[Federal Register: March 10, 2003 (Volume 68, Number 46)]
[Rules and Regulations]
[Page 11316-11325]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr03-3]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AD-FRL-7456-9]
RIN-2060-AE11
Approval and Promulgation of Implementation Plans; Prevention of
Significant Deterioration (PSD)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This final action revises the applicable implementation plans
concerning the PSD program mandated by part C of title I of the Clean
Air Act (CAA or Act). These revisions incorporate newly promulgated
paragraphs of the Federal PSD rule into the federal implementation plan
portion of a State's implementation plan where the State does not have
an approved PSD State Implementation Plan (SIP) in place. Specifically,
the revisions incorporate new applicability provisions in the Federal
PSD rules for baseline emissions determination, actual-to-projected-
actual methodology, plantwide applicability limitations (PAL's), clean
units, and pollution control projects (PCP's). The changes are intended
to ensure comprehensive and consistent implementation of the Federal
PSD program by State, local, and tribal agencies where EPA has
determined that they have the responsibility to implement the Federal
PSD program.
EFFECTIVE DATE: This final rule is effective on March 3, 2003.
ADDRESSES: Docket. Docket No. A-90-37 is located at the EPA Docket
Center, EPA West, U.S. EPA (6102T), 1301 Constitution Avenue, NW, Room
B-102, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Ms. Lynn Hutchinson, Information
Transfer and Program Integration Division (C339-03), U.S. EPA Office of
Air Quality Planning and Standards, Research Triangle Park, North
Carolina 27711, telephone number (919) 541-5795, facsimile number (919)
541-5509, electronic mail email) address: hutchinson.lynn@epa.gov.
SUPPLEMENTARY INFORMATION:
Regulated Entities
Entities potentially affected by this final action include sources
in all industry groups. The majority of sources potentially affected
are expected to be in the following groups.
------------------------------------------------------------------------
Industry group SIC \a\ NAICS \b\
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Electric Services.................. 491 221111, 221112,
221113, 221119,
221121, 221122.
Petroleum Refining................. 291 32411.
Chemical Processes................. 281 325181, 32512, 325131,
325182, 211112,
325998, 331311,
325188.
Natural Gas Transport.............. 492 48621, 22121.
Pulp and Paper Mills............... 261 32211, 322121, 322122,
32213
Paper Mills........................ 262 322121, 322122.
Automobile Manufacturing........... 371 336111, 336112,
336712, 336211,
336992, 336322,
336312, 33633, 33634,
33635, 336399,
336212, 336213.
Pharmaceuticals.................... 283 325411, 325412,
325413, 325414.
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\a\ Standard Industrial Classification
\b\ North American Industry Classification System.
Entities potentially affected by this final action also include State,
local, and tribal governments that are delegated authority to implement
these regulations.
The EPA has established an official public docket for this action
under Docket No. A-90-37. The official public docket consists of the
documents specifically referenced in this action, any public comments
received, and other information related to this action. Although a part
of the official docket, the public docket does not include Confidential
Business Information or other information whose disclosure is
restricted by statute. The official public docket is the collection of
materials that is available for public viewing at the EPA Docket
Center, EPA West, Room B-102, 1301 Constitution Avenue, NW, Washington,
DC 20460. The Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Reading Room is (202) 566-1744, and the telephone number for the Docket
is (202) 566-1742. A reasonable fee may be charged for copying docket
materials.
Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr/.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's final rule will also be available on the
WWW through EPA's Technology Transfer Network (TTN). Following
signature by the EPA Administrator, a copy of the rule will be posted
on the TTN's policy and guidance page for newly proposed or promulgated
rules at: http://www.epa.gov/ttn/oarpg. The TTN provides information
rules at: http://www.epa.gov/ttn/oarpg. The TTN provides information
and technology exchange in various areas of air pollution control. If
more information regarding the TTN is needed, call the TTN HELP line at
(919) 541-5384.
[[Page 11317]]
Judicial Review
Under section 307(b) of the CAA, judicial review of the final rule
is available only by filing a petition for review in the United States
Court of Appeals for the District of Columbia Circuit May 9, 2003.
Under section 307(d)(7)(B) of the CAA, only an objection to the rule
that was raised with reasonable specificity during the period for
public comment can be raised during judicial review. Moreover, under
section 307(b)(2) of the CAA, the requirements established by today's
final action may not be challenged separately in any civil or criminal
proceeding we bring to enforce these requirements.
Outline
The information presented in this preamble is organized as follows:
I. Today's Final Action
A. Background
B. Revisions to Part 52
C. Effective Date for Today's Final Action
II. Statutory and Executive Order Reviews
A. Executive Order 12866-Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA), as Amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et seq.
