[Federal Register Volume 68, Number 46 (Monday, March 10, 2003)]
[Rules and Regulations]
[Pages 11316-11325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5470]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AD-FRL-7456-9]
RIN-2060-AE11


Approval and Promulgation of Implementation Plans; Prevention of 
Significant Deterioration (PSD)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This final action revises the applicable implementation plans 
concerning the PSD program mandated by part C of title I of the Clean 
Air Act (CAA or Act). These revisions incorporate newly promulgated 
paragraphs of the Federal PSD rule into the federal implementation plan 
portion of a State's implementation plan where the State does not have 
an approved PSD State Implementation Plan (SIP) in place. Specifically, 
the revisions incorporate new applicability provisions in the Federal 
PSD rules for baseline emissions determination, actual-to-projected-
actual methodology, plantwide applicability limitations (PAL's), clean 
units, and pollution control projects (PCP's). The changes are intended 
to ensure comprehensive and consistent implementation of the Federal 
PSD program by State, local, and tribal agencies where EPA has 
determined that they have the responsibility to implement the Federal 
PSD program.

EFFECTIVE DATE: This final rule is effective on March 3, 2003.

ADDRESSES: Docket. Docket No. A-90-37 is located at the EPA Docket 
Center, EPA West, U.S. EPA (6102T), 1301 Constitution Avenue, NW, Room 
B-102, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Ms. Lynn Hutchinson, Information 
Transfer and Program Integration Division (C339-03), U.S. EPA Office of 
Air Quality Planning and Standards, Research Triangle Park, North 
Carolina 27711, telephone number (919) 541-5795, facsimile number (919) 
541-5509, electronic mail email) address: [email protected].

SUPPLEMENTARY INFORMATION:

Regulated Entities

    Entities potentially affected by this final action include sources 
in all industry groups. The majority of sources potentially affected 
are expected to be in the following groups.

------------------------------------------------------------------------
           Industry group              SIC \a\           NAICS \b\
------------------------------------------------------------------------
Electric Services..................          491  221111, 221112,
                                                   221113, 221119,
                                                   221121, 221122.
Petroleum Refining.................          291  32411.
Chemical Processes.................          281  325181, 32512, 325131,
                                                   325182, 211112,
                                                   325998, 331311,
                                                   325188.
Natural Gas Transport..............          492  48621, 22121.
Pulp and Paper Mills...............          261  32211, 322121, 322122,
                                                   32213
Paper Mills........................          262  322121, 322122.
Automobile Manufacturing...........          371  336111, 336112,
                                                   336712, 336211,
                                                   336992, 336322,
                                                   336312, 33633, 33634,
                                                   33635, 336399,
                                                   336212, 336213.
Pharmaceuticals....................          283  325411, 325412,
                                                   325413, 325414.
------------------------------------------------------------------------
\a\ Standard Industrial Classification
\b\ North American Industry Classification System.

Entities potentially affected by this final action also include State, 
local, and tribal governments that are delegated authority to implement 
these regulations.
    The EPA has established an official public docket for this action 
under Docket No. A-90-37. The official public docket consists of the 
documents specifically referenced in this action, any public comments 
received, and other information related to this action. Although a part 
of the official docket, the public docket does not include Confidential 
Business Information or other information whose disclosure is 
restricted by statute. The official public docket is the collection of 
materials that is available for public viewing at the EPA Docket 
Center, EPA West, Room B-102, 1301 Constitution Avenue, NW, Washington, 
DC 20460. The Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Reading Room is (202) 566-1744, and the telephone number for the Docket 
is (202) 566-1742. A reasonable fee may be charged for copying docket 
materials.
    Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the Federal Register 
listings at http://www.epa.gov/fedrgstr/.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's final rule will also be available on the 
WWW through EPA's Technology Transfer Network (TTN). Following 
signature by the EPA Administrator, a copy of the rule will be posted 
on the TTN's policy and guidance page for newly proposed or promulgated 
rules at: http://www.epa.gov/ttn/oarpg. The TTN provides information 
and technology exchange in various areas of air pollution control. If 
more information regarding the TTN is needed, call the TTN HELP line at 
(919) 541-5384.

[[Page 11317]]

Judicial Review

    Under section 307(b) of the CAA, judicial review of the final rule 
is available only by filing a petition for review in the United States 
Court of Appeals for the District of Columbia Circuit May 9, 2003. 
Under section 307(d)(7)(B) of the CAA, only an objection to the rule 
that was raised with reasonable specificity during the period for 
public comment can be raised during judicial review. Moreover, under 
section 307(b)(2) of the CAA, the requirements established by today's 
final action may not be challenged separately in any civil or criminal 
proceeding we bring to enforce these requirements.

