Clean Air Act Approval and Promulgation of State Implementation Plan; UT; Standards of Performance for New Stationary Sources

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

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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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