[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Rules and Regulations]
[Pages 20142-20145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11198]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[UT18-1-6778a; FRL-5468-8]
Approval and Promulgation of Air Quality Implementation Plans;
Utah; Emission Statement Regulation, Ozone Nonattainment Area
Designation, Definitions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the revision to the Utah State Implementation
Plan (SIP) that was submitted by the Governor of Utah on November 12,
1993, for the purpose of implementing an emission statement program for
stationary sources within the Salt Lake and Davis Counties (SLDC) ozone
nonattainment area. The emission statement inventory regulation, Utah
Air Conservation Regulation (UACR) R307-1-3.5.4., was submitted by the
State to satisfy the Clean Air Act (CAA), as amended in 1990,
requirements for an emission statement program to be part of the SIP
for Utah. EPA's approval will serve to make the emission statement
inventory regulation federally enforceable. In addition, EPA is
approving other minor changes involving definitions in UACR R307-1-1.
and the ozone nonattainment area designation definition in UACR R307-1-
3.3.3.
EFFECTIVE DATE: This final rule will be effective July 5, 1996, unless
adverse comments are received in writing on or before June 5, 1996. If
the effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be addressed to: Richard R. Long,
Director, Air Program (8P2-A), United States Environmental Protection
Agency, Region 8, 999 18th Street, Suite 500, Denver, Colorado 80202-
2466.
Copies of the documents relevant to this action are available for
public inspection between 8:00 a.m. and 4:00 p.m., Monday through
Friday at the following office: United States Environmental Protection
Agency, Region 8, Air Program, 999 18th Street, Suite 500, Denver,
Colorado 80202-2466.
FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program (8P2-A), United
States Environmental Protection Agency, Region 8, 999 18th Street,
Suite 500, Denver, Colorado 80202-2466, Telephone number: (303) 312-
6479.
SUPPLEMENTARY INFORMATION: Section 110(a)(2)(H)(i) of the CAA provides
the State the opportunity to update its SIP as needed or to address new
statutory requirements. The State is utilizing this authority of the
CAA to include its emission statement inventory regulation as part of
the SIP, to revise the ozone nonattainment area designation definition,
and perform minor definition changes.
I. Background
The air quality planning and SIP requirements for ozone
nonattainment and transport areas are set out in subparts I and II of
Part D of Title I of the CAA. EPA previously published a ``General
Preamble'' describing EPA's preliminary views on how EPA intends to
review SIPs and SIP revisions submitted under Title I of the CAA (refer
to 57 FR 13498, dated April 16, 1992, ``General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990;
Proposed Rule'', 57 FR 18070, dated April 28, 1992, ``General Preamble
for the Implementation of Title I of the Clean Air Act Amendments of
1990; Supplemental; Proposed Rule'', and 57 FR 55620, dated November
25, 1992, ``Nitrogen Oxides Supplement to the General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990'').
EPA also issued guidance describing the requirements for emission
statement programs, as discussed in this action, entitled ``Guidance on
the Implementation of an Emission Statement Program'', dated July,
1992.
Section 182 of the CAA sets out a graduated control program for
ozone nonattainment areas. Section 182(a) describes requirements
applicable to Marginal nonattainment areas. These requirements are also
made applicable to all other ozone nonattainment area
[[Page 20143]]
classifications through subsections (b), (c), (d), and (e) of section
182. Among the requirements in section 182(a) is a program, described
in paragraph (3) of that subsection, for stationary sources to prepare
and submit to the State each year emission statements showing actual
emissions of volatile organic compounds (VOC) and nitrogen oxides
(NOX). Section 182(a)(3) required States to submit to EPA, by
November 15, 1992, a revision to their SIP establishing an emission
statement program.
EPA's document ``Guidance on the Implementation of an Emission
Statement Program'', dated July, 1992, provided that whatever minimum
reporting level is established in a State emission statement program,
if either VOC or NOX is emitted at or above the designated level,
the other pollutant must be included in the emission statement even if
it is emitted at levels below the specified cutoffs.
Section 182(a)(3)(B)(ii) allows States to waive, with EPA approval,
the requirement for an emission statement for classes or categories of
sources with less than 25 tons per year of actual plant-wide NOX
or VOC emissions in nonattainment areas if: (1.) the class or category
is included in the base year and periodic inventories, and (2.)
emissions are calculated using emission factors established by EPA
(such as those found in EPA's publication AP-42) or other methods
acceptable to EPA.
The emission statement data must include: certification of data
accuracy; source identification information; operating schedule;
emissions information (to include annual and typical ozone season day
emissions); control equipment information; and process data. EPA
developed the emission statements data elements so as to be consistent
with other source and State reporting requirements. This consistency is
essential to assist States with quality assurance for emission
estimates and to facilitate consolidation of all EPA reporting
requirements.