D. Unfunded Mandates Reform Act of 1995
E. Executive Order 13132-Federalism
F. Executive Order 13175-Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045-Protection of Children from
Environmental Health Risks and Safety Risks
H. Executive Order 13211-Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act of 1995
J. Congressional Review Act
I. Today's Final Action
A. Background
The 1970 Clean Air Act at section 110 required States to submit
plans to provide for the implementation and maintenance of the national
ambient air quality standards (NAAQS). While the 1970 CAA established
requirements for protecting the NAAQS through SIP's, it did not address
prevention of significant deterioration of air quality. On May 31, 1972
(37 FR 10842), the Administrator published initial approvals and
disapprovals of SIP's submitted pursuant to section 110 of the CAA. On
November 9, 1972 (37 FR 23836), all SIP's were disapproved insofar as
they failed to provide for significant deterioration of air quality.
This action was taken in response to a preliminary injunction issued by
the District Court for the District of Columbia, which also required
the Administrator to promulgate regulations as to any State plan that
either permits the significant deterioration of air quality in any
portion of any State, or fails to take the measures necessary to
prevent significant deterioration.
On July 16, 1973 (38 FR 18986), we \1\ proposed several alternative
plans for prevention of significant deterioration. On December 5, 1974
(39 FR 42510), we promulgated the Federal PSD program, 40 CFR 52.21.
These regulations established a Federal program under section 101(b)(1)
of the 1970 Clean Air Act (CAA) to conduct preconstruction review of
specified source categories where State agencies fail to provide for
prevention of significant deterioration of air quality. This final
action also disapproved all State plans as lacking procedures or
regulations for preventing significant deterioration of air quality and
incorporated the Federal PSD regulations by reference into all State
plans. Specifically, it incorporated the provisions of Sec. 52.21 by
reference into the SIP's in subparts B through DDD of part 52. (See 39
FR 42514 concerning Sec. 52.21(a), plan disapproval.)
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\1\ In this preamble the term ``we'' refers to EPA and the term
``you'' refers to major stationary sources of air pollution and
their owners and operators. All other entities are referred to by
their respective names (for example, reviewing authorities).
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On June 19, 1978 (43 FR 26388), we amended our PSD regulations to
implement the new requirements of the Clean Air Act Amendments of 1977
(Pub. L. 95-95). These regulations built on the previous ones, but
provided a more comprehensive program pursuant to part C (sections 160-
165) of title I, which was added in the 1977 CAA Amendments. The 1977
CAA Amendments also added the statutory requirement that the PSD
program be implemented through SIP's submitted pursuant to CAA section
110. Our final rules in 1978 also amended Sec. 52.21 to incorporate
all of the new requirements of CAA sections 160-165 into the Federal
PSD program. This final rule contained the same language concerning
plan disapprovals that is contained in Sec. 52.21(a)(1) as promulgated
on December 31, 2002.
Section 52.21(a) Plan disapproval. The provisions of this
section are applicable to any State implementation plan which has
been disapproved with respect to prevention of significant
deterioration of air quality in any portion of any State where the
existing air quality is better than the national ambient air quality
standards. Specific disapprovals are listed where applicable in
subparts B through DDD of this part. The provisions of this section
have been incorporated by reference into the applicable
implementation plans for various States, as provided in subparts B
through DDD of this part. Where this section is so incorporated, the
provisions shall also be applicable to all lands owned by the
Federal government and Indian reservations located in such State. No
disapproval with respect to a State's failure to prevent significant
deterioration of air quality shall invalidate or otherwise affect
the obligation of States, emission sources, or other persons with
respect to all portions of these plans approved or promulgated under
this part (46 FR 26403).
The 1978 final rule also incorporated section 52.21 by reference
into the SIP's for 54 programs (50 States, Puerto Rico, Virgin Islands,
American Samoa, and Guam) as follows:
(a) The requirements of sections 160 through 165 of the Clean
Air Act are not met, since the plan does not include approvable
procedures for preventing the significant deterioration of air
quality.
(b) The provisions of section 52.21 (b) through (v) are hereby
incorporated and made part of the applicable State plan for the
State of -------- (see 43 FR 26410).
On August 7, 1980 (43 FR 52676), we amended our PSD regulations in
response to the decision by the U.S. Court of Appeals for the D.C.
Circuit in Alabama Power Company v. Costle, 636 F.2d 323 (D.C.Cir.
1979). In addition to revising the PSD rules to respond to the court,
this final rule disapproved a number of SIP's for PSD purposes and
incorporated Sec. 52.21 by reference into the implementation plans for
those States. It also contained the same language concerning plan
disapprovals that is contained in the newly promulgated provisions at
Sec. 52.21(a)(1), as well as the same language concerning
incorporation by reference in the relevant State-specific subparts of
part 52 (see 45 FR 52741).
B. Revisions to Part 52
We proposed revisions to the nonattainment new source review (NSR)
and PSD rules in a notice published in the Federal Register on July 23,
1996 (61 FR 38250). That Federal Register notice proposed a number of
changes to our existing major NSR and PSD requirements. (Please refer
to the outline of that proposed rulemaking for a list of changes that
were proposed to our existing regulations.) Following the 1996
proposal, we held two public hearings and more than 50 stakeholder
meetings. Environmental groups, industry, and State, local, and Federal
agency representatives participated in these many discussions on all
aspects of the proposed rules. On July 24, 1998, we published a notice
of availability (NOA)
[[Page 11318]]
at 63 FR 39857 to solicit further comment on three specific aspects of
the proposed revisions: Determining baseline emissions, actual-to-
future-actual methodology (later renamed as the actual-to-projected-
actual test), and PAL's. More than 400 letters from the public were
received concerning the proposal and the NOA and can be found in Docket
A-90-37. On December 31, 2002 (67 FR 80186), we published notice of
final action on several of the changes that were proposed in 1996 and
noticed in 1998: Baseline emissions determinations, the actual-to-
projected-actual methodology, actual PAL's, clean Units, and PCP's.
