[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Proposed Rules]
[Pages 54602-54605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21611]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2012-0300; FRL-9900-66-Region8]
Approval and Promulgation of State Implementation Plans; Utah:
Prevention of Significant Deterioration; Greenhouse Gas Permitting
Authority and Tailoring Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to partially approve and partially disapprove
revisions to the Utah State Implementation Plan (SIP) relating to
regulation of Greenhouse Gases (GHGs) under Utah's Prevention of
Significant Deterioration (PSD) program and other SIP provisions. These
revisions were submitted to EPA on April 14, 2011 by the Governor. The
GHG-related SIP revisions are designed to align Utah's regulations with
the GHG emission thresholds established in EPA's ``PSD and Title V
Greenhouse Gas Tailoring Final Rule,'' which EPA issued by notice dated
June 3, 2010. In today's action, EPA is proposing to approve the GHG
(as it relates to the PSD program) revisions because the Agency has
determined that this SIP revision, which is already adopted by Utah as
a final effective rule, is in accordance with the Clean Air Act (CAA or
Act) and EPA regulations regarding PSD permitting for GHGs.
DATES: Comments must be received on or before September 26, 2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2012-0300, by one of the following methods:
www.regulations.gov. Follow the on-line instructions for
submitting comments.
Email: [email protected].
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Carl Daly, Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop St.,
Denver, Colorado 80202-1129.
Hand Delivery: Carl Daly, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop St., Denver, Colorado 80202-1129. Such deliveries are only
accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding
Federal holidays. Special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2011-0300. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an anonymous access system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA, without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm. For additional
instructions on submitting comments, go to Section I. General
Information of the SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop St.,
Denver, Colorado 80202-1129. EPA requests that if at all possible, you
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section to view the hard copy of the docket. You may view the hard copy
of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, Mailcode
8P-AR, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
St., Denver, Colorado 80202-1129, (303) 312-7814,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.
Table of Contents
I. What action is EPA taking in this proposed rule?
II. Background for Our Proposed Action
III. Utah's Actions
IV. EPA's Analysis of Utah's Proposed SIP Revisions
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. What action is EPA taking in this proposed rule?
In a letter dated April 14, 2011, the Governor of Utah submitted a
request to EPA to approve revisions to the State's SIP and Title V
program to incorporate recent rule amendments adopted by the Utah Air
Quality Board on December 1, 2010. These adopted rules became effective
in the Utah Administrative Code on January 1, 2011. These amendments
establish thresholds for GHG emissions in Utah's PSD and Title V
regulations at the same emissions thresholds and in the same time-
frames as those specified by EPA in the ``PSD
[[Page 54603]]
and Title V Greenhouse Gas Tailoring; Final Rule'' (75 FR 31514 (June
3, 2010)), hereinafter referred to as the ``Tailoring Rule,'' ensuring
that smaller GHG sources emitting less than these thresholds will not
be subject to permitting requirements for GHGs that they emit. The
requested amendments to the SIP will clarify the applicable thresholds
in the Utah SIP, address the flaw discussed in the ``Limitation of
Approval of Prevention of Significant Deterioration Provisions
Concerning Greenhouse Gas Emitting-Sources in State Implementation
Plans Final Rule,'' 75 FR 82536 (December 30, 2010) (the ``PSD SIP
Narrowing Rule''), and incorporate state rule changes adopted at the
state level into the federally-approved SIP.
We are proposing to approve amendments to the following rules:
R307-405-3 (Permits: Major Sources in Attainment or Unclassified Areas
(PSD), Definitions); and R307-401-9 (Permit: New and Modified Sources,
Small Source Exemption). We are not acting on the changes to R307-415-3
(Permits: Operating Permit Requirements, Definitions) and related
definitions in R307-405-3 in this notice because approval of Title V
program revisions is handled separately and because Title V is not part
of the SIP. Additionally, consistent with our June 12, 2013 proposal
(78 FR 35181), we are proposing to disapprove the changes to the
following: R307-401-7 (Public Notice), which was effective in the Utah
Administrative Code on December 1, 2010; and change to R307-401-9(b)
and portions of (c) (Small Source Exemption), which were effective in
the Utah Administrative Code on January 1, 2011. Finally, consistent
with our final action on July 15, 2011 (76 FR 41712), we are proposing
to disapprove R307-405-3(2)(a)(i) because it defines ``Minor Source
Baseline Date'' in a manner inconsistent with the federal definition
found at 40 CFR 52.21(b)(14).