In addition to the submission of the emission statement data to
AIRS, States must provide EPA with a status report that outlines the
degree of compliance with the emissions statement program. States must
report quarterly to EPA the total number of sources affected by the
State's emission statement provisions, the number that have complied
with the provisions, and the number that have not. This status report
must also include the total annual and typical ozone season day
emissions from all reporting sources, both corrected and non-corrected
for rule-effectiveness (RE). States must include in their status report
a list of sources that are delinquent in submitting their emission
statement and that emit 500 tpy or more of VOC or 2500 tpy or more of
NOX. This report must be submitted quarterly until all the
regulated sources have complied for the reporting year. The suggested
submittal dates for the quarterly status reports are July 1, October 1,
January 1, and April 1.
II. Analysis of Utah's Emission Statement Regulation
EPA is approving Utah's rule, UACR R307-1-3.5.4, ``Emission
Statement Inventory'', that was submitted by the Governor to EPA on
November 12, 1993. This rule provides the necessary requirements for an
emission statement program for the State of Utah as stipulated in
section 182(a)(3) of the CAA and in EPA's emission statement guidance
document entitled ``Guidance on the Implementation of an Emission
Statement Program'', dated July, 1992.
1. Administrative. The State of Utah held a public hearing on
August 4, 1993, for its Emission Statement Inventory regulation.
Following the public hearing, the Emission Statement Inventory
regulation was adopted by the State with an effective date of November
15, 1993. This new regulation was submitted to EPA on November 12,
1993, as part of the Ozone Redesignation Request and Maintenance Plan
SIP revisions. The State's emission statement inventory regulation was
prepared to fulfill one of the requirements of Section 182(b), for
Moderate ozone nonattainment areas, of the CAA.
The Ozone SIP revisions were reviewed by EPA to determine
completeness, in accordance with the completeness criteria found in 40
CFR Part 51 (as amended by 57 FR 42216 on August 26, 1991). The initial
November 12, 1993, submittal was found to be incomplete, and a letter
dated January 19, 1994, was sent to the Governor indicating the
administrative and technical deficiencies. 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 appropriate regulations and SIP revisions
relating to the Ozone Redesignation Request for Salt Lake and Davis
Counties. Therefore, on June 27, 1994, the State submitted: (1) a
request for parallel processing of the Ozone Maintenance Plan and, (2)
a reorganized Ozone Redesignation SIP revision and Maintenance Plan.
Included in the reorganized Ozone Redesignation SIP revision and
Maintenance Plan was the Emission Statement Inventory regulation. On
the basis of the State's June 27, 1994, submittal, EPA withdrew the
January 19, 1994, finding of incompleteness in a letter to the Governor
dated July 7, 1994. The July 7, 1994, letter deemed the State to have
submitted a complete Ozone Redesignation Request, including a complete
Emission Statement Inventory regulation submittal, as of November 12,
1993.
2. Components of an Emission Statement Regulation: There are
several components of an acceptable emission statement regulation.
Specifically, the State must submit an emission statement regulation as
a revision to its SIP. The emission statement regulation must meet the
minimum requirements for reporting by the sources and the State. The
emission statement regulation must include provisions for
applicability, definitions, compliance, and specific source
requirements detailed below.
a. Sources Covered. Section 182(a)(3)(B) requires that States with
areas designated as nonattainment for ozone require emission statement
data from sources of volatile organic compounds (VOC) or oxides of
nitrogen (NOX) in the nonattainment areas. This requirement
applies to all ozone nonattainment areas, regardless of the
classification (Marginal, Moderate, etc.) and is to be addressed
through a SIP revision. This requirement is fulfilled by the State in
UACR R307-1-3.5.4.A.
b. Regulation Elements. A State's emission statement regulation
must include provisions covering applicability of the regulation,
definitions for key terms used in the regulation, a compliance schedule
for sources covered by the regulation, and the specific reporting
requirements for sources. The emission statement submitted by the
source should contain a certification that the information is accurate
to the best knowledge of the individual certifying the statement,
identification information (name, physical location, mailing address of
the facility, latitude and longitude, and 4-digit Standard Industrial
Classification (SIC) code(s)), operating schedule information (annual
throughput, days per week on the normal operating schedule, hours per
day during the normal operating schedule, and hours per year on the
normal operating schedule), process rate data (annual process rate
(annual throughput) and peak ozone season daily process rate), control
equipment information (current primary and secondary control equipment
identification codes and current combined control equipment
[[Page 20144]]
efficiency (%)), emissions information (estimated actual VOC and
NOX emissions at the segment level (in tons per year for an annual
emission rate and pounds per day for a typical ozone season day),
estimated emissions method code, calendar year for the emissions, and
emission factor (if used)). The above requirements are fulfilled by the
State in UACR R307-1-3.5.4.B., UACR R307-1-3.5.4.C., and UACR R307-1-
3.5.4.D.
c. Reporting Requirements for Sources. Sources covered by Utah's
Emission Statement Inventory regulation must submit the data elements
described under Regulation Elements in section 2.b. above. The State
addressed this requirement in UACR R307-1-3.5.4.
d. Reporting Requirements for State. States must: (1) provide to
EPA the information for the sources covered by the emission statement
regulation, (2) provide the value for rule effectiveness utilized by
the State in its calculations, (3) submit quarterly emission statement
status reports. The quarterly reports should show the total number of
facilities that met the State's emission statement regulation
requirements and the number of facilities that failed to meet the
requirements. The above State reporting requirements were not initially
addressed in the State's submittal. In a letter dated April 21, 1995,
from Douglas Skie, Chief, Air Programs Branch, to Russell Roberts,
Director, Utah Division of Air Quality, EPA requested the State to
commit to providing the above information in quarterly status reports.
