Approval and Promulgation of Air Quality Implementation Plans; Utah; Emission Statement Regulation, Ozone Nonattainment Area Designation, Definitions

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.

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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

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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

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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

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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]

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