Outline

    The information presented in this preamble is organized as follows:

I. Today's Final Action
    A. Background
    B. Revisions to Part 52
    C. Effective Date for Today's Final Action
II. Statutory and Executive Order Reviews
    A. Executive Order 12866-Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA), as Amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 
U.S.C. 601 et seq.
    D. Unfunded Mandates Reform Act of 1995
    E. Executive Order 13132-Federalism
    F. Executive Order 13175-Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045-Protection of Children from 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211-Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act of 1995
    J. Congressional Review Act

I. Today's Final Action

A. Background

    The 1970 Clean Air Act at section 110 required States to submit 
plans to provide for the implementation and maintenance of the national 
ambient air quality standards (NAAQS). While the 1970 CAA established 
requirements for protecting the NAAQS through SIP's, it did not address 
prevention of significant deterioration of air quality. On May 31, 1972 
(37 FR 10842), the Administrator published initial approvals and 
disapprovals of SIP's submitted pursuant to section 110 of the CAA. On 
November 9, 1972 (37 FR 23836), all SIP's were disapproved insofar as 
they failed to provide for significant deterioration of air quality. 
This action was taken in response to a preliminary injunction issued by 
the District Court for the District of Columbia, which also required 
the Administrator to promulgate regulations as to any State plan that 
either permits the significant deterioration of air quality in any 
portion of any State, or fails to take the measures necessary to 
prevent significant deterioration.
    On July 16, 1973 (38 FR 18986), we \1\ proposed several alternative 
plans for prevention of significant deterioration. On December 5, 1974 
(39 FR 42510), we promulgated the Federal PSD program, 40 CFR 52.21. 
These regulations established a Federal program under section 101(b)(1) 
of the 1970 Clean Air Act (CAA) to conduct preconstruction review of 
specified source categories where State agencies fail to provide for 
prevention of significant deterioration of air quality. This final 
action also disapproved all State plans as lacking procedures or 
regulations for preventing significant deterioration of air quality and 
incorporated the Federal PSD regulations by reference into all State 
plans. Specifically, it incorporated the provisions of Sec.  52.21 by 
reference into the SIP's in subparts B through DDD of part 52. (See 39 
FR 42514 concerning Sec.  52.21(a), plan disapproval.)
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    \1\ In this preamble the term ``we'' refers to EPA and the term 
``you'' refers to major stationary sources of air pollution and 
their owners and operators. All other entities are referred to by 
their respective names (for example, reviewing authorities).
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    On June 19, 1978 (43 FR 26388), we amended our PSD regulations to 
implement the new requirements of the Clean Air Act Amendments of 1977 
(Pub. L. 95-95). These regulations built on the previous ones, but 
provided a more comprehensive program pursuant to part C (sections 160-
165) of title I, which was added in the 1977 CAA Amendments. The 1977 
CAA Amendments also added the statutory requirement that the PSD 
program be implemented through SIP's submitted pursuant to CAA section 
110. Our final rules in 1978 also amended Sec.  52.21 to incorporate 
all of the new requirements of CAA sections 160-165 into the Federal 
PSD program. This final rule contained the same language concerning 
plan disapprovals that is contained in Sec.  52.21(a)(1) as promulgated 
on December 31, 2002.

    Section 52.21(a) Plan disapproval. The provisions of this 
section are applicable to any State implementation plan which has 
been disapproved with respect to prevention of significant 
deterioration of air quality in any portion of any State where the 
existing air quality is better than the national ambient air quality 
standards. Specific disapprovals are listed where applicable in 
subparts B through DDD of this part. The provisions of this section 
have been incorporated by reference into the applicable 
implementation plans for various States, as provided in subparts B 
through DDD of this part. Where this section is so incorporated, the 
provisions shall also be applicable to all lands owned by the 
Federal government and Indian reservations located in such State. No 
disapproval with respect to a State's failure to prevent significant 
deterioration of air quality shall invalidate or otherwise affect 
the obligation of States, emission sources, or other persons with 
respect to all portions of these plans approved or promulgated under 
this part (46 FR 26403).

    The 1978 final rule also incorporated section 52.21 by reference 
into the SIP's for 54 programs (50 States, Puerto Rico, Virgin Islands, 
American Samoa, and Guam) as follows:

    (a) The requirements of sections 160 through 165 of the Clean 
Air Act are not met, since the plan does not include approvable 
procedures for preventing the significant deterioration of air 
quality.
    (b) The provisions of section 52.21 (b) through (v) are hereby 
incorporated and made part of the applicable State plan for the 
State of -------- (see 43 FR 26410).

    On August 7, 1980 (43 FR 52676), we amended our PSD regulations in 
response to the decision by the U.S. Court of Appeals for the D.C. 
Circuit in Alabama Power Company v. Costle, 636 F.2d 323 (D.C.Cir. 
1979). In addition to revising the PSD rules to respond to the court, 
this final rule disapproved a number of SIP's for PSD purposes and 
incorporated Sec.  52.21 by reference into the implementation plans for 
those States. It also contained the same language concerning plan 
disapprovals that is contained in the newly promulgated provisions at 
Sec.  52.21(a)(1), as well as the same language concerning 
incorporation by reference in the relevant State-specific subparts of 
part 52 (see 45 FR 52741).