II. Background for Our Proposed Action
Clean Air Act (CAA) section 110(a)(2)(C) requires states to develop
and submit to EPA for approval into the state SIP preconstruction
review and permitting programs applicable to certain new and modified
stationary sources of air pollutants. There are three separate
programs: Prevention of Significant Deterioration (PSD), Nonattainment
New Source Review (NNSR), and Minor NSR. The PSD program is established
in part C of title I of the CAA and applies in areas that meet the
National Ambient Air Quality Standards (NAAQS)--``attainment areas''--
as well as areas where there is insufficient information to determine
if the area meets the NAAQS--``unclassifiable areas.'' The NNSR program
is established in part D of title I of the CAA and applies in areas
that are not in attainment of the NAAQS--``nonattainment areas.'' The
Minor NSR program (1) addresses construction or modification activities
that do not emit, or have the potential to emit, beyond certain major
source thresholds and thus do not qualify as ``major'' and (2) applies
regardless of the designation of the area in which a source is located.
EPA regulations governing the criteria that states must satisfy for EPA
approval of the NSR programs as part of the SIP are contained in 40 CFR
51.160--51.166.
PSD is implemented through the SIP system. In December 2010, EPA
promulgated several rules to implement the new GHG PSD SIP program.
Recognizing that some states had approved SIP PSD programs that did not
apply PSD to GHGs, EPA issued a SIP Call and, for some of these states,
a Federal Implementation Plan (FIP).\1\ Recognizing that other states
had approved SIP PSD programs that do apply PSD to GHGs, but that do so
for sources that emit as little as 100 or 250 tons per year (tpy) of
GHG, and that do not limit PSD applicability to GHGs to the higher
thresholds in the Tailoring Rule, EPA issued the PSD SIP Narrowing
Rule. Under that rule, EPA converted its previous full approval of the
affected SIPs to a partial approval and partial disapproval, including
Utah's, to the extent those SIPs covered GHG-emitting sources below the
Tailoring Rule thresholds. EPA based its action primarily on the
``error correction'' provisions of CAA section 110(k)(6). Many of those
states have since submitted SIP revisions that have established the
Tailoring Rule thresholds, and EPA has approved those SIP revisions and
rescinded partial disapprovals.
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\1\ Specifically, by action dated December 13, 2010, EPA
finalized a ``SIP Call'' that would require those states with SIPs
that have approved PSD programs but do not authorize PSD permitting
for GHGs to submit a SIP revision providing such authority. ``Action
To Ensure Authority To Issue Permits Under the Prevention of
Significant Deterioration Program to Sources of Greenhouse Gas
Emissions: Finding of Substantial Inadequacy and SIP Call,'' 75 FR
77698 (December 13, 2010). EPA made findings of failure to submit in
some states which were unable to submit the required SIP revision by
their deadlines, and finalized FIPs for such states. See, e.g.
``Action To Ensure Authority To Issue Permits Under the Prevention
of Significant Deterioration Program to Sources of Greenhouse Gas
Emissions: Finding of Failure To Submit State Implementation Plan
Revisions Required for Greenhouse Gases,'' 75 FR 81874 (December 29,
2010); ``Action To Ensure Authority To Issue Permits Under the
Prevention of Significant Deterioration Program to Sources of
Greenhouse Gas Emissions: Federal Implementation Plan,'' 75 FR 82246
(December 30, 2010). Because Utah's SIP already authorizes Utah to
regulate GHGs once GHGs became subject to PSD requirements on
January 2, 2011, Utah is not subject to the SIP Call or FIP.
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III. Utah's Actions
On April 14, 2011, Utah submitted a letter to EPA, in accordance
with a request to all states from EPA in the Tailoring Rule, with
confirmation that the State of Utah has the authority to regulate GHGs
in its PSD program. The letter also confirmed Utah's intent to amend
its air quality rules for the PSD program for GHGs to match the
thresholds set in the Tailoring Rule. See the docket for this proposed
rulemaking for a copy of Utah's letter. Utah has a current SIP-approved
PSD program, and has most recently been approved by EPA to incorporate
the 2002 NSR Reform revisions for PSD into its SIP. See 76 FR 41712
(July 15, 2011). As described in our July 15, 2011 notice of approval
(with the exceptions noted in that notice and, as applicable, also
explained in this notice), Utah's PSD program at that date met the
general requirements of CAA section 110(a)(2)(C).
