[Federal Register Volume 68, Number 57 (Tuesday, March 25, 2003)]
[Proposed Rules]
[Pages 14379-14382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7055]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SIP No. UT-001-0048, UT-001-0049; FRL-7472-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Utah; SIP Renumbering

AGENCY: Environmental Protection Agency (EPA).

[[Page 14380]]


ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) 
revisions submitted by the Governor of Utah on June 27, 1994 and April 
28, 2000. EPA is also proposing to approve Supplemental Administrative 
Documentation submitted on December 31, 2002. The June 27, 1994 
submittal revises the numbering and format of Utah's State 
Implementation Plan (SIP). The April 28, 2000 submittal contains non-
substantive changes to correct minor errors in the June 27, 1994 
submittal. The December 31, 2002 submittal also contains non-
substantive changes to the June 27, 1994 submittal. The intended effect 
of this action is to make these provisions federally enforceable. In 
addition, we will be acting on parts of these submittals at a later 
date. This action is being taken under section 110 of the Clean Air 
Act.

DATES: Written comments must be received on or before April 24, 2003.

ADDRESSES: Written comments may be mailed to Richard R. Long, Director, 
Air and Radiation Program, Mailcode 8P-AR, Environmental Protection 
Agency (EPA), Region 8, 999 18th Street, Suite 300, Denver, Colorado 
80202. Copies of the documents relevant to this action are available 
for public inspection during normal business hours at the Air and 
Radiation Program, Environmental Protection Agency, Region 8, 999 18th 
Street, Suite 300, Denver, Colorado 80202. Copies of the State 
documents relevant to this action are available for public inspection 
at the Utah Department of Environmental Quality, Division of Air 
Quality, 150 North 1950 West, Salt Lake City, Utah 84114.

FOR FURTHER INFORMATION CONTACT: Laurel Dygowski, EPA, Region 8, (303) 
312-6144.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or 
``our'' is used means EPA.

I. Evaluation of State's June 27, 1994, April 28, 2000 and December 31, 
2002 Submittals

    In this document we are proposing to approve two SIP revisions 
submitted by the Governor of Utah on June 27, 1994 and April 28, 2000. 
Also, we are proposing to approve Supplemental Administrative 
Documentation submitted by the State on December 31, 2002. The June 27, 
1994 submittal revises the numbering and format of Utah's SIP. The 
renumbering of the Utah SIP allows for a consistent numbering system. 
The April 28, 2000 and December 31, 2002 submittals contain non-
substantive changes to correct minor errors in the June 27, 1994 
submittal. In addition, on October 3, 2002, the State submitted a 
letter from Richard W. Sprott, Director, Division of Air Quality, 
correcting other non-substantive changes to the June 27, 1994 
submittal. The October 3, 2002 letter was submitted to address 
typographical errors and missing pages in the January 27, 1994 
submittal.
    In this notice, we are putting sections of the SIP into categories 
based on the action we are taking on that section of the SIP. The first 
category contains sections that have been renumbered and contain no 
substantive changes to the text of the section. We are proposing to 
approve these sections into the SIP. The second category includes 
sections of the SIP that have been renumbered and that we are proposing 
to take no action on because they have never been approved into the SIP 
or they have been superceded by later submittals that have been 
approved into the SIP. The third category consists of sections on which 
we propose to take action on in a separate notice.

A. Category 1

    Based on the June 27, 1994, April 28, 2000 and December 31, 2002 
submittals, we are proposing to approve the following sections of the 
Utah SIP because they have only been renumbered and contain no 
substantive changes to the text of the rule. We are proposing that the 
following renumbered SIP sections replace the prior numbered SIP 
sections in the federally approved SIP along with any nonsubstantive 
changes: Section I--Legal Authority; Section II--Review of New and 
Modified Air Pollution Sources; Section III--Source Surveillance; 
Section IV; Section V--Resources; Section VI--Intergovernmental 
Relations; Section VII--Prevention of Air Pollution Emergency Episodes; 
Section VIII--Prevention of Significant Deterioration; Section IX--
Control Measures for Area and Point Sources (except for Part A, Part D 
and Part H); Section XI--Appendix 1; Section XI--Appendix 2; Section 
XII--Involvement; Section XIII--Analysis of Plan Impact; Section XIV--
Emission Inventory Development; Section XV--Title 19, Chapter 2 Utah 
Code Annotated, 1993; Section XVI--Public Notification; Section XVII--
Visibility Protection; Section XVIII--Demonstration of GEP Stack 
Height; and Section XIX--Small Business Assistance Program.
    The following table cross references the renumbered and prior 
numbered SIP sections. The table identifies the renumbered SIP sections 
we are proposing to approve as replacing the prior numbered SIP 
sections.