B. Revisions to Part 52

    We proposed revisions to the nonattainment new source review (NSR) 
and PSD rules in a notice published in the Federal Register on July 23, 
1996 (61 FR 38250). That Federal Register notice proposed a number of 
changes to our existing major NSR and PSD requirements. (Please refer 
to the outline of that proposed rulemaking for a list of changes that 
were proposed to our existing regulations.) Following the 1996 
proposal, we held two public hearings and more than 50 stakeholder 
meetings. Environmental groups, industry, and State, local, and Federal 
agency representatives participated in these many discussions on all 
aspects of the proposed rules. On July 24, 1998, we published a notice 
of availability (NOA)

[[Page 11318]]

at 63 FR 39857 to solicit further comment on three specific aspects of 
the proposed revisions: Determining baseline emissions, actual-to-
future-actual methodology (later renamed as the actual-to-projected-
actual test), and PAL's. More than 400 letters from the public were 
received concerning the proposal and the NOA and can be found in Docket 
A-90-37. On December 31, 2002 (67 FR 80186), we published notice of 
final action on several of the changes that were proposed in 1996 and 
noticed in 1998: Baseline emissions determinations, the actual-to-
projected-actual methodology, actual PAL's, clean Units, and PCP's.
    Today, we are taking final action on one of the aspects of the 1996 
proposal that was not included in our December 31 final regulations and 
which is necessary to ensure implementation of those final rules. 
Specifically, we are finalizing our proposal that PSD applicability 
changes would also be included in the part 52 regulations governing 
Federal permitting programs in those jurisdictions that lack a SIP-
approved PSD program. In our 1996 proposal (61 FR 38252), we listed 
five proposed changes to NSR applicability: (1) Clean units, (2) 
baseline emissions, (3) PCP's, (4) PAL's, and (5) the actual-to-future-
actual test (renamed as the actual-to-projected-actual test). In that 
proposal, we specifically noted that we were proposing these changes 
for the part 52 Federal PSD program as well.

    The EPA also proposes to include these applicability approaches 
in the part 52 regulations governing Federal permitting programs (61 
FR 38253).

The part 52 regulations governing Federal permitting programs include 
the Federal PSD rule at 40 CFR 52.21, as well as the various sections 
of subparts C through DDD of part 52 that incorporate the Federal 
permitting program by reference for those jurisdictions where EPA has 
promulgated a federal implementation plan (FIP) because there is no 
SIP-approved PSD program in those jurisdictions. (See, for example, 
Sec.  52.632, which incorporates Sec.  52.21 by reference into the 
State plan for the State of Hawaii.) Although we received a limited 
number of comments regarding whether States with approved PSD programs 
in their SIPs should be required to adopt the five applicability 
provisions, we received no comments on whether the five applicability 
provisions should be adopted in those jurisdictions where EPA has 
promulgated a FIP because there is no SIP-approved PSD program in those 
jurisdictions. This lack of comment is not surprising since we did not 
propose to change our longstanding procedures concerning incorporation 
by reference of Sec.  52.21 as a FIP for those jurisdictions where 
there is no SIP-approved PSD permitting program. Public comments 
concerning specific changes to the provisions in Sec.  52.21 subpart A 
were addressed in our December 31, 2002 Federal Register notice and 
accompanying Technical Support Document. The opportunity for judicial 
review of specific changes to subpart A has also been provided as part 
of that rulemaking. (See 67 FR 80244.)
    As of December 31, 2002, a number of State and local agencies did 
not have approved PSD programs in their SIPs. Instead, as described 
above, EPA promulgated the Federal PSD program in those jurisdictions 
through regulatory provisions in 40 CFR part 52, subparts C through 
DDD. In most of those jurisdictions, the State or local agency 
administers the federal PSD program pursuant to a delegation of 
authority under Sec.  52.21 (u). When finalizing the new applicability 
provisions that we proposed in 1996, however, the relevant parts of 
Sec.  52.21 were extended from Sec.  52.21(b) through (w) to Sec.  
52.21(a)(2) and (b) through (bb). Therefore, today's final regulations 
incorporate by reference the new Sec.  52.21(a)(2) and (b) through (bb) 
into the applicable implementation plan for those jurisdictions that 
currently do not have approved PSD programs. With this final action, we 
are not approving or disapproving the PSD programs for any State, 
local, or Tribal agencies. Instead, we are updating the FIP's, using 
the same language that we have used at each major revision to the PSD 
rules, to reflect the fact that all of the relevant provisions of the 
new Sec.  52.21 now apply.
    No tribal government currently has an approved tribal 
implementation plan (TIP) under the CAA to implement the PSD program. 
The Federal Government is currently the PSD reviewing authority in 
Indian Country. Pursuant to Sec.  52.21(a)(1), the provisions of Sec.  
52.21 are applicable to all lands owned by the Federal Government and 
Indian Reservations located in each State. Therefore, we are 
incorporating the Federal PSD Program contained in Sec.  52.21 by 
reference into implementation plans where the requirements of CAA 160-
165 are not met for federally designated Indian lands. By this final 
action, we are not changing the authority for implementing and 
enforcing the Federal PSD permitting program for any sources located in 
Indian Country. This incorporation by reference only applies to those 
sections of subparts B through DDD of part 52 that currently 
incorporate the Federal PSD program for Indian lands.

C. Effective Date for Today's Final Action

    Today's final regulations are effective on March 3, 2003. This is 
consistent with the March 3, 2003 effective date for the changes to the 
Federal PSD program in Sec.  52.21 that were promulgated on December 
31, 2002. (See 67 FR 80240.)