In the PSD SIP Narrowing Rule, published on December 30, 2010, EPA
withdrew its approval of Utah's SIP (among other states' SIPs) to the
extent that the SIP applies PSD permitting requirements to GHG
emissions from sources emitting at levels below those set in the
Tailoring Rule.\2\ As a result, Utah's current approved SIP provides
the state with authority to regulate GHGs, but only at and above the
Tailoring Rule thresholds; and requires new and modified sources to
receive a federal PSD permit based on GHG emissions only if they emit
or have potential to emit at or above the Tailoring Rule thresholds.
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\2\ ``Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources
in State Implementation Plans; Final Rule.'' 75 FR 82536 (December
30, 2010).
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The basis for proposing approval of this SIP revision is that
limiting PSD applicability to GHG sources with the higher thresholds in
the Tailoring Rule is consistent with the SIP provisions that require
assurances of adequate resources. This revision addresses the flaw in
the Utah SIP that led to the PSD SIP Narrowing Rule. Specifically, CAA
section 110(a)(2)(E) includes as a requirement for SIP approval that
states provide ``necessary assurances that the state . . . will have
adequate personnel [and] funding . . . to carry out such [SIP].'' In
the Tailoring Rule, EPA
[[Page 54604]]
established higher thresholds for PSD applicability to GHG-emitting
sources, in part, because the states generally did not have adequate
resources to apply PSD to GHG-emitting sources below the Tailoring Rule
thresholds,\3\ and no state, including Utah, asserted that it did have
adequate resources to do so.\4\ In the PSD SIP Narrowing Rule, EPA
found that the affected states, including Utah, had a flaw in their SIP
at the time they submitted their PSD programs, which was that the
applicability of the PSD programs was potentially broader than the
resources available to them under their SIP.\5\ Accordingly, for each
affected state, including Utah, EPA concluded that EPA's action in
approving the SIP was in error, under CAA section 110(k)(6), and EPA
rescinded its approval to the extent the PSD program applies to GHG-
emitting sources below the Tailoring Rule thresholds.\6\ EPA
recommended that states adopt a SIP revision to incorporate the
Tailoring Rule thresholds, thereby (i) assuring that under state law,
only sources at or above the Tailoring Rule thresholds would be subject
to PSD; and (ii) avoiding confusion under the federally approved SIP by
clarifying that the SIP applies only to sources at or above the
Tailoring Rule thresholds.\7\
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\3\ Tailoring Rule, 75 FR at 31517.
\4\ PSD SIP Narrowing Rule, 75 FR at 82540.
\5\ Id. at 82542.
\6\ Id. at 82544.
\7\ Id. at 82540.
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Utah's April 14, 2011, SIP submission establishes thresholds for
determining which stationary sources and modification projects become
subject to permitting requirements for GHG emissions under Utah's PSD
program. Specifically, the SIP revision includes changes--which are
already effective in Utah's Administrative Code--revising R307-405-3
and R307-415-3 to incorporate changes to Title 40 of the Code of
Federal Regulations that address GHG emissions from stationary sources,
required by the May 13, 2010 EPA final rule. The amendments to R307-
401-9 exclude sources from the requirement to obtain an Approval Order
if their GHG emissions are below the thresholds established by EPA.
The changes to Utah's PSD program regulations are substantively the
same as the federal provisions amended in EPA's Tailoring Rule.
IV. EPA's Analysis of Utah's Proposed SIP Revisions
Utah has adopted and submitted regulations that are substantively
similar to the federal requirements for the permitting of GHG-emitting
sources subject to PSD. We propose to conclude that the revisions are
consistent with the requirements of 40 CFR 51.166, in particular
requirements set out in EPA's final GHG Tailoring Rule, and that the
revisions should be approved into Utah's SIP.
R307-401-9 (Small Source Exemption), was revised to exclude sources
from the requirement to obtain an approval order if their GHG emissions
are below the thresholds established by EPA, and adopted into the State
rules (R307-401-9(5)). Therefore, preconstruction permits for GHGs are
only required under the PSD permitting program, thus exempting minor
sources from GHG permitting.