                        State Implementation Plan
                    [Table of Corresponding Sections]
------------------------------------------------------------------------
                                    Renumbered SIP    Prior numbered SIP
              Title                     Section             Section
------------------------------------------------------------------------
Legal Authority.................  Section I.........  Section 1.
Review of New and Modified Air    Section II........  Section 2.
 Pollution Sources.
Source Surveillance.............  Section III.......  Section 3.
Ambient Air Monitoring Program..  Section IV........  Section 4.
Resources.......................  Section V.........  Section 5.
Intergovernmental Cooperation...  Section VI........  Section 6.
Prevention of Air Pollution       Section VII.......  Section 7.
 Emergency Episodes.
Prevention of Significant         Section VIII......  Section 8.
 Deterioration.
Control Measures for Area and     Section IX........  Section 9.
 Point Sources.
    Sulfur Dioxide..............  Part B............  Part B.
    Carbon Monoxide.............  Part C............  Part C.
    Nitrogen Dioxide............  Part E............  Part E.
    Lead........................  Part F............  Part F.
    Fluoride....................  Part G............  Part G.
Mountainlands Association of      XI, App. 1........  Section 9, App. A.
 Governments.
Wasatch Front Regional Council..  XI, App. 2........  Section 9, App. B.
Involvement.....................  Section XII.......  Section 10.

[[Page 14381]]

 
    July 27, 1978 contract: Utah  XII, App. 1.......  Exhibit 10.1a.
     Dept. of Social Services
     and Mountainlands Assoc. of
     Govt.
    July 21, 1978 contract: Utah  XII, App. 2.......  Exhibit 10.1b.
     Dept. of Social Services
     and Wasatch Front Regional
     Council.
Analysis of Plan Impact.........  Section XIII......  Section 11.
Comprehensive Emission Inventory  Section XIV.......  Section 12.
Utah Code Title 19, Chapter 2...  Section XV........  Section 13.
Public Notification.............  Section XVI.......  Section 14.
Visibility Protection...........  Section XVII......  Section 15.
Demonstration of GEP Stack        Section XVIII.....  Section 16.
 Height.
Small Business Assistance         Section XIX.......  Section 17.
 Program.
------------------------------------------------------------------------

B. Category 2

    Category 2 consists of sections that we are proposing to take no 
action on because the sections have never been approved into the SIP or 
the sections have been superceded by later submittals that EPA has 
already approved into the SIP.
1. Section XX--Committal SIP
    Section XX has never been approved into the SIP. Section XX 
committed the State to adopt certain measures to control ozone, but the 
committal SIP is irrelevant since the State subsequently submitted the 
Utah Ozone Maintenance Plan and the EPA approved it at (July 17, 1997, 
62 FR 38213). Additionally, on June 17, 1998, the State submitted a SIP 
revision requesting the repeal of the Committal SIP. In a Federal 
Register notice, the EPA states that it will not take any action on 
repeal of the Committal SIP since it was never approved into the SIP 
(May 20, 2002, 67 FR 35442).
2. Sections That Have Been Superceded
    Since the State's June 27, 1994 submittal, the State has made 
changes to portions of the SIP which EPA has approved. Since we have 
already approved these provisions, the approved sections supercede the 
June 27, 1994 submittal. The sections that we are proposing to take no 
action on because they supercede the June 27, 1994 submittal and have 
already been approved into the SIP are Section IX, Part D (approved on 
July 17, 1997, 62 FR 38213); Section X (approved on July 17, 1997, 62 
FR 38213 and September 12, 2002, 67 FR 57744); and Section XI (approved 
on June 14, 2000, 65 FR 37286). However, we are approving Appendix 1 
and Appendix 2 for Section XI, as stated above.

C. Category 3

    Category 3 consists of those sections that we will act on at a 
later date.
1. January 27, 1994 Submittal
    EPA will be acting on Section IX, Parts A and H at a later time due 
to the fact that there have been submittals that supercede these parts. 
EPA will act on Section IX, Parts A and H when it acts on the 
subsequent submittals related to these parts.\1\
---------------------------------------------------------------------------

    \1\ The January 27, 1994 submittal contain references to Section 
IX Part A and Section IX Part H. We are not acting on Section IX 
Part A or Section IX Part H at this time. We are interpreting that 
when the State refers to Section IX Part A in its SIP, it is 
referring to Section 9.A of the prior numbered SIP, and when the 
State refers to Section IX Part H in its SIP, it is referring to 
Section 9.A, Appendix A, A1 and A2 of the prior numbered SIP, except 
for parts of Section IX, Part A and Part H that were approved into 
the SIP subsequent to the January 27, 1994 submittal (see 67 FR 
78181, December 23, 2002).
---------------------------------------------------------------------------