II. Statutory and Executive Order Reviews

A. Executive Order12866--Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities.
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency.
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof.
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that this rule is not a significant regulatory action and 
therefore it was not submitted to OMB for review.

B. Paperwork Reduction Act

    The information collection requirements for the revisions to the 
major NSR rules at Sec. Sec.  51.165, 51.166, and 52.21 (67 FR 80243) 
will be contained in two different information collection requests 
(ICR's).
    The OMB has approved the information collection requirements under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
and has assigned OMB control number 2060-0003 (ICR 1230.10). The EPA 
prepared an ICR document (ICR No. 1230.10) extending the approval of 
the

[[Page 11319]]

ICR for the promulgated NSR regulations on March 30, 2001. On October 
29, 2001, OMB approved EPA's request for extension for 3 years until 
October 31, 2004. The OMB number for this approval is 2060-0003.
    In addition to the existing ICR, the information collection 
requirements in the final rules on December 31, 2002 (67 FR 80243), 
have been submitted for approval to OMB under the requirements of the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An ICR document has 
been prepared by EPA (ICR No. 2074.01), and a copy may be obtained from 
Susan Auby, U.S. Environmental Protection Agency, Office of 
Environmental Information, Collection Strategies Division (2822T), 1200 
Pennsylvania Avenue, NW., Washington, DC 20460-0001, by e-mail at 
[email protected], or by calling (202) 566-1672. A copy may also be 
downloaded off the Internet at http://www.epa.gov/icr. The information 
requirements included in ICR No. 2074.01 are not effective until OMB 
approves them.
    The information that ICR No. 2074.01 covers is required for the 
submittal of complete permit applications for the construction or 
modification of all major new stationary sources of pollutants in 
attainment and nonattainment areas, as well as for applicable minor 
stationary sources of pollutants. This information collection is 
necessary for the proper performance of EPA's functions, has practical 
utility, and is not unnecessarily duplicative of information we 
otherwise can reasonably access. We have reduced, to the extent 
practicable and appropriate, the burden on persons providing the 
information to or for EPA.
    According to ICR No. 2074.01, as a result of the rule changes on 
December 31, 2002, the total 3-year burden change of the revised 
collection is estimated at about 219,741 hours at a total cost of $7.7 
million. The annual burden change to industry is about 64,287 hours at 
a cost of $2.2 million. The annual burden change to reviewing agencies 
is about 8,960 hours at a cost of $331,520. The total annual respondent 
change is 73,247 hours for a total respondent change in cost of $2.6 
million. These cost changes are based upon 62 PSD and 123 NSR 
nonutility sources (185 total); and 85 PSD and 169 NSR (254 total) 
sources, including utilities. For the number of respondent reviewing 
authorities, the analysis uses the 112 reviewing authorities count used 
by other permitting ICR's for the one-time tasks (for example, SIP 
revisions) and the appropriate source count for individual permit-
related items (for example, attending pre-application meetings with the 
source). There is only one Federal source listed in the ICR.
    Based on the burden assessed in ICR No. 2074.01, we estimate there 
is no burden for today's final rule. The result of today's final rules 
is to incorporate provisions that were promulgated on December 31, 2002 
(67 FR 80186) into the SIP's and no additional burden on reviewing 
authorities or regulated entities is incurred as a result of today's 
final rules.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purpose of responding to the information 
collection; adjust existing ways to comply with any previously 
applicable instructions and requirements; train personnel to respond to 
a collection of information; search existing data sources; complete and 
review the collection of information; and transmit or otherwise 
disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. We will 
continue to present OMB control numbers in a consolidated table format 
to be codified in 40 CFR part 9 of the Agency's regulations, and in 
each CFR volume containing EPA regulations. The table lists the section 
numbers with reporting and recordkeeping requirements, and the current 
OMB control numbers. This listing of the OMB control numbers and their 
subsequent codification in the CFR satisfy the requirements of the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and OMB's implementing 
regulations at 5 CFR part 1320.

C. Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this final rule. The 
EPA has also determined that this rule will not have a significant 
economic impact on a substantial number of small entities. For purposes 
of assessing the impacts of today's rule on small entities, small 
entity is defined as: (1) Any small business employing fewer than 500 
employees; (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district, or special district with a 
population of less than 50,000; or (3) a small organization that is any 
not-for-profit enterprise that is independently owned and operated and 
is not dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, we have concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
In determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the proposed rule on small entities'' (5 U.S.C. 603 
and 604). Thus, an agency may conclude that a rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule relieves regulatory burden, or otherwise has a positive 
economic effect, on all of the small entities subject to the rule.
    A Regulatory Flexibility Act Screening Analysis, developed as part 
of a 1994 draft Regulatory Impact Analysis (RIA) and incorporated into 
the September 1995 ICR renewal analysis, showed that the changes to the 
NSR program due to the 1990 CAA Amendments would not have an adverse 
impact on small entities. This analysis encompassed the entire universe 
of applicable major sources that were likely to also be small 
businesses (approximately 50 ``small business'' major sources). Because 
the administrative burden of the NSR program is the primary source of 
the NSR program's regulatory costs, the analysis estimated a negligible 
``cost to sales'' (regulatory cost divided by the business category 
mean revenue) ratio for this source group. Currently, and as reported 
in the current ICR, there is no economic basis for a different 
conclusion.
    We believe these rule changes will reduce the regulatory burden 
associated with the major NSR program for all sources, including all 
small businesses, by improving the operational flexibility of owners 
and operators, improving the clarity of requirements, and providing 
alternatives that sources may take advantage of to further improve 
their operational flexibility. As a result, the program changes 
provided in the final rule are not expected to result in any

