[Federal Register Volume 62, Number 88 (Wednesday, May 7, 1997)]
[Rules and Regulations]
[Pages 24824-24826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11913]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 60
[UT-001-0003a; FRL-5818-6]
Clean Air Act Approval and Promulgation of State Implementation
Plan; UT; Standards of Performance for New Stationary Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA approves the State Implementation Plan (SIP) revision
submitted by the State of Utah with a letter dated November 20, 1996.
The submittal included the State adoption of a new rule, R307-18-1,
which incorporates by reference the Federal new source performance
standards (NSPS) in 40 CFR part 60, as in effect on March 12, 1996. EPA
is approving the State's submittal because it is consistent with the
requirements of the Clean Air Act, as amended (Act).
DATES: This action will become effective on July 7, 1997, unless
comments are received in writing by June 6, 1997. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments on this action should be addressed to Vicki
Stamper, 8P2-A, at the EPA Regional Office listed below. Copies of the
State's submittal and other information are available for inspection
during normal business hours at the following locations: Air Program,
Environmental Protection Agency, Region VIII, 999 18th Street, suite
500, Denver, Colorado 80202-2405; Division of Air Quality, Utah
Department of Environmental Quality, 150 North 1950 West, P.O. Box
144820, Salt Lake City, Utah 84114-4820; and The Air and Radiation
Docket and Information Center, 401 M Street, SW, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Vicki Stamper, EPA Region VIII, (303)
312-6445.
SUPPLEMENTARY INFORMATION:
I. Analysis of State's Submission
A. Procedural Background
The Act requires States to observe certain procedural requirements
in developing implementation plans and plan revisions for submission to
EPA. Sections 110(a)(2) and 110(l) of the Act provide that each
implementation plan or plan revision submitted by a State must be
adopted after reasonable notice and public hearing. In accordance with
the completeness criteria in 40 CFR part 51, appendix V, 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].
EPA attempts to make completeness determinations within 60 days of
receiving a submission. However, a submittal is deemed complete by
operation of law if a completeness determination is not made by EPA six
months after receipt of the submission.
To entertain public comment, the State of Utah, after providing
adequate notice, held a public hearing on July 16, 1996 on the proposed
revision to the Utah Air Conservation Regulations. Following the public
hearing, the State adopted the rule revision on September 9, 1996. The
Governor of Utah submitted the SIP revision on November 20, 1996, and
supporting documentation was submitted by the Director of the Utah
Division of Air Quality on December 2, 1996. The SIP revision was
reviewed by EPA to determine completeness in accordance with the
completeness criteria set out at 40 CFR part 51, appendix V. The
submittal was found to be complete and a letter dated March 28, 1997
was forwarded to the Governor finding the submittal complete.
B. This Action
The State of Utah adopted a new rule, R307-18-1, which incorporates
by reference the Federal NSPS in 40 CFR part 60, as in effect on March
12, 1996. The State had previously relied on Utah Air Conservation
Regulations R307-1-1 and R307-1-3.1.8.B. to provide authority for
implementation and enforcement of the NSPS. Under these
[[Page 24825]]
provisions, the State had authority to implement and enforce new and
revised NSPS as soon as such standards were promulgated by EPA.
Accordingly, EPA provided automatic delegation of each new and revised
Federal NSPS to the State of Utah (see 49 FR 36369, September 17,
1984). However, with the State's adoption of R307-18-1, which only
incorporates by reference the Federal NSPS as in effect on March 12,
1996, the State no longer has authority to receive automatic
delegation. Consequently, EPA is rescinding the automatic delegation of
NSPS to Utah. In order for the State to have authority to implement and
enforce Federal NSPS that are adopted or revised after March 12, 1996,
the State will need to go through State rulemaking to adopt those
standards and request EPA approval.
In addition to incorporating by reference the Federal NSPS in 40
CFR part 60 as of March 12, 1996, R307-1-18 provides that the term
``administrator,'' as it is used in 40 CFR part 60, shall mean the
Executive Secretary of the Utah Air Quality Board unless such authority
cannot be delegated to the State by EPA. EPA finds that R307-1-18 is
consistent with the Federal NSPS regulations in 40 CFR part 60 and,
therefore, is approvable.
II. Final Action
EPA is approving Utah's SIP revision, as submitted by the Governor
on November 20, 1996, of the new Utah Air Conservation Regulation R307-
1-18, which incorporates by reference the Federal NSPS in 40 CFR part
60 as in effect on March 12, 1996. Since the State no longer has
authority to implement and enforce new and revised Federal NSPS as soon
as promulgated, EPA is rescinding its automatic delegation of NSPS that
had been previously granted to Utah.
This approval provides the State with the authority to implement
and enforce all Federal NSPS in 40 CFR part 60 as in effect on March
12, 1996. However, the State's NSPS authority does not include those
authorities which cannot be delegated to the states, as defined in 40
CFR part 60 and EPA policy.
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 revision
should adverse or critical comments be filed. This action will be
effective July 7, 1997 unless, by June 6, 1997, adverse or critical
comments are received.
If 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 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. If no such comments are received, the public is
advised that this action will be effective on July 7, 1997.
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 a SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
III. Administrative Requirements
A. Executive Order 12866
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 Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
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
Clean Air 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 Clean Air 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 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action proposes to
approve pre-existing requirements under State or local law, and imposes
not new Federal requirements. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, result
from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office prior to publication of this rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
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 7, 1997. 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
[[Page 24826]]
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Reporting recordkeeping requirements.
40 CFR Part 60
Environmental protection, Air pollution control.
Dated: April 18, 1997.
Jack W. McGraw,
Acting Regional Administrator.
Chapter I, title 40 of the Code of Federal Regulations 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)(37) to read
as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
(37) On November 20, 1996, the Governor of Utah submitted a
revision to the Utah State Implementation Plan. The submittal included
a new Utah regulation which incorporates by reference the Federal new
source performance standards in 40 CFR part 60, as in effect on March
12, 1996.
(i) Incorporation by reference.
(A) Utah Air Conservation Regulations, R307-18-1, ``Standards of
Performance for New Stationary Sources (NSPS),'' effective September 9,
1996, printed October 19, 1996.
PART 60--[AMENDED]
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7413, 7414, 7416, 7601, and
7602.
Subpart A--General Provisions
2. In Sec. 60.4(c), the table for ``Delegation Status of New Source
Performance Standards [(NSPS) for Region VIII]'' is amended by adding
to the end of the table an entry for ``WWW--Municipal Solid Waste
Landfills'' to read as follows:
Sec. 60.4 Address.
* * * * *
(c) * * *
Delegation Status of New Source Performance Standards
[(NSPS) for Region VIII]
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SUBPART CO MT\1\ ND\1\ SD\1\ UT\1\ WY
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* * * * * *
*
WWW Municipal Solid Waste ........... ........... ........... ........... ........... (*)
Landfills.
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\1\ Indicates approval of New Source Performance Standards as part of the State Implementation Plan (SIP).
(*) Indicates approval of State regulations.
[FR Doc. 97-11913 Filed 5-6-97; 8:45 am]
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