The necessary format was provided in this letter. In a letter dated May
30, 1995, from Russell Roberts, Director, Utah Division of Air Quality
to Douglas Skie, Chief, Air Programs Branch, the State committed to
provide the requested information.
III. Nonattainment Area Designation and Other Minor Definition
Changes
The State of Utah held a public hearing on September 1, 1993, for,
among other items, the ozone ``nonattainment area designation''
definition change. Following the public hearing, the ozone
``nonattainment area designation'' definition change was adopted by the
State with an effective date of November 13, 1993. UACR R307-1-3.3.3C
was changed from ``Ozone Nonattainment Areas'' to ``Ozone Nonattainment
Areas and Davis and Salt Lake Counties''. The other minor changes
involved several definitions found in UACR R307-1-1., ``Forward and
Definitions''. These other minor changes were administratively
addressed in conjunction with the Emission Statement Inventory
regulation in the August 4, 1993, public hearing and also became
effective on November 15, 1993.
IV. Enforceability Issues
All measures and other elements in the SIP must be enforceable by
the State and EPA. Under section 110(a)(2)(E)(iii) of the Act the State
must provide the necessary assurances that the State has the authority
to implement the SIP. The State has such authority, for the
implementation of the emission statement inventory regulation, UACR
R307-1-3.5.4., revision of the ozone nonattainment area designation
definition, UACR R307-1-3.3.3C, and other minor changes to definitions
in UACR R307-1-1., as found in the Utah Air Conservation Act, Chapter
2, Sections 19-2-101, 19-2-104, and 19-2-109.
Final Action. EPA is approving the following revision to Utah's SIP
as was submitted by the Governor on November 12, 1993: Emission
Statement Inventory regulation, UACR R307-1-3.5.4, ozone nonattainment
area designation definition, UACR R307-1-3.3.3C, and the following
definitions in UACR R307-1-1.; ``Control Apparatus'', ``Emissions
Information'', ``Peak Ozone Season'', ``Process Level'', and ``Process
Rate''.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revisions
should adverse comments be filed. This action will be effective July 5,
1996, unless, by June 5, 1996, adverse comments are received.
If EPA receives adverse 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. 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.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State Implementation Plan. Each request for revision to
any State Implementation Plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
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 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 CAA
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 significant impact on any small entities. Moreover, due to the
nature of the federal-state relationship under the CAA, preparation of
a regulatory flexibility analysis would constitute federal inquiry into
the economic reasonableness of state action. The CAA 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 5, 1996. Filing a petition for
reconsideration by the Administrator for 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) of the CAA).
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Section 110 of the
Clean Air Act. These rules may bind State, local and tribal governments
to perform certain actions and also
[[Page 20145]]
require the private sector to perform certain duties. The rules being
approved by this action will impose no new requirements; such sources
are already subject to these regulations under State law. Accordingly,
no additional costs to State, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this final action does not include a mandate that may result in
estimated costs of $100 million or more to State, local, or tribal
governments in the aggregate or to the private sector.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Agency has reviewed this request for
revision of the federally-approved SIP for conformance with the
provisions of the 1990 Amendments to the Clean Air Act enacted on
November 15, 1990. The Agency has determined that this action conforms
with those requirements.
Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: September 29, 1995.
Jack W. McGraw,
Acting Regional Administrator.
40 CFR part 52, Subpart TT, is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart TT--Utah
2. Section 52.2320 is amended by adding paragraph (c)(34) to read
as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
(34) Revisions to the Utah State Implementation Plan for the
Emission Statement Inventory regulation, UACR R307-1-3.5.4., revision
of the ozone nonattainment area designation definition, UACR R307-1-
3.3.3C, and other minor changes to definitions in UACR R307-1-1. were
submitted by the Governor in a letter dated November 12, 1993.
(i) Incorporation by reference.
(A) Emission Statement Inventory regulation, UACR R307-1-3.5.4,
ozone nonattainment area designation definition, UACR R307-1-3.3.3C,
and the following definitions in UACR R307-1-1.; ``Control Apparatus'',
``Emissions Information'', ``Peak Ozone Season'', ``Process Level'',
and ``Process Rate''. All were adopted on August 4, 1993, and became
effective on November 15, 1993.
(B) A letter dated May 30, 1995, from Russell Roberts, Director,
Utah Division of Air Quality to Douglas Skie, Chief, Air Programs
Branch for Region 8.
Editorial note: This document was received at the Office of the
Federal Register May 1, 1996.
[FR Doc. 96-11198 Filed 5-3-96; 8:45 am]
BILLING CODE 6560-50-P