[[Page 11320]]

increases in expenditure by any small entity.
    We have therefore concluded that today's final rule will relieve 
regulatory burden for all small entities.

D. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation as to why 
that alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan.
    The plan must provide for notifying potentially affected small 
governments, enabling officials of affected small governments to have 
meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements.
    We have determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or the private 
sector in any 1 year. There is no burden for State, local, and tribal 
agencies in order for this rule to be included in the SIP, as this 
final action directly incorporates the changes into the SIP. Moreover, 
these revisions will ultimately provide greater operational flexibility 
to sources permitted by the States, which will in turn reduce the 
overall burden of the program on State and local authorities by 
reducing the number of required permit modifications. In addition, we 
believe the rule changes will actually reduce the regulatory burden 
associated with the major NSR program by improving the operational 
flexibility of owners and operators, improving the clarity of 
requirements, and providing alternatives that sources may take 
advantage of to further improve their operational flexibility. Thus, 
today's rule is not subject to the requirements of sections 202 and 205 
of the UMRA.
    For the same reasons stated above, we have determined that this 
rule contains no regulatory requirements that might significantly or 
uniquely affect small governments. Thus, today's rule is not subject to 
the requirements of section 203 of the UMRA.

E. Executive Order 13132--Federalism

    Executive Order 13132, entitled ``federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This final rule does not have federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. We do not expect this final rule 
to result in expenditures by the States. Today's final rules only apply 
in States that have been delegated the authority to implement the 
Federal PSD rules. Therefore, reviewing authorities will not incur a 
burden to revise their SIP's. Moreover, these revisions provide greater 
operational flexibility to sources permitted by the States, which will 
in turn reduce the overall burden of the program on State and local 
authorities by reducing the number of required permit modifications. 
Thus, Executive Order 13132 does not apply to this rule. Nevertheless, 
in the spirit of Executive Order 13132, and consistent with EPA policy 
to promote communications between EPA and State and local governments, 
we specifically solicited comment on the proposed rule from State and 
local officials.

F. Executive Order 13175--Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' We believe that this final 
rule does not have tribal implications as specified in Executive Order 
13175. Thus, Executive Order 13175 does not apply to this rule.
    The EPA began considering potential revisions to the NSR rules in 
the early 1990's and proposed changes in 1996. The purpose of today's 
final rule is to add greater flexibility to the existing major NSR 
regulations. These changes will benefit both reviewing authorities and 
the regulated community by providing increased certainty as to when the 
requirements apply, and by providing alternative ways to comply with 
the requirements. Taken as a whole, today's final rule should result in 
no added burden or compliance costs and should not substantially change 
the level of environmental performance achieved under the previous 
rules.
    No tribal government currently has an approved tribal 
implementation plan (TIP) under the CAA to implement the NSR program. 
The Federal government is currently the NSR reviewing authority in 
Indian country, thus tribal governments should not experience added 
burden, nor should their laws be affected with respect to 
implementation of this rule. Additionally, although major stationary 
sources affected by today's final rule could be located in or near 
Indian country and/or be owned or operated by tribal governments, such 
sources would not incur additional costs or compliance burdens as a 
result of this rule. Instead, the only effect on such sources should be 
the benefit of the added certainty and flexibility provided by the 
rule.
    We recognize the importance of including tribal consultation as 
part of the rulemaking process. Although we did not include specific 
consultation with tribal officials as part of our outreach process on 
this final rule, which was developed largely prior to issuance of 
Executive Order 13175 and which does not have tribal implications under 
Executive Order 13175, we will continue to consult with tribes on 
future rulemakings to assess and address tribal

[[Page 11321]]

implications, and will work with tribes interested in seeking TIP 
approval to implement the NSR program to ensure consistency of tribal 
plans with this rule.

G. Executive Order 13045--Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), applies to any rule that: (1) Is determined to be ``economically 
significant'' as defined under Executive Order 12866; and (2) concerns 
an environmental health or safety risk that EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children, and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    This final rule is not subject to the Executive Order because it is 
not economically significant as defined in Executive Order 12866, and 
because the Agency does not have reason to believe the environmental 
health or safety risks addressed by this action present a 
disproportionate risk to children because we believe that this package 
as a whole will result in equal or better environmental protection than 
currently provided by the existing regulations, and do so in a more 
streamlined and effective manner.

H. Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not a ``significant energy action'' as defined in 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Today's 
rule improves the ability of sources to undertake pollution prevention 
or energy efficiency projects, switch to less polluting fuels or raw 
materials, maintain the reliability of production facilities, and 
effectively utilize and improve existing capacity. The rule also 
includes a number of provisions to streamline administrative and 
permitting processes so that facilities can quickly accommodate changes 
in supply and demand. The regulations provide several alternatives that 
are specifically designed to reduce administrative burden for sources 
that use pollution prevention or energy efficient projects.

I. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Pub. L. 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical.
    Voluntary consensus standards are technical standards (for example, 
materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by voluntary 
consensus standards bodies. The NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency decides not to use available 
and applicable voluntary consensus standards.
    This action does not involve technical standards. This final rule 
does not create new requirements but, rather, revises an existing 
permitting program by providing a series of program options that 
affected facilities may choose to adopt. These options will reduce the 
regulatory burden associated with the major NSR program by improving 
the operational flexibility of owners and operators, improving the 
clarity of requirements, and providing alternatives that sources may 
take advantage of to further improve their operational flexibility. 
Therefore, EPA did not consider the use of any voluntary consensus 
standards.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The 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 United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). Therefore, this rule will be effective on March 3, 2003.

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practices and procedures, 
Air pollution control, Best available control technology, Baseline 
emissions, Carbon monoxide, Clean units, Federal implementation Plans, 
Hydrocarbons, Intergovernmental relations, Lowest achievable emission 
rate, Lead, Major modifications, Nitrogen oxides, Ozone, Particular 
matter, Plantwide applicability limitations, Pollution control 
projects, State implementation plans, Sulfur oxides.

    Dated: February 28, 2003.
Christine Todd Whitman,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I 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, et seq.

Subpart C--[Amended]

    2. Section 52.96 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.96  Significant deterioration of air quality.

* * * * *
    (b) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for Indian reservations since the plan does not include 
approvable procedures for preventing the significant deterioration of 
air quality on Indian reservations and, therefore, the provisions of 
Sec.  52.21(a)(2) and (b) through (bb) are hereby incorporated and made 
part of the applicable reservation in the State of Alaska.

Subpart D--[Amended]

    3. Section 52.144 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.144  Significant deterioration of air quality.

* * * * *
    (b) Regulation for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
the State of Arizona for that portion applicable to the Pima County 
Health Department and the Maricopa County Department of Health Services 
and sources locating on Indian lands.

[[Page 11322]]

Subpart E--[Amended]

    4. Section 52.181 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.181  Significant deterioration of air quality.

* * * * *
    (b) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for federally designated Indian lands. Therefore, the 
provisions of Sec.  52.21(a)(2) and (b) through (bb) are hereby 
incorporated by reference and made a part of the applicable 
implementation plan and are applicable to sources located on land under 
the control of Indian governing bodies.

Subpart F--[Amended]

    5. Section 52.270 is amended by revising paragraphs (a)(3), (b)(1) 
introductory text, (b)(2) introductory text, (b)(3) introductory text, 
and (b)(4) introductory text to read as follows.


Sec.  52.270  Significant deterioration of air quality.

    (a) * * *
    (3) The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
the State of California.
    (b) * * *
    (1) The PSD rules for Sacramento County Air Pollution Control 
District are approved under Part C, Subpart 1, of the Clean Air Act. 
However, EPA is retaining authority to apply Sec.  52.21 in certain 
cases. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
therefore incorporated and made a part of the State plan for California 
for the Sacramento County Air Pollution Control District for:
* * * * *
    (2) The PSD rules for North Coast Unified Air Quality Management 
District are approved under Part C, Subpart 1, of the Clean Air Act. 
However, EPA is retaining authority to apply Sec.  52.21 in certain 
cases. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
therefore incorporated and made a part of the State plan for California 
for the North Coast Unified Air Quality Management District for:
* * * * *
    (3) The PSD rules for Mendocino County Air Pollution Control 
District are approved under Part C, Subpart 1, of the Clean Air Act. 
However, EPA is retaining authority to apply Sec.  52.21 in certain 
cases. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
therefore incorporated and made a part of the State plan for California 
for the Mendocino County Air Pollution Control District for:
* * * * *
    (4) The PSD rules for Northern Sonoma County Air Pollution Control 
District are approved under Part C, Subpart 1, of the Clean Air Act. 
However, EPA is retaining authority to apply Sec.  52.21 in certain 
cases. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
therefore incorporated and made a part of the State plan for California 
for the Northern Sonoma County Air Pollution Control District for:
* * * * *

Subpart G--[Amended]

    6. Section 52.343 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.343  Significant deterioration of air quality.

* * * * *
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
the State of Colorado for the sources identified in paragraph (a) of 
this section as not meeting the requirements of sections 160-165 of the 
Clean Air Act.
* * * * *

Subpart H--[Amended]

    7. Section 52.382 is amended by revising paragraph (b) to read as 
follows.
* * * * *
    (b) The increments for nitrogen dioxide and related requirements 
promulgated on October 17, 1988 (53 FR 40671), and amended on December 
31, 2002 (67 FR 80186) to 40 CFR 52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made part of the applicable State 
implementation plan for the State of Connecticut.