Today, we are taking final action on one of the aspects of the 1996
proposal that was not included in our December 31 final regulations and
which is necessary to ensure implementation of those final rules.
Specifically, we are finalizing our proposal that PSD applicability
changes would also be included in the part 52 regulations governing
Federal permitting programs in those jurisdictions that lack a SIP-
approved PSD program. In our 1996 proposal (61 FR 38252), we listed
five proposed changes to NSR applicability: (1) Clean units, (2)
baseline emissions, (3) PCP's, (4) PAL's, and (5) the actual-to-future-
actual test (renamed as the actual-to-projected-actual test). In that
proposal, we specifically noted that we were proposing these changes
for the part 52 Federal PSD program as well.
The EPA also proposes to include these applicability approaches
in the part 52 regulations governing Federal permitting programs (61
FR 38253).
The part 52 regulations governing Federal permitting programs include
the Federal PSD rule at 40 CFR 52.21, as well as the various sections
of subparts C through DDD of part 52 that incorporate the Federal
permitting program by reference for those jurisdictions where EPA has
promulgated a federal implementation plan (FIP) because there is no
SIP-approved PSD program in those jurisdictions. (See, for example,
Sec. 52.632, which incorporates Sec. 52.21 by reference into the
State plan for the State of Hawaii.) Although we received a limited
number of comments regarding whether States with approved PSD programs
in their SIPs should be required to adopt the five applicability
provisions, we received no comments on whether the five applicability
provisions should be adopted in those jurisdictions where EPA has
promulgated a FIP because there is no SIP-approved PSD program in those
jurisdictions. This lack of comment is not surprising since we did not
propose to change our longstanding procedures concerning incorporation
by reference of Sec. 52.21 as a FIP for those jurisdictions where
there is no SIP-approved PSD permitting program. Public comments
concerning specific changes to the provisions in Sec. 52.21 subpart A
were addressed in our December 31, 2002 Federal Register notice and
accompanying Technical Support Document. The opportunity for judicial
review of specific changes to subpart A has also been provided as part
of that rulemaking. (See 67 FR 80244.)
As of December 31, 2002, a number of State and local agencies did
not have approved PSD programs in their SIPs. Instead, as described
above, EPA promulgated the Federal PSD program in those jurisdictions
through regulatory provisions in 40 CFR part 52, subparts C through
DDD. In most of those jurisdictions, the State or local agency
administers the federal PSD program pursuant to a delegation of
authority under Sec. 52.21 (u). When finalizing the new applicability
provisions that we proposed in 1996, however, the relevant parts of
Sec. 52.21 were extended from Sec. 52.21(b) through (w) to Sec.
52.21(a)(2) and (b) through (bb). Therefore, today's final regulations
incorporate by reference the new Sec. 52.21(a)(2) and (b) through (bb)
into the applicable implementation plan for those jurisdictions that
currently do not have approved PSD programs. With this final action, we
are not approving or disapproving the PSD programs for any State,
local, or Tribal agencies. Instead, we are updating the FIP's, using
the same language that we have used at each major revision to the PSD
rules, to reflect the fact that all of the relevant provisions of the
new Sec. 52.21 now apply.
No tribal government currently has an approved tribal
implementation plan (TIP) under the CAA to implement the PSD program.
The Federal Government is currently the PSD reviewing authority in
Indian Country. Pursuant to Sec. 52.21(a)(1), the provisions of Sec.
52.21 are applicable to all lands owned by the Federal Government and
Indian Reservations located in each State. Therefore, we are
incorporating the Federal PSD Program contained in Sec. 52.21 by
reference into implementation plans where the requirements of CAA 160-
165 are not met for federally designated Indian lands. By this final
action, we are not changing the authority for implementing and
enforcing the Federal PSD permitting program for any sources located in
Indian Country. This incorporation by reference only applies to those
sections of subparts B through DDD of part 52 that currently
incorporate the Federal PSD program for Indian lands.
C. Effective Date for Today's Final Action
Today's final regulations are effective on March 3, 2003. This is
consistent with the March 3, 2003 effective date for the changes to the
Federal PSD program in Sec. 52.21 that were promulgated on December
31, 2002. (See 67 FR 80240.)
II. Statutory and Executive Order Reviews
A. Executive Order12866--Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities.
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency.
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof.
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is not a significant regulatory action and
therefore it was not submitted to OMB for review.
B. Paperwork Reduction Act
The information collection requirements for the revisions to the
major NSR rules at Sec. Sec. 51.165, 51.166, and 52.21 (67 FR 80243)
will be contained in two different information collection requests
(ICR's).
