of both SO2 and
NOX (see 57 FR 60152, December 18, 1992). Approval of these PM-10
SIPs was promulgated on July 8, 1994 (59 FR 35036). Thus, in accordance
with section 189(e), Utah is required to regulate new and modified
major sources of SO2 and NOX as precursors to PM-10 in its
NSR permitting rules.
In the applicable definition of ``major source'' in UACR R307-1-1,
the State has established a 100 tpy threshold for any source of PM-10
or a PM-10 precursor located in a PM-10 nonattainment area or a lesser
amount if required in part D of the Act. ``PM-10 precursor'' is defined
in UACR R307-1-1 as including SO2 and NOX. In addition, the
definition of ``major modification'' in UACR R307-1-1 provides that a
modification that is significant for a PM-10 precursor shall be
considered significant for PM-10. The State has established a 15 tpy
significance level for PM-10 and 40 tpy significance levels for both
SO2 and NOX in the definition of ``significant'' in R307-1-1.
In UACR R307-1-3.3.3.B., the State has adopted an additional
provision requiring emission offsets for new and modified sources of
PM-10 and PM-10 precursors that may not normally be subject to the
nonattainment NSR permitting requirements. Specifically, this provision
requires new sources or modifications to existing sources with total
combined net emissions increases of PM-10, SO2, and NOX of
greater than or equal to 25 tpy to obtain emission offsets. For sources
or modifications between 25 and 50 tpy, the emission offset ratio
required is 1:1, and for sources or modifications equal to or greater
than 50 tpy, the emission offset ratio required is 1.2:1. For these
offset determinations, the State rule provides that PM-10, SO2,
and NOX will be treated on an equal basis.
This provision was originally submitted as a Group I PM-10 control
measure for these areas before nonattainment NSR rules for PM-10 were
required. This measure was continued as a control measure in the PM-10
SIP submittal for the Salt Lake and Utah County nonattainment areas,
which EPA approved on July 8, 1994 (59 FR 35036). The basis for this
measure, according to Section 9.A.7. of the Utah SIP, was to ensure new
growth did not increase the cap on industrial emissions. Since the
State now has adopted nonattainment NSR rules for new and modified
major sources of PM-10 or PM-10 precursors (i.e., new sources greater
than 100 tpy of PM-10 or a PM-10 precursor) in accordance with the
requirements of the amended Act, EPA interprets UACR R307-1-3.3.3.B. to
apply only to those new and modified sources which would not otherwise
be subject to the major source/major modification nonattainment NSR
provisions in R307-1-3.
It is necessary to make this distinction because, in determining
applicability to the major source nonattainment NSR requirements, EPA
only allows a source to consider reductions in the same pollutant when
calculating the potential to emit of a new source or the net emissions
increase from a modification. Also, in meeting the emission offset
requirement of the nonattainment NSR provisions once it is determined
that a source is subject to the nonattainment NSR provisions, EPA
currently only allows restricted interpollutant trading between PM-10
and PM-10 precursors. Specifically, new major sources or major
modifications of a PM-10 precursor are allowed to obtain offsets from
reductions in PM-10. Otherwise, new major sources and major
modifications must obtain offsets from reductions in the same
pollutant.
As discussed above under ``Applicability of Utah's Nonattainment
NSR Provisions,'' UACR R307-1-3.1.8.B. specifically provides that the
Executive Secretary may only issue a permit if it is determined to be
in accord with the ``new source review requirements for nonattainment
areas under the Federal Clean Air Act.'' Thus, in order for the State
to comply with this provision, the State must interpret its regulations
as stated in the above paragraph. Consequently, the State's provision
in UACR R307-1-3.3.3.B. applies to new sources or modifications which
would have combined emissions of PM-10 and PM-10 precursors greater
than or equal to 25 tpy, but this [[Page 22282]] provision does not
apply to any new source or modification considered to be major based on
the emissions of a single pollutant. In the case of a new major source
or major modification, the nonattainment NSR provisions for major
sources of UACR R307-1-3, including the general offset requirements in
R307-1-3.3.3.A., and the nonattainment NSR requirements under the Clean
Air Act would apply to such source or modification in accordance with
UACR R307-1-3.1.8.B.
Because the State has adequately addressed all of the other general
NSR requirements, EPA finds that the State's NSR program meets all of
the requirements for all of its PM-10 nonattainment areas.