Subpart J--[Amended]

    8. Section 52.499 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.499  Significant deterioration of air quality.

* * * * *
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
the District of Columbia.

Subpart K--[Amended]

    9. Section 52.530 is amended by revising paragraph (d) introductory 
text to read as follows.


Sec.  52.530  Significant deterioration of air quality.

* * * * *
    (d) The requirements of sections 160 through 165 of the Clean Air 
Act are not met since the Florida plan, as submitted, does not apply to 
certain sources. Therefore, the provisions of Sec.  52.21(a)(2) and (b) 
through (bb) are hereby incorporated by reference and made a part of 
the Florida plan for:
* * * * *

Subpart M--[Amended]

    10. Section 52.632 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.632  Significant deterioration of air quality.

* * * * *
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
the State of Hawaii.

Subpart N--[Amended]

    11. Section 52.683 is amended by revising paragraphs (b) and (c) to 
read as follows.


Sec.  52.683  Significant deterioration of air quality.

* * * * *
    (b) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for Indian reservations since the plan does not include 
approvable procedures for preventing significant deterioration of air 
quality on Indian reservations. Therefore, the provisions of Sec.  
52.21(a)(2) and (b) through (bb) are hereby incorporated and made part 
of the applicable plan for Indian reservations in the State of Idaho.
    (c) The requirements of section 165 of the Clean Air Act are not 
met for sources subject to prevention of significant deterioration 
requirements prior to August 22, 1986, the effective date of EPA's 
approval of the rules cited in paragraph (a) of this section. 
Therefore, the provisions of Sec.  52.21(a)(2), (b), (c), (d), and (h) 
through (bb) are hereby incorporated and made part of the applicable 
plan for sources subject to Sec.  52.21 prior to August 22, 1986.

[[Page 11323]]

Subpart O--[Amended]

    12. Section 52.738 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.738  Significant deterioration of air quality.

* * * * *
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
the State of Illinois.
* * * * *

Subpart P--[Amended]

    13. Section 52.793 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.793  Significant deterioration of air quality.

* * * * *
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable state plan for 
the State of Indiana.
* * * * *

Subpart Q--[Amended]

    14. Section 52.833 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.833  Significant deterioration of air quality.

* * * * *
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
the State of Iowa for sources wishing to locate on Indian lands; 
sources constructed under permits issued by EPA; and certain sources as 
identified in Iowa's April 22, 1987, letter.

Subpart T--[Amended]

    15. Section 52.986 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.986  Significant deterioration of air quality.

* * * * *
    (b) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for federally designated Indian lands since the plan 
(specifically LAC: 33:III:509.A.1) excludes all federally recognized 
Indian lands from the provisions of this regulation. Therefore, the 
provisions of Sec.  52.21(a)(2) and (b) through (bb) are hereby 
incorporated by reference and made a part of the applicable 
implementation plan, and are applicable to sources located on land 
under the control of Indian governing bodies.

Subpart W--[Amended]

    16. Section 52.1165 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.1165  Significant deterioration of air quality.

* * * * *
    (b) Regulation for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
the State of Massachusetts.

Subpart X--[Amended]

    17. Section 52.1180 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.1180  Significant deterioration of air quality.

* * * * *
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
the State of Michigan.
* * * * *

Subpart Y--[Amended]

    18. Section 52.1234 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.1234  Significant deterioration of air quality.

* * * * *
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
the State of Minnesota.
* * * * *

Subpart BB--[Amended]

    19. Section 52.1382 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.1382  Prevention of significant deterioration of air quality.

* * * * *
    (b) Regulation for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated by reference and made a part of the Montana State 
implementation plan and are applicable to proposed major stationary 
sources or major modifications to be located on Indian Reservations.
* * * * *

Subpart CC--[Amended]

    20. Section 52.1436 is amended by revising the introductory text to 
read as follows.


Sec.  52.1436  Significant deterioration of air quality.

    The requirements of sections 160 through 165 of the Clean Air Act 
are met except as noted below. The EPA is retaining Sec.  52.21(a)(2) 
and (b) through (bb) as part of the Nebraska SIP for the following 
types of sources:
* * * * *

Subpart DD--[Amended]

    21. Section 52.1485 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.1485  Significant deterioration of air quality.

* * * * *
    (b) Regulation for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
incorporated and made a part of the applicable State plan for the State 
of Nevada except for that portion applicable to the Clark County Health 
District.
* * * * *

Subpart FF--[Amended]

    22. Section 52.1603 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.1603  Significant deterioration of air quality.

* * * * *
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
the State of New Jersey.

Subpart GG--[Amended]

    23. Section 52.1634 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.1634  Significant deterioration of air quality.

* * * * *
    (b) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for federally designated Indian lands. Therefore, the 
provisions of Sec.  52.21 (a)(2) and (b) through (bb) are hereby 
incorporated by reference and made a part of the applicable 
implementation plan, and are applicable to sources located on land 
under the control of Indian governing bodies.
* * * * *

[[Page 11324]]

Subpart HH--[Amended]

    24. Section 52.1689 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.1689  Significant deterioration of air quality.

* * * * *
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable state plan for 
the State of New York.