The OMB has approved the information collection requirements under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
and has assigned OMB control number 2060-0003 (ICR 1230.10). The EPA
prepared an ICR document (ICR No. 1230.10) extending the approval of
the
[[Page 11319]]
ICR for the promulgated NSR regulations on March 30, 2001. On October
29, 2001, OMB approved EPA's request for extension for 3 years until
October 31, 2004. The OMB number for this approval is 2060-0003.
In addition to the existing ICR, the information collection
requirements in the final rules on December 31, 2002 (67 FR 80243),
have been submitted for approval to OMB under the requirements of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An ICR document has
been prepared by EPA (ICR No. 2074.01), and a copy may be obtained from
Susan Auby, U.S. Environmental Protection Agency, Office of
Environmental Information, Collection Strategies Division (2822T), 1200
Pennsylvania Avenue, NW., Washington, DC 20460-0001, by e-mail at
auby.susan@epa.gov, or by calling (202) 566-1672. A copy may also be
downloaded off the Internet at http://www.epa.gov/icr. The information
downloaded off the Internet at http://www.epa.gov/icr. The information
requirements included in ICR No. 2074.01 are not effective until OMB
approves them.
The information that ICR No. 2074.01 covers is required for the
submittal of complete permit applications for the construction or
modification of all major new stationary sources of pollutants in
attainment and nonattainment areas, as well as for applicable minor
stationary sources of pollutants. This information collection is
necessary for the proper performance of EPA's functions, has practical
utility, and is not unnecessarily duplicative of information we
otherwise can reasonably access. We have reduced, to the extent
practicable and appropriate, the burden on persons providing the
information to or for EPA.
According to ICR No. 2074.01, as a result of the rule changes on
December 31, 2002, the total 3-year burden change of the revised
collection is estimated at about 219,741 hours at a total cost of $7.7
million. The annual burden change to industry is about 64,287 hours at
a cost of $2.2 million. The annual burden change to reviewing agencies
is about 8,960 hours at a cost of $331,520. The total annual respondent
change is 73,247 hours for a total respondent change in cost of $2.6
million. These cost changes are based upon 62 PSD and 123 NSR
nonutility sources (185 total); and 85 PSD and 169 NSR (254 total)
sources, including utilities. For the number of respondent reviewing
authorities, the analysis uses the 112 reviewing authorities count used
by other permitting ICR's for the one-time tasks (for example, SIP
revisions) and the appropriate source count for individual permit-
related items (for example, attending pre-application meetings with the
source). There is only one Federal source listed in the ICR.
Based on the burden assessed in ICR No. 2074.01, we estimate there
is no burden for today's final rule. The result of today's final rules
is to incorporate provisions that were promulgated on December 31, 2002
(67 FR 80186) into the SIP's and no additional burden on reviewing
authorities or regulated entities is incurred as a result of today's
final rules.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purpose of responding to the information
collection; adjust existing ways to comply with any previously
applicable instructions and requirements; train personnel to respond to
a collection of information; search existing data sources; complete and
review the collection of information; and transmit or otherwise
disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. We will
continue to present OMB control numbers in a consolidated table format
to be codified in 40 CFR part 9 of the Agency's regulations, and in
each CFR volume containing EPA regulations. The table lists the section
numbers with reporting and recordkeeping requirements, and the current
OMB control numbers. This listing of the OMB control numbers and their
subsequent codification in the CFR satisfy the requirements of the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and OMB's implementing
regulations at 5 CFR part 1320.
C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with this final rule. The
EPA has also determined that this rule will not have a significant
economic impact on a substantial number of small entities. For purposes
of assessing the impacts of today's rule on small entities, small
entity is defined as: (1) Any small business employing fewer than 500
employees; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district, or special district with a
population of less than 50,000; or (3) a small organization that is any
not-for-profit enterprise that is independently owned and operated and
is not dominant in its field.
After considering the economic impacts of today's final rule on
small entities, we have concluded that this action will not have a
significant economic impact on a substantial number of small entities.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities'' (5 U.S.C. 603
and 604). Thus, an agency may conclude that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect, on all of the small entities subject to the rule.
A Regulatory Flexibility Act Screening Analysis, developed as part
of a 1994 draft Regulatory Impact Analysis (RIA) and incorporated into
the September 1995 ICR renewal analysis, showed that the changes to the
NSR program due to the 1990 CAA Amendments would not have an adverse
impact on small entities. This analysis encompassed the entire universe
of applicable major sources that were likely to also be small
businesses (approximately 50 ``small business'' major sources). Because
the administrative burden of the NSR program is the primary source of
the NSR program's regulatory costs, the analysis estimated a negligible
``cost to sales'' (regulatory cost divided by the business category
mean revenue) ratio for this source group. Currently, and as reported
in the current ICR, there is no economic basis for a different
conclusion.
We believe these rule changes will reduce the regulatory burden
associated with the major NSR program for all sources, including all
small businesses, by improving the operational flexibility of owners
and operators, improving the clarity of requirements, and providing
alternatives that sources may take advantage of to further improve
their operational flexibility. As a result, the program changes
provided in the final rule are not expected to result in any
[[Page 11320]]
increases in expenditure by any small entity.