R307-405-3 (Definitions), was revised to amend the definition of
``subject to regulation'' to include ``greenhouse gases (GHGs)'' as
defined in 40 CFR 86.1818-12(a). R307-405-3 was modified to establish
thresholds for permitting of GHGs under the PSD program. Definitions
for the terms ``GHGs'', ``emissions increase'' and ``tpy CO2
equivalent emissions (CO2e)'', were added to this rule.
Applicability thresholds for several different types of permitting
scenarios were also added. Therefore, we are proposing to approve the
state's additions to R307-405-3(9) as they are consistent with the
federal rule provisions in 40 CFR 51.166(b)(48).
We are proposing to approve R307-405-3(2)(e). This is a new rule
that is not currently in the SIP. The rule explains that ``certain
definitions or portions of definitions that apply to the equipment
repair and replacement provisions are not incorporated into the SIP
because these provisions were vacated by the D.C. Circuit Court of
Appeals''. We are proposing to approve this rule as it is consistent
with the federal definitions.
We are also proposing to approve R307-405-3(2)(f). This is a new
rule and makes changes to the definition of ``Regulated NSR Pollutant''
in 40 CFR 52.21(b)(50). We are proposing to approve this rule, as the
State's rule is consistent with the federal definition, which is now at
40 CFR 52.21(b)(49) and 40 CFR 51.166(b)(49).
There are six provisions in the R307-405-3 in the State submittal
that are identical in rule number and language to the definitions we
approved in our July 15, 2011 approval (76 FR 41712) and we are
proposing to approve these definitions as resubmitted. These provisions
include: R307-405-3(1) (adopting by reference the definitions in 40 CFR
52.21(b) with exceptions as noted in the rules); R307-405-3(2)(c)
(definition of ``Reviewing Authority''); R307-405-3(2)(d) (definition
of ``Administrator''); R307-405-3(4) (definition of ``Heat Input'');
R307-405-3(7) (definition of ``Good Engineering Practice''); R307-405-
3(8) (definition of ``Dispersion Technique'');
There are two definitions in the State submittal where the
definition is the same as in the current SIP, but the current submittal
contains a new rule number. We are proposing to approve the following
definitions and rule numbers: R307-405-3(2)(a)(ii) (definition of
``Minor Source Baseline Date''), which is located in the current SIP at
R307-405-3(3)(a)(ii); and R307-405-3(3) /(definition of ``Air Quality
Related Values''), which is located in the current SIP at R307-405-
3(2).
We are not acting on rule provisions related to the Title V
program. There are two specific definitions we are not acting on: R307-
405-3(5) (definition of ``Title V Permit'') and R307-405-3(6)
(definition of ``Title V Operating Permit Program''). The State also
submitted R307-415-3 (all the definitions for the Operating Permit
Program). We are not acting on these definitions in this notice because
approval of the Title V program revisions is handled separately and
Title V is not part of the SIP.
Additionally, consistent with our June 12, 2013 proposal (78 FR
35181), we are proposing to disapprove the State's submittal of R307-
401-7 (Permit: New and Modified Sources, Public Notice), which was
effective in the Utah Administrative Code on December 1, 2010.\8\
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\8\ As we explained in our June 12, 2013 notice, R307-401-7
revised Utah's public notice procedures to allow for a 10-day public
comment period for an approval or disapproval order issued under
R307-401-8. The rule allows for the public comment period to be
increased to 30 days under certain conditions. We note that the
public comment period for an approval or disapproval order currently
in Utah's federally approved SIP is 30 days. (See R307-1-3.1.3)
Federal regulations for Public Availability of Information found at
40 CFR 51.161(b)(2) require at a minimum a 30-day public comment
period for the permitting of a source, including minor source
permits. In addition, the 30-day comment period is important to
allow adequate opportunity for comment by other affected states,
federal agencies, and the public.
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Also consistent with our June 2013 proposal we are proposing to
partially approve and partially disapprove R307-401-9 (Permit: New and
Modified Sources, Small Source Exemption). We are proposing to approve
R307-401-9(5), which excludes sources whose GHG emission are below
established EPA thresholds for GHG from the requirement to obtain an
Approval Order. However, we are proposing to disapprove paragraph (b)
and the portions of paragraph (c) that reference paragraph (b). We are
proposing to
[[Page 54605]]
disapprove R307-401-9(b) and the phrase ``or (b)'' in paragraph (c)
because EPA lacks authority in an action on a SIP revision under CAA
section 110 to approve provisions addressing hazardous air pollutants.
