[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]



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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

[[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

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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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