Daily Rules, Proposed Rules, and Notices of the Federal Government
Throughout this document wherever “we” or “our” is used means EPA.
The Act requires States to observe certain procedural requirements in developing implementation plans and plan revisions for submission to EPA. Section 110(a)(2) of the Act provides that each implementation plan admitted by a State must be adopted after reasonable notice and public hearing. Section 110(1) of the Act similarly provides that each revision to an implementation plan submitted by a State under the Act must be adopted by such State after reasonable notice and public hearing.
EPA also must determine whether a submittal is complete and therefore warrants further EPA review and action (see section 110(k)(1) and 57 FR 13565). EPA's completeness criteria are set out at 40 CFR part 51, appendix V. EPA attempts to make completeness determinations within 60 days of receiving a submission. However, a submittal is deemed complete by operation of law if a completeness determination is not made by EPA six months after receipt of submission.
To entertain public comment, the State of Utah, after providing adequate public notice, held a public hearing on March 1, 1999 to address revisions to the SIP. Following the public hearings and public comment period, the Utah Air Quality Board adopted the revisions. Revisions to R307-101-2 (previously codified as R307-101-1) were adopted on April 1, 1999.
The Governor of Utah submitted the revisions to the SIP in a letter dated April 19, 2000. The SIP revisions were deemed complete by operation of law.
The revisions the State of Utah's SIP were made to reflect the current federal definitions of “significant” and “volatile organic compounds”. The first revision to the SIP incorporates changes to 40 CFR 51.166(23)(i), which was amended to establish significance levels for four pollutants emitted from municipal waste combustors and solid waste landfills, thus changing the definition for “significant”. The significance level is used to determine the scope of review needed for an application to increase emissions for sources which are covered by the Prevention of Significant Deterioration (PSD) requirements. The second SIP revision incorporates by reference EPA's definition of “volatile organic compound” (VOC) found in 40 CFR 51.100(s)(1), July 1, 1998. The definition of VOC was amended to delete methyl acetate from the list of volatile organic compounds that contribute to the formation of ground level ozone, thus changing the definition of “volatile organic compound”. EPA believes these revisions are acceptable and is approving them into the SIP.
The April 19, 2000 submittal also contained revisions to definitions in Utah's Air Conservation Regulations section R307-410-4. The Governor of Utah withdrew these revisions on October 16, 2000.
EPA is approving the revisions to the Utah SIP submitted on April 19, 2000. The revisions incorporate the latest federal definitions for “significant” and “volatile organic compound” and amend the State's Air Conservation Regulations section R307-101-2. EPA believes these revisions to the SIP are consistent with the Clean Air Act and EPA policy.
EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments However, in the “Proposed Rules” section of today's
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). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, 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
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 merely approves 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 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
The Congressional Review Act, 5 U.S.C. section 801
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 April 22, 2002. 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).)
Environmental protection, Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides.
42 U.S.C. 7401
(c) * * *
(46) On April 19, 2000, the Governor of Utah submitted revisions to the State's Air Conservation Regulations to update the definitions for “significant” and “volatile organic compound” to be in agreement with the federal definitions found at 40 CFR 51.166(23)(i) and 40 CFR 51.100(s)(1), July 1, 1998, respectively.
(i) Incorporation by reference.
(A) Utah Air Conservation Regulations section R307-101-2, definitions of “significant” and “volatile organic compound” (VOC), effective April 8, 1999.