[Federal Register Volume 69, Number 160 (Thursday, August 19, 2004)]
[Proposed Rules]
[Pages 51404-51405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18935]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RME Docket Number R08-OAR-2004- UT-0002; FRL-7791-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Utah; Revisions to New Source Review Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to take direct final action approving a State 
Implementation Plan (SIP) revision submitted by the State of Utah on 
November 9, 2001, and September 16, 2003. The revisions incorporate new

[[Page 51405]]

and revise existing definitions in the State's New Source Review (NSR) 
rules. The revisions update the State's NSR rules so that they are 
consistent with the revisions EPA made to its NSR rules on July 21, 
1992. These revisions were referred to as the WEPCO rule (for the 
Wisconsin Electric Power Company court ruling). In the July 1992 
action, EPA adopted a broad NSR exclusion for utility pollution control 
projects and an ``actual to future actual'' methodology for determining 
whether all other non-routine physical or operational changes at 
utilities (other than the replacement of a unit or addition of a new 
unit) are subject to NSR, and modified its regulations to reflect 
changes made by Congress in the 1990 Amendments to the Clean Air Act to 
the applicability of new source requirements to clean coal technology 
(CCT) and repowering projects, and to ``very clean'' units. The purpose 
of this action is to make the changes to the State's rule federally 
enforceable. This action is being taken under section 110 of the Clean 
Air Act. In the ``Rules and Regulations'' section of this Federal 
Register, EPA is approving the State's SIP revision as a direct final 
rule without prior proposal because the Agency views this as a 
noncontroversial SIP revision and anticipates no adverse comments. A 
detailed rationale for the approval is set forth in the preamble to the 
direct final rule. If EPA receives no adverse comments, EPA will not 
take further action on this proposed rule. If EPA receives adverse 
comments, EPA will withdraw the direct final rule and it will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on this proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. Please note that if EPA receives 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 an adverse comment.

DATES: Written comments must be received on or before September 20, 
2004.

ADDRESSES: Submit your comments, identified by RME Docket Number R08-
OAR-2004-UT-0002, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web site: http://docket.epa.gov/rmepub/index.jsp. 
Regional Materials in EDOCKET (RME), EPA's electronic public docket and 
comment system for regional actions, is EPA's preferred method for 
receiving comments. Follow the on-line instructions for submitting 
comments.
     E-mail: [email protected] and [email protected].
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Richard R. Long, Director, Air and Radiation 
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 300, Denver, Colorado 80202-2466.
     Hand Delivery: Richard R. Long, Director, Air and 
Radiation Program, Environmental Protection Agency, Region 8, Mailcode 
8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202-2466. Such 
deliveries are only accepted Monday through Friday, 8 a.m. to 4:55 
p.m., excluding Federal holidays. Special arrangements should be made 
for deliveries of boxed information.
    Please see the direct final rule which is located in the rules 
section of this Federal Register for detailed instructions on how to 
submit comments.

FOR FURTHER INFORMATION CONTACT: Carl Daly, Air & Radiation Program, 
Mailcode 8P-AR, EPA, Region 8, 999 18th Street, Suite 300, Denver, 
Colorado 80202-2466, (303) 312-6446, [email protected].

SUPPLEMENTARY INFORMATION: See the information provided in the Direct 
Final action of the same title which is located in the rules and 
regulations section of this Federal Register.

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

    Dated: July 14, 2004.
Max H. Dodson,
Acting Regional Administrator, Region 8.
[FR Doc. 04-18935 Filed 8-18-04; 8:45 am]
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