We have therefore concluded that today's final rule will relieve
regulatory burden for all small entities.
D. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation as to why
that alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan.
The plan must provide for notifying potentially affected small
governments, enabling officials of affected small governments to have
meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
We have determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any 1 year. There is no burden for State, local, and tribal
agencies in order for this rule to be included in the SIP, as this
final action directly incorporates the changes into the SIP. Moreover,
these revisions will ultimately provide greater operational flexibility
to sources permitted by the States, which will in turn reduce the
overall burden of the program on State and local authorities by
reducing the number of required permit modifications. In addition, we
believe the rule changes will actually reduce the regulatory burden
associated with the major NSR program by improving the operational
flexibility of owners and operators, improving the clarity of
requirements, and providing alternatives that sources may take
advantage of to further improve their operational flexibility. Thus,
today's rule is not subject to the requirements of sections 202 and 205
of the UMRA.
For the same reasons stated above, we have determined that this
rule contains no regulatory requirements that might significantly or
uniquely affect small governments. Thus, today's rule is not subject to
the requirements of section 203 of the UMRA.
E. Executive Order 13132--Federalism
Executive Order 13132, entitled ``federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
This final rule does not have federalism implications. It will 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. We do not expect this final rule
to result in expenditures by the States. Today's final rules only apply
in States that have been delegated the authority to implement the
Federal PSD rules. Therefore, reviewing authorities will not incur a
burden to revise their SIP's. Moreover, these revisions provide greater
operational flexibility to sources permitted by the States, which will
in turn reduce the overall burden of the program on State and local
authorities by reducing the number of required permit modifications.
Thus, Executive Order 13132 does not apply to this rule. Nevertheless,
in the spirit of Executive Order 13132, and consistent with EPA policy
to promote communications between EPA and State and local governments,
we specifically solicited comment on the proposed rule from State and
local officials.
F. Executive Order 13175--Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' We believe that this final
rule does not have tribal implications as specified in Executive Order
13175. Thus, Executive Order 13175 does not apply to this rule.
The EPA began considering potential revisions to the NSR rules in
the early 1990's and proposed changes in 1996. The purpose of today's
final rule is to add greater flexibility to the existing major NSR
regulations. These changes will benefit both reviewing authorities and
the regulated community by providing increased certainty as to when the
requirements apply, and by providing alternative ways to comply with
the requirements. Taken as a whole, today's final rule should result in
no added burden or compliance costs and should not substantially change
the level of environmental performance achieved under the previous
rules.
No tribal government currently has an approved tribal
implementation plan (TIP) under the CAA to implement the NSR program.
The Federal government is currently the NSR reviewing authority in
Indian country, thus tribal governments should not experience added
burden, nor should their laws be affected with respect to
implementation of this rule. Additionally, although major stationary
sources affected by today's final rule could be located in or near
Indian country and/or be owned or operated by tribal governments, such
sources would not incur additional costs or compliance burdens as a
result of this rule. Instead, the only effect on such sources should be
the benefit of the added certainty and flexibility provided by the
rule.
We recognize the importance of including tribal consultation as
part of the rulemaking process. Although we did not include specific
consultation with tribal officials as part of our outreach process on
this final rule, which was developed largely prior to issuance of
Executive Order 13175 and which does not have tribal implications under
Executive Order 13175, we will continue to consult with tribes on
future rulemakings to assess and address tribal
[[Page 11321]]
implications, and will work with tribes interested in seeking TIP
approval to implement the NSR program to ensure consistency of tribal
plans with this rule.
G. Executive Order 13045--Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that: (1) Is determined to be ``economically
significant'' as defined under Executive Order 12866; and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children, and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
This final rule is not subject to the Executive Order because it is
not economically significant as defined in Executive Order 12866, and
because the Agency does not have reason to believe the environmental
health or safety risks addressed by this action present a
disproportionate risk to children because we believe that this package
as a whole will result in equal or better environmental protection than
currently provided by the existing regulations, and do so in a more
streamlined and effective manner.
H. Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Today's
rule improves the ability of sources to undertake pollution prevention
or energy efficiency projects, switch to less polluting fuels or raw
materials, maintain the reliability of production facilities, and
effectively utilize and improve existing capacity. The rule also
includes a number of provisions to streamline administrative and
permitting processes so that facilities can quickly accommodate changes
in supply and demand. The regulations provide several alternatives that
are specifically designed to reduce administrative burden for sources
that use pollution prevention or energy efficient projects.
I. National Technology Transfer and Advancement Act of 1995
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Pub. L. 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical.
Voluntary consensus standards are technical standards (for example,
materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by voluntary
consensus standards bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable voluntary consensus standards.
This action does not involve technical standards. This final rule
does not create new requirements but, rather, revises an existing
permitting program by providing a series of program options that
affected facilities may choose to adopt. These options will reduce the
regulatory burden associated with the major NSR program by improving
the operational flexibility of owners and operators, improving the
clarity of requirements, and providing alternatives that sources may
take advantage of to further improve their operational flexibility.