Subpart JJ--[Amended]

    25. Section 52.1829 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.1829  Prevention of significant deterioration of air quality.

* * * * *
    (b) Regulation for preventing of significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated by reference and made a part of the North Dakota 
State implementation plan and are applicable to proposed major 
stationary sources or major modifications to be located on Indian 
Reservations.

Subpart LL--[Amended]

    26. Section 52.1929 is amended by revising paragraph (a) 
introductory text to read as follows.


Sec.  52.1929  Significant deterioration of air quality.

    (a) Regulation for preventing significant deterioration of air 
quality. The Oklahoma plan, as submitted, does not apply to certain 
sources in the State. Therefore the provisions of Sec.  52.21(a)(2) and 
(b) through (bb) are hereby incorporated by reference, made part of the 
Oklahoma State implementation plan and are applicable to the following 
major stationary sources or major modifications:
* * * * *

Subpart MM--[Amended]

    27. Section 52.1987 is amended by revising paragraph (c) to read as 
follows.


Sec.  52.1987  Significant deterioration of air quality.

* * * * *
    (c) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for Indian reservations since the plan does not include 
approvable procedures for preventing the significant deterioration of 
air quality on Indian reservations and, therefore, the provisions of 
Sec.  52.21(a)(2) and (b) through (bb) are hereby incorporated and made 
part of the applicable plan for Indian reservations in the State of 
Oregon.

Subpart QQ--[Amended]

    28. Section 52.2178 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.2178  Significant deterioration of air quality.

* * * * *
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
the State of South Dakota.
* * * * *

Subpart RR--[Amended]

    29. Section 52.2233 is amended by revising paragraph (b) 
introductory text to read as follows.


Sec.  52.2233  Significant deterioration of air quality.

* * * * *
    (b) The requirements of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated by reference and made part of the applicable SIP 
for the State of Tennessee for the following purposes:
* * * * *

Subpart SS--[Amended]

    30. Section 52.2303 is amended by revising paragraphs (c) and (d) 
to read as follows.


Sec.  52.2303  Significant deterioration of air quality.

* * * * *
    (c) The requirements of section 160 through 165 of the Clean Air 
Act are not met for federally designated Indian lands. Therefore, the 
provisions of Sec.  52.21(a)(2) and (b) through (bb) are hereby adopted 
and made a part of the applicable implementation plan and are 
applicable to sources located on land under the control of Indian 
governing bodies.
    (d) The requirements of section 160 through 165 of the Clean Air 
Act are not met for new major sources or major modifications to 
existing stationary sources for which applicability determinations 
would be affected by dockside emissions of vessels. Therefore, the 
provisions of Sec.  52.21(a)(2) and (b) through (bb) are hereby adopted 
and made a part of the applicable implementation plan and are 
applicable to such sources.

Subpart TT--[Amended]

    31. Section 52.2346 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.2346  Significant deterioration of air quality.

* * * * *
    (b) Regulation for prevention of significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated by reference and made a part of the Utah State 
implementation plan and are applicable to proposed major stationary 
sources or major modifications to be located on Indian Reservations.
* * * * *

Subpart WW--[Amended]

    32. Section 52.2497 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.2497  Significant deterioration of air quality.

* * * * *
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
the State of Washington.
* * * * *

Subpart YY--[Amended]

    33. Section 52.2581 is amended by revising paragraph (e) to read as 
follows.


Sec.  52.2581  Significant deterioration of air quality.

* * * * *
    (e) Regulations for the prevention of the significant deterioration 
of air quality. The provisions of Sec.  52.21(a)(2) and (b) through 
(bb) are hereby incorporated and made a part of the applicable State 
plan for the State of Wisconsin for sources wishing to locate in Indian 
country; and sources constructed under permits issued by EPA.

Subpart ZZ--[Amended]

    34. Section 52.2630 is amended by revising paragraph (b) 
introductory text to read as follows.


Sec.  52.2630  Prevention of significant deterioration of air quality.

* * * * *
    (b) Regulation for preventing significant deterioration of air 
quality. The Wyoming plan, as submitted does not apply to certain 
sources in the State. Therefore, the provisions of Sec.  52.21(a)(2) 
and (b) through (bb) are hereby incorporated by reference and made a 
part of the State implementation plan

[[Page 11325]]

for the State of Wyoming and are applicable to the following proposed 
major stationary sources or major modifications:
* * * * *

Subpart AAA--[Amended]

    35. Section 52.2676 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.2676  Significant deterioration of air quality.

* * * * *
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
the State of Guam.

Subpart BBB--[Amended]

    36. Section 52.2729 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.2729  Significant deterioration of air quality.

* * * * *
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
the State of Puerto Rico.

Subpart CCC--[Amended]

    37. Section 52.2779 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.2779  Significant deterioration of air quality.

* * * * *
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
the Virgin Islands.

Subpart DDD--[Amended]

    38. Section 52.2827 is amended by revising paragraph (b) to read as 
follows.


Sec.  52.2827  Significant deterioration of air quality.

* * * * *
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable State plan for 
American Samoa.

[FR Doc. 03-5470 Filed 3-7-03; 8:45 am]
BILLING CODE 6560-50-P