Thus we are proposing to disapprove these specific provisions.
Finally, consistent with our final action on July 15, 2011 (76 FR
41712), we are proposing to disapprove R307-405-3(2)(a)(i) because it
defines ``Minor Source Baseline Date'' in a manner inconsistent with
the federal definition found at 40 CFR 52.21(b)(14).\9\
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\9\ As we explained in our 2011 notice, ``Utah has adopted a
specific definition of ``Major Source Baseline Date,'' found at
R307-405-3(3)(a)(i), in its revised PSD rule. This definition
deviates from the definition found in 40 CFR 52.21(b)(14) and the
corresponding requirement for state PSD programs at 51.166(b)(14).
Utah's definition specifies that the major source baseline date for
particulate matter 10 microns in diameter or less (PM[10]) is the
``date that EPA approves the PM[10] maintenance plan that was
adopted by the Board on July 6, 2005'' for Davis, Salt Lake, Utah,
and Weber Counties. The requirement for State programs at 40 CFR
51.166(b)(14) specifies January 6, 1975 as the major source baseline
date for particulate matter, and the current EPA-approved SIP for
Utah also specifies January 6, 1975 as the major source baseline
date for PM-10 for the entire State (refer to Utah's SIP-approved
rule R307-101-2 ``Definitions''). EPA is not aware of any authority
for it to approve into a SIP a different major source baseline date
other than January 6, 1975. Further, we note there is no provision
in the CAA for using a different date if an area was in a legally
designated non-attainment status on January 6, 1975. EPA is taking
final action to disapprove Utah's definition of ``Major Source
Baseline Date,'' and therefore, the current federally-approved
definition found in R307-101-2 would continue to apply as a
federally enforceable provision in lieu of the State-adopted
version.'' 76 FR 41716
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V. Proposed Action
Pursuant to section 110 of the CAA, EPA is proposing to approve
Utah's April 14, 2011 revisions to the Utah SIP, relating to PSD
requirements for GHG-emitting sources. Specifically, Utah's proposed
SIP revisions establishes appropriate emission thresholds for
determining PSD applicability to new and modified GHG-emitting sources
in accordance with EPA's Tailoring Rule. EPA has made the preliminary
determination that these rules that are included in the SIP submittal
are approvable because they are in accordance with the CAA and EPA
regulations regarding PSD permitting for GHGs.
We are proposing to approve changes to the following rules: R307-
401-9(5) (Small Source Exemption), R307-405-3(9) (Definitions), R307-
405-3(2)(e) and R307-405-3(2)(f). We are proposing to approve the
following definitions and new rule numbers: R307-405-3(2)(a)(ii)
(definition of ``Minor Source Baseline Date''), which is located in the
current SIP at R307-405-3(3)(a)(ii); and R307-405-3(3) (definition of
``Air Quality Related Values''), which is located in the current SIP at
R307-405-3(2).
For the reasons stated above, we are proposing to disapprove the
State's submittal of R307-401-7 (New and Modified Sources, Public
Notice), R307-401-9(b) and the phrase ``or (b)'' in paragraph (c)
(Small Source Exemption, exemption for certain hazardous air pollutant
sources), and R307-405-3(2)(a)(i) (Definition of ``Major Source
Baseline Date'').
Finally, as stated above, we are not acting on rule provisions
related to the Title V program because Title V is not part of the SIP
(R307-405-3(5) (definition of ``Title V Permit'', R307-405-3(6)
(definition of ``Title V Operating Permit Program''), R307-415-3
(Operating Permit Requirements, Definitions).
Once EPA finalizes approval of Utah's changes to its air quality
regulations to incorporate appropriate thresholds for GHG permitting
applicability into Utah's SIP, section 52.2323 of 40 CFR part 52, added
in EPA's PSD SIP Narrowing Rule to codify the limitation of its
approval of Utah's PSD SIP to exclude the applicability of PSD to GHG-
emitting sources below the Tailoring Rule thresholds, will no longer be
necessary. In this action, EPA is also proposing to amend section
52.2323 of 40 CFR part 52 to remove this unnecessary regulatory
language.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves some state law as meeting federal
requirements and disapproves other state law because it does not meet
federal requirements; this proposed action does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999); is not an
economically significant regulatory action based on health or safety
risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and,
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, and Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 28, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2013-21611 Filed 9-4-13; 8:45 am]
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