Therefore, EPA did not consider the use of any voluntary consensus
standards.
J. Congressional Review Act
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. The EPA submitted 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). Therefore, this rule will be effective on March 3, 2003.
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practices and procedures,
Air pollution control, Best available control technology, Baseline
emissions, Carbon monoxide, Clean units, Federal implementation Plans,
Hydrocarbons, Intergovernmental relations, Lowest achievable emission
rate, Lead, Major modifications, Nitrogen oxides, Ozone, Particular
matter, Plantwide applicability limitations, Pollution control
projects, State implementation plans, Sulfur oxides.
Dated: February 28, 2003.
Christine Todd Whitman,
Administrator.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C--[Amended]
2. Section 52.96 is amended by revising paragraph (b) to read as
follows.
Sec. 52.96 Significant deterioration of air quality.
* * * * *
(b) The requirements of sections 160 through 165 of the Clean Air
Act are not met for Indian reservations since the plan does not include
approvable procedures for preventing the significant deterioration of
air quality on Indian reservations and, therefore, the provisions of
Sec. 52.21(a)(2) and (b) through (bb) are hereby incorporated and made
part of the applicable reservation in the State of Alaska.
Subpart D--[Amended]
3. Section 52.144 is amended by revising paragraph (b) to read as
follows.
Sec. 52.144 Significant deterioration of air quality.
* * * * *
(b) Regulation for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
the State of Arizona for that portion applicable to the Pima County
Health Department and the Maricopa County Department of Health Services
and sources locating on Indian lands.
[[Page 11322]]
Subpart E--[Amended]
4. Section 52.181 is amended by revising paragraph (b) to read as
follows.
Sec. 52.181 Significant deterioration of air quality.
* * * * *
(b) The requirements of sections 160 through 165 of the Clean Air
Act are not met for federally designated Indian lands. Therefore, the
provisions of Sec. 52.21(a)(2) and (b) through (bb) are hereby
incorporated by reference and made a part of the applicable
implementation plan and are applicable to sources located on land under
the control of Indian governing bodies.
Subpart F--[Amended]
5. Section 52.270 is amended by revising paragraphs (a)(3), (b)(1)
introductory text, (b)(2) introductory text, (b)(3) introductory text,
and (b)(4) introductory text to read as follows.
Sec. 52.270 Significant deterioration of air quality.
(a) * * *
(3) The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
the State of California.
(b) * * *
(1) The PSD rules for Sacramento County Air Pollution Control
District are approved under Part C, Subpart 1, of the Clean Air Act.
However, EPA is retaining authority to apply Sec. 52.21 in certain
cases. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
therefore incorporated and made a part of the State plan for California
for the Sacramento County Air Pollution Control District for:
* * * * *
(2) The PSD rules for North Coast Unified Air Quality Management
District are approved under Part C, Subpart 1, of the Clean Air Act.
However, EPA is retaining authority to apply Sec. 52.21 in certain
cases. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
therefore incorporated and made a part of the State plan for California
for the North Coast Unified Air Quality Management District for:
* * * * *
(3) The PSD rules for Mendocino County Air Pollution Control
District are approved under Part C, Subpart 1, of the Clean Air Act.
However, EPA is retaining authority to apply Sec. 52.21 in certain
cases. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
therefore incorporated and made a part of the State plan for California
for the Mendocino County Air Pollution Control District for:
* * * * *
(4) The PSD rules for Northern Sonoma County Air Pollution Control
District are approved under Part C, Subpart 1, of the Clean Air Act.
However, EPA is retaining authority to apply Sec. 52.21 in certain
cases. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
therefore incorporated and made a part of the State plan for California
for the Northern Sonoma County Air Pollution Control District for:
* * * * *
Subpart G--[Amended]
6. Section 52.343 is amended by revising paragraph (b) to read as
follows.
Sec. 52.343 Significant deterioration of air quality.
* * * * *
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
the State of Colorado for the sources identified in paragraph (a) of
this section as not meeting the requirements of sections 160-165 of the
Clean Air Act.
* * * * *
Subpart H--[Amended]
7. Section 52.382 is amended by revising paragraph (b) to read as
follows.
* * * * *
(b) The increments for nitrogen dioxide and related requirements
promulgated on October 17, 1988 (53 FR 40671), and amended on December
31, 2002 (67 FR 80186) to 40 CFR 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made part of the applicable State
implementation plan for the State of Connecticut.
Subpart J--[Amended]
8. Section 52.499 is amended by revising paragraph (b) to read as
follows.
Sec. 52.499 Significant deterioration of air quality.
* * * * *
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
the District of Columbia.
Subpart K--[Amended]
9. Section 52.530 is amended by revising paragraph (d) introductory
text to read as follows.
Sec. 52.530 Significant deterioration of air quality.
* * * * *
(d) The requirements of sections 160 through 165 of the Clean Air
Act are not met since the Florida plan, as submitted, does not apply to
certain sources. Therefore, the provisions of Sec. 52.21(a)(2) and (b)
through (bb) are hereby incorporated by reference and made a part of
the Florida plan for:
* * * * *
Subpart M--[Amended]
10. Section 52.632 is amended by revising paragraph (b) to read as
follows.