2. April 28, 2000 Submittal
    The April 28, 2000 submittal contains non-substantive changes to 
Section IX, Parts A and H. Since we are not acting on Section IX, Parts 
A and H in this notice, we will act on the April 28, 2000 non-
substantive changes to Section IX, Parts A and H at a later date. The 
April 28, 2000 submittal also contains revisions to Utah's rules for 
definitions and inventories which we will be acting on in a separate 
action.
3. December 31, 2002 Submittal
    The December 31, 2002 submittal contains non-substantive changes to 
Section IX, Parts A and H. Since we are not acting on Section IX, Parts 
A and H in this action, we will act on the December 31, 2002 non-
substantive changes to Section IX, Parts A and H at a later date. The 
December 31, 2002 submittal also contains non-substantive changes to 
Section IX, Parts C.1-C.6. The non-substantive changes to Section IX, 
Parts C.1-C.6 are based on SIP changes that the EPA has not approved. 
We are proposing to act on the non-substantive changes to Section IX, 
Parts C.1-C.6 at a later time.

D. Category--Other

1. December 31, 2002 Submittal
    We are proposing to approve the non-substantive changes contained 
in the December 31, 2002 submittal to Section IX, Part C.7 and C.8, 
Section IX, Part D, Section XXI and Section XXII. SIP Section IX, Part 
C.7 and Part C.8, Section IX, Part D, Section XXI and Section XXII were 
not part of the January 27, 1994 submittal but were new sections 
adopted and approved subsequent to the January 27, 1994 submittal. 
These changes differ from the sections in I.B.2 of this notice that we 
are proposing to take no action on. Sections in I.B.2 were included as 
part of the January 27, 1994 submittal, but were replaced by subsequent 
approved SIP submittals.

II. Proposed Action

    Based on the June 27, 1994, April 28, 2000 and December 31, 2002 
submittals, we are proposing to approve the following sections of the 
Utah SIP because they have only been renumbered and contain no 
substantive changes to the text of the rule. We are proposing that the 
following renumbered SIP sections replace the prior numbered SIP 
sections in the federally approved SIP along with any non-substantive 
changes: Section I, Section II, Section III, Section IV, Section V and 
Section VI, effective 11/12/93; Section VII, effective 11/12/93, except 
VII.D, effective January 1, 2003; Section VIII, effective January 1, 
2003; Section IX, Part B, effective 11/12/93, except the title and 
IX.B.3.d, effective 2/25/2000, and IX.B.3.a, IX.B.3.e, and IX.B.4, 
effective January 1, 2003; Section IX, Part C, effective 11/12/93, 
except the title, effective 2/25/2000; Section IX, Parts E, F and G, 
effective 11/12/93, except the titles, effective 2/25/2000; Section XI, 
Appendix 1 and Appendix 2, effective 11/12/93; Section XII and Section 
XIII, effective 11/12/93; Section

[[Page 14382]]

XIV, effective 11/12/93, except Table XIV.9, effective 2/25/2000; 
Section XV and Section XVI, effective 11/12/93; Section XVII, effective 
11/12/93, except XVII.A, XVII.D and XVII.E, effective 2/25/2000; 
Section XVIII, effective 11/12/93, except XVIII.B, effective 2/25/2000; 
and Section XIX, effective 11/12/93.
    We are also proposing to approve non-substantive changes to Section 
IX, Part C.7 and C.8, Section IX, Part D, Section XXI and Section XXII, 
effective January 1, 2003.
    In addition, we are taking no action on certain portions of the 
submittals because they have never been part of the SIP or they have 
been superceded by other submittals approved by the EPA into the SIP. 
The portions of the submittals that we are taking no action on are 
Section XX, Section IX, Part D, Section X and Section XI.
    Also, we will propose to take action on portions of the submittals 
in separate notices. We propose to take action on Section IX, Part A 
and Part H and non-substantive changes to Section IX, Parts C.1-C.6 in 
separate notices.
    EPA is soliciting public comments on the issues discussed in this 
document or on other relevant matters. These comments will be 
considered before taking final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to the EPA Regional office listed in the ADDRESSES section of 
this document.

III. Statutory and Executive Order Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Public Law 104-4).
    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This action also does not 
have Federalism implications because it does 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 (64 FR 43255, August 10, 1999). This action 
merely proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 13, 2003.
Kerrigan G. Clough,
Deputy Regional Administrator, Region 8.
[FR Doc. 03-7055 Filed 3-24-03; 8:45 am]
BILLING CODE 6560-50-P