4. Sulfur Dioxide Nonattainment Areas
The State of Utah has two SO2 nonattainment areas, which are
defined as Salt Lake County and portions of Tooele County. (See 40 CFR
81.345 for Utah's SO2 nonattainment area designations.) For
SO2 nonattainment areas, States must submit the following NSR
provisions, in addition to provisions meeting the general NSR
requirements in sections 172 and 173 of the Act discussed above:
A definition of the term ``major stationary source'' that reflects
the section 302(j) 100 tpy SO2 threshold, and a 40 tpy
significance level for defining major modifications of SO2,
consistent with the significance level in 40 CFR 51.165(a)(1)(x).
In the definition of ``major source'' in UACR R307-1-1, the State
has established a 100 tpy threshold for SO2. In addition, the
State has established a 40 tpy significance threshold for SO2 in
the definition of ``significant'' in R307-1-1. Therefore, EPA finds
that the State's NSR rules meets the requirements for all of its
SO2 nonattainment areas.
For further information on these requirements and the State's
provisions which meet these requirements, please see the Technical
Support Document (TSD) accompanying this notice.
C. Review of VOC Definition Submittal
EPA has reviewed the State's definition of VOC in UACR R307-1-1 and
finds that it is consistent with the federal definition in 40 CFR
51.100(s). For further information, see the TSD.
Final Action
EPA is approving the revisions to Utah's nonattainment NSR rules in
UACR R307-1-1 and R307-1-3, which were submitted by the Governor on
November 12, 1993 and May 20, 1994 for approval in the SIP. The State
of Utah has submitted an approvable plan to implement the NSR
provisions of part D of the Act. Each of the NSR program elements
discussed above have been adequately addressed in the State's
regulations for all of the State's nonattainment areas.
EPA's approval includes the following sections of the Utah Air
Conservation Regulations: (1) The forward of R307-1-1 and the following
definitions in R307-1-1 that have been revised since EPA's last
approval of R307-1-1 (July 8, 1994, 59 FR 35036) and which apply to the
State's NSR permitting program in R307-1-3: ``air contaminant,'' ``air
contaminant source,'' ``air pollution,'' ``allowable emissions,''
``ambient air,'' ``best available control technology (BACT),''
``board,'' ``department,'' ``dispersion technique,'' ``emission
limitation,'' ``executive director,'' ``executive secretary,'' ``major
modification,'' ``major source,'' ``PM-10 precursor,'' ``person,''
``temporary,'' and ``volatile organic compound (VOC);'' (2) R307-1-
3.1.8; 3) R307-1-3.1.10; and 4) R307-1-3.3.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. Under the procedures
established in the May 10, 1994 Federal Register (59 FR 24054), this
action will be effective on July 5, 1995 unless, by June 5, 1995,
adverse or critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective on July 5, 1995.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to any SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866 review.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
SIP approvals under section 110 and subchapter I, part D of the Act
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the Federal-state relationship under the Act,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Act forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(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 July 5, 1995. 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,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 24, 1995.
Robert L. Duprey,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows: [[Page 22283]]
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart TT--Utah
2. Section 52.2320 is amended by adding paragraph (c)(28) to read
as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
(28) On November 12, 1993, the Governor of Utah submitted revisions
to its permitting requirements to satisfy the nonattainment new source
review provisions in the amended Clean Air Act for all of its
nonattainment areas. On May 20, 1994, the Governor of Utah submitted a
revision to Utah's definition of volatile organic compounds.
(i) Incorporation by reference.
(A) Utah Air Conservation Regulations, R307-1-1, the forward and
the following definitions: ``air contaminant,'' ``air contaminant
source,'' ``air pollution,'' ``allowable emissions,'' ``ambient air,''
``best available control technology (BACT),'' ``board,''
``department,'' ``dispersion technique,'' ``emission limitation,''
``executive director,'' ``executive secretary,'' ``major
modification,'' ``major source,'' ``PM-10 precursor,'' ``person,''
``temporary,'' and ``volatile organic compound (VOC);'' effective
November 15, 1993, printed June 24, 1994.
(B) Utah Air Conservation Regulations, R307-1-3.1.8, R307-1-3.1.10,
and R307-1-3.3; effective August 16, 1993, printed May 26, 1994.
(ii) Additional material.
(A) Letter dated October 18, 1994 from Russell A. Roberts to
Douglas M. Skie clarifying applicability of Utah's nonattainment new
source review permitting requirements.
[FR Doc. 95-10821 Filed 5-4-95; 8:45 am]
BILLING CODE 6560-50-P