Sec. 52.632 Significant deterioration of air quality.
* * * * *
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
the State of Hawaii.
Subpart N--[Amended]
11. 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 sections 160 through 165 of the Clean Air
Act are not met for Indian reservations since the plan does not include
approvable procedures for preventing significant deterioration of air
quality on Indian reservations. 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 reservations in the State of Idaho.
(c) The requirements of section 165 of the Clean Air Act are not
met for sources subject to prevention of significant deterioration
requirements prior to August 22, 1986, the effective date of EPA's
approval of the rules cited in paragraph (a) of this section.
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 subject to Sec. 52.21 prior to August 22, 1986.
[[Page 11323]]
Subpart O--[Amended]
12. Section 52.738 is amended by revising paragraph (b) to read as
follows.
Sec. 52.738 Significant deterioration of air quality.
* * * * *
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
the State of Illinois.
* * * * *
Subpart P--[Amended]
13. Section 52.793 is amended by revising paragraph (b) to read as
follows.
Sec. 52.793 Significant deterioration of air quality.
* * * * *
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable state plan for
the State of Indiana.
* * * * *
Subpart Q--[Amended]
14. Section 52.833 is amended by revising paragraph (b) to read as
follows.
Sec. 52.833 Significant deterioration of air quality.
* * * * *
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
the State of Iowa for sources wishing to locate on Indian lands;
sources constructed under permits issued by EPA; and certain sources as
identified in Iowa's April 22, 1987, letter.
Subpart T--[Amended]
15. Section 52.986 is amended by revising paragraph (b) to read as
follows.
Sec. 52.986 Significant deterioration of air quality.
* * * * *
(b) The requirements of sections 160 through 165 of the Clean Air
Act are not met for federally designated Indian lands since the plan
(specifically LAC: 33:III:509.A.1) excludes all federally recognized
Indian lands from the provisions of this regulation. Therefore, the
provisions of Sec. 52.21(a)(2) and (b) through (bb) are hereby
incorporated by reference and made a part of the applicable
implementation plan, and are applicable to sources located on land
under the control of Indian governing bodies.
Subpart W--[Amended]
16. Section 52.1165 is amended by revising paragraph (b) to read as
follows.
Sec. 52.1165 Significant deterioration of air quality.
* * * * *
(b) Regulation for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
the State of Massachusetts.
Subpart X--[Amended]
17. Section 52.1180 is amended by revising paragraph (b) to read as
follows.
Sec. 52.1180 Significant deterioration of air quality.
* * * * *
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
the State of Michigan.
* * * * *
Subpart Y--[Amended]
18. Section 52.1234 is amended by revising paragraph (b) to read as
follows.
Sec. 52.1234 Significant deterioration of air quality.
* * * * *
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
the State of Minnesota.
* * * * *
Subpart BB--[Amended]
19. Section 52.1382 is amended by revising paragraph (b) to read as
follows.
Sec. 52.1382 Prevention of significant deterioration of air quality.
* * * * *
(b) Regulation for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated by reference and made a part of the Montana State
implementation plan and are applicable to proposed major stationary
sources or major modifications to be located on Indian Reservations.
* * * * *
Subpart CC--[Amended]
20. Section 52.1436 is amended by revising the introductory text to
read as follows.
Sec. 52.1436 Significant deterioration of air quality.
The requirements of sections 160 through 165 of the Clean Air Act
are met except as noted below. The EPA is retaining Sec. 52.21(a)(2)
and (b) through (bb) as part of the Nebraska SIP for the following
types of sources:
* * * * *
Subpart DD--[Amended]
21. Section 52.1485 is amended by revising paragraph (b) to read as
follows.
Sec. 52.1485 Significant deterioration of air quality.
* * * * *
(b) Regulation for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
incorporated and made a part of the applicable State plan for the State
of Nevada except for that portion applicable to the Clark County Health
District.
* * * * *
Subpart FF--[Amended]
22. Section 52.1603 is amended by revising paragraph (b) to read as
follows.
Sec. 52.1603 Significant deterioration of air quality.
* * * * *
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
the State of New Jersey.
Subpart GG--[Amended]
23. Section 52.1634 is amended by revising paragraph (b) to read as
follows.
Sec. 52.1634 Significant deterioration of air quality.
* * * * *
(b) The requirements of sections 160 through 165 of the Clean Air
Act are not met for federally designated Indian lands. Therefore, the
provisions of Sec. 52.21 (a)(2) and (b) through (bb) are hereby
incorporated by reference and made a part of the applicable
implementation plan, and are applicable to sources located on land
under the control of Indian governing bodies.
* * * * *
[[Page 11324]]
Subpart HH--[Amended]
24. Section 52.1689 is amended by revising paragraph (b) to read as
follows.
Sec. 52.1689 Significant deterioration of air quality.
* * * * *
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable state plan for
the State of New York.
Subpart JJ--[Amended]
25. Section 52.1829 is amended by revising paragraph (b) to read as
follows.
Sec. 52.1829 Prevention of significant deterioration of air quality.
