[Federal Register Volume 68, Number 79 (Thursday, April 24, 2003)]
[Rules and Regulations]
[Pages 20070-20072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10066]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OR-03-004a and ID-03-001a; FRL-7487-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final action to amend the State 
implementation plans (SIPs) for Idaho and Oregon concerning the PSD 
program mandated by part C of title I of the Clean Air Act (CAA or 
Act). The amendments clarify that the newly published provisions of the 
Federal PSD rule are incorporated into the applicable implementation 
plans for Indian Country in Idaho and Oregon. The amendments also 
clarify that the newly published provisions of the Federal PSD rule are 
incorporated into the applicable implementation plan for other sources 
in Idaho that were permitted under the Federal PSD program prior to 
August

[[Page 20071]]

22, 1986, the effective date of EPA's approval of Idaho's PSD program 
as part of the Idaho SIP.

DATES: This direct final rule will be effective on June 23, 2003 
without further notice, unless EPA receives relevant adverse comment by 
May 27, 2003. If relevant adverse comments are received, EPA will 
publish a timely withdrawal of the direct final rule in the Federal 
Register informing the public that the rule will not take effect.

ADDRESSES: Written comments should be addressed to: Connie Robinson, 
EPA, Office of Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, 
Washington 98101. Copies of information relevant to this action are 
available for inspection during normal business hours at the following 
location: EPA, Region 10, Office of Air Quality (OAQ-107), 1200 Sixth 
Avenue, Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Connie Robinson, (206) 553-1086.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA. Please note that if EPA 
receives relevant adverse comment on an amendment, paragraph or section 
of this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of a relevant adverse comment.

I. What Action Is EPA Taking?

    On December 31, 2002, EPA published in the Federal Register (67 FR 
80186) revisions to the Federal PSD rule in 40 CFR 52.21 that 
incorporate new applicability provisions for baseline emissions 
determinations, actual-to-projected-actual methodology, plantwide 
applicability limitations, clean units, and pollution control projects. 
In finalizing these new applicability provisions, the relevant parts of 
the Federal PSD rule, 40 CFR part 52.21, were extended from 52.21(b) 
through (w) to 52.21(a)(2) and (b) through (bb). The revisions to the 
Federal PSD rule became effective on March 3, 2003. On March 10, 2003, 
EPA published in the Federal Register revisions to the applicable 
implementation plans that apply in States or parts of States that do 
not have an approvable PSD SIP in place, and in Indian Country. The 
purpose of that action, which became effective on March 3, 2003, was to 
incorporate into the Federal implementation plan portion of SIPs the 
revisions to the Federal PSD rule that became effective on March 3, 
2003. (See 68 FR 11316, March 10, 2003.) In revising the applicable 
implementation plans for these areas, the references to the Federal PSD 
rule were changed from 40 CFR 52.21(b) through (w) to 40 CFR 
52.21(a)(2) and (b) through (bb).
    During this same period, EPA published in the Federal Register 
revisions to the SIPs for Idaho and Oregon. Both SIP revisions included 
revisions to the PSD programs for those States and stated that the 
Federal PSD rule, rather than the State PSD rules, would continue to 
apply in Indian Country in those States and, in the case of Idaho, 
would continue to apply to other sources in Idaho that were permitted 
under the Federal PSD program prior to August 22, 1986 for the purpose 
of administering the EPA-issued permits.\1\ The SIP revision for Idaho 
was published on January 16, 2003, and became effective on February 18, 
2003. (See 68 FR 2217.) The SIP revision for Oregon was published on 
January 22, 2003 (68 FR 2891), in a direct final rulemaking and became 
final on March 24, 2003, because no comments were received during the 
public comment period on the proposal. In promulgating the applicable 
implementation plan for Indian Country in both the Idaho and Oregon SIP 
actions and, in the case of Idaho, for other sources that were subject 
to the Federal PSD program prior to August 22, 1986, EPA incorporated 
by reference the relevant provisions of the Federal PSD rule in effect 
prior to March 3, 2003, rather than the Federal PSD rule published on 
December 31, 2002, and effective March 3, 2003.
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    \1\ August 22, 1986 is the effective date of EPA's initial 
approval of Idaho's PSD program as part of the Idaho SIP.
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    In the case of Idaho, EPA's action on March 10, 2003, incorporated 
the newly published provisions of the Federal PSD rule as part of the 
applicable implementation plan for Indian Country in Idaho and with 
respect to other sources in Idaho that were subject to the Federal PSD 
program prior to August 22, 1986. See 68 FR 2217. The March 10, 2003 
action, however, inadvertently failed to include minor changes to the 
language in 40 CFR 52.683(b) and (c) that EPA had made in the Idaho SIP 
revision that became effective on February 18, 2003, because the 
changes effective on February 18, 2003 had not yet been codified in the 
Code of Federal Regulations. In this action, EPA is amending the 
language in 40 CFR 52.683(b) and (c), as published on March 10, 2003, 
and effective on March 3, 2003, to include the minor changes to those 
provisions that became effective on February 18, 2003.
    In the case of Oregon, EPA's action on March 10,2003 (68 FR 2891), 
which incorporated the newly published provisions of the Federal PSD 
rule as part of the applicable implementation plan for Indian Country 
in Oregon into 40 CFR 52.1987(c), was amended by the revision to the 
Oregon SIP that was published before the March 10, 2003, action but 
became effective after that date. Therefore, the reference to relevant 
provisions of the Federal PSD rule in 40 CFR 52.1987(c) was erroneously 
changed back to 40 CFR 52.21(b) through (w) and therefore no longer 
incorporates EPA's recent revisions to the Federal PSD rule. Therefore, 
EPA is amending the language in 40 CFR 52.1987(c) to refer to the 
Federal PSD rule published on December 31, 2002, and effective March 3, 
2003, that is 40 CFR 52.21(a)(2) and (b) through (bb).

II. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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). The 
Administrator certifies that this 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.). This rule 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 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 does not alter the relationship 
or the distribution of power and responsibilities established in the 
Clean Air Act. This rule also is not subject to Executive

[[Page 20072]]

Order 13045 ``Protection of Children from Environmental Health Risks 
and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not 
economically significant.
    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 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.).
    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. EPA will submit 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 23, 2003. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practices and procedures, 
Air pollution control, Carbon monoxide, Hydrocarbons, Intergovernmental 
relations, Lead, Nitrogen oxides, Ozone, Particular matter, Sulfur 
oxides.

    Dated: April 16, 2003.
L. John Iani,
Regional Administrator, Region 10.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart N--Idaho

0
2. 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 title 1, part C, subpart 1 of the Clean Air 
Act are not met for Indian country in Idaho because Idaho has not 
demonstrated authority to implement and enforce under the Clean Air Act 
Idaho State rules in Indian country. 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 country in the State of Idaho.
    (c) The requirements of section 165 of the Clean Air Act are not 
met for sources permitted under the prevention of significant 
deterioration requirements prior to August 22, 1986, the effective date 
of EPA's original approval of Idaho's prevention of significant 
deterioration regulations. 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 permitted 
under Sec.  52.21 prior to August 22, 1986 for the purpose of 
administering the EPA-issued permits.

Subpart MM--Oregon

0
3. 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 title 1, part C, subpart 1 of the Clean Air 
Act are not met for Indian country in Oregon because Oregon has not 
demonstrated authority to implement and enforce under the Clean Air Act 
Oregon State rules in Indian country. 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 country in the State of Oregon.

[FR Doc. 03-10066 Filed 4-23-03; 8:45 am]
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