* * * * *
(b) Regulation for preventing of significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated by reference and made a part of the North Dakota
State implementation plan and are applicable to proposed major
stationary sources or major modifications to be located on Indian
Reservations.
Subpart LL--[Amended]
26. Section 52.1929 is amended by revising paragraph (a)
introductory text to read as follows.
Sec. 52.1929 Significant deterioration of air quality.
(a) Regulation for preventing significant deterioration of air
quality. The Oklahoma plan, as submitted, does not apply to certain
sources in the State. Therefore the provisions of Sec. 52.21(a)(2) and
(b) through (bb) are hereby incorporated by reference, made part of the
Oklahoma State implementation plan and are applicable to the following
major stationary sources or major modifications:
* * * * *
Subpart MM--[Amended]
27. 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 sections 160 through 165 of the Clean Air
Act are not met for Indian reservations since the plan does not include
approvable procedures for preventing the significant deterioration of
air quality on Indian reservations and, 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 reservations in the State of
Oregon.
Subpart QQ--[Amended]
28. Section 52.2178 is amended by revising paragraph (b) to read as
follows.
Sec. 52.2178 Significant deterioration of air quality.
* * * * *
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
the State of South Dakota.
* * * * *
Subpart RR--[Amended]
29. Section 52.2233 is amended by revising paragraph (b)
introductory text to read as follows.
Sec. 52.2233 Significant deterioration of air quality.
* * * * *
(b) The requirements of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated by reference and made part of the applicable SIP
for the State of Tennessee for the following purposes:
* * * * *
Subpart SS--[Amended]
30. Section 52.2303 is amended by revising paragraphs (c) and (d)
to read as follows.
Sec. 52.2303 Significant deterioration of air quality.
* * * * *
(c) The requirements of section 160 through 165 of the Clean Air
Act are not met for federally designated Indian lands. Therefore, the
provisions of Sec. 52.21(a)(2) and (b) through (bb) are hereby adopted
and made a part of the applicable implementation plan and are
applicable to sources located on land under the control of Indian
governing bodies.
(d) The requirements of section 160 through 165 of the Clean Air
Act are not met for new major sources or major modifications to
existing stationary sources for which applicability determinations
would be affected by dockside emissions of vessels. Therefore, the
provisions of Sec. 52.21(a)(2) and (b) through (bb) are hereby adopted
and made a part of the applicable implementation plan and are
applicable to such sources.
Subpart TT--[Amended]
31. Section 52.2346 is amended by revising paragraph (b) to read as
follows.
Sec. 52.2346 Significant deterioration of air quality.
* * * * *
(b) Regulation for prevention of significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated by reference and made a part of the Utah State
implementation plan and are applicable to proposed major stationary
sources or major modifications to be located on Indian Reservations.
* * * * *
Subpart WW--[Amended]
32. Section 52.2497 is amended by revising paragraph (b) to read as
follows.
Sec. 52.2497 Significant deterioration of air quality.
* * * * *
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
the State of Washington.
* * * * *
Subpart YY--[Amended]
33. Section 52.2581 is amended by revising paragraph (e) to read as
follows.
Sec. 52.2581 Significant deterioration of air quality.
* * * * *
(e) Regulations for the prevention of the significant deterioration
of air quality. The provisions of Sec. 52.21(a)(2) and (b) through
(bb) are hereby incorporated and made a part of the applicable State
plan for the State of Wisconsin for sources wishing to locate in Indian
country; and sources constructed under permits issued by EPA.
Subpart ZZ--[Amended]
34. Section 52.2630 is amended by revising paragraph (b)
introductory text to read as follows.
Sec. 52.2630 Prevention of significant deterioration of air quality.
* * * * *
(b) Regulation for preventing significant deterioration of air
quality. The Wyoming plan, as submitted does not apply to certain
sources in the State. Therefore, the provisions of Sec. 52.21(a)(2)
and (b) through (bb) are hereby incorporated by reference and made a
part of the State implementation plan
[[Page 11325]]
for the State of Wyoming and are applicable to the following proposed
major stationary sources or major modifications:
* * * * *
Subpart AAA--[Amended]
35. Section 52.2676 is amended by revising paragraph (b) to read as
follows.
Sec. 52.2676 Significant deterioration of air quality.
* * * * *
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
the State of Guam.
Subpart BBB--[Amended]
36. Section 52.2729 is amended by revising paragraph (b) to read as
follows.
Sec. 52.2729 Significant deterioration of air quality.
* * * * *
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
the State of Puerto Rico.
Subpart CCC--[Amended]
37. Section 52.2779 is amended by revising paragraph (b) to read as
follows.
Sec. 52.2779 Significant deterioration of air quality.
* * * * *
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
the Virgin Islands.
Subpart DDD--[Amended]
38. Section 52.2827 is amended by revising paragraph (b) to read as
follows.
Sec. 52.2827 Significant deterioration of air quality.
* * * * *
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are
hereby incorporated and made a part of the applicable State plan for
American Samoa.
[FR Doc. 03-5470 Filed 3-7-03; 8:45 am]
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