Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Administrative Procedures, 4641-4645 [E7-1619]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 72, Number 21 (Thursday, February 1, 2007)]
[Rules and Regulations]
[Pages 4641-4645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1619]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 60

[EPA-R08-OAR-2005-UT-0007; FRL-8275-2]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Administrative Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule and delegation of authority.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Governor of Utah on August 15, 2001. This SIP 
submittal deletes Utah's rules R307-102-3, ``Administrative Procedures 
and Hearings,'' and R307-414-3, ``Request for Review.'' EPA is removing 
Utah's rules R307-102-3 and R307-414-3 from Utah's federally approved 
SIP, because these rules are not required to be in Utah's SIP. This 
action is being taken under section 110 of the Clean Air Act.
    EPA is also providing notice that on November 8, 2006, Utah was 
delegated authority to implement and enforce certain New Source 
Performance Standards, as of July 1, 2005. In addition, we are 
approving updates to the NSPS ``Delegation Status of New Source 
Performance Standards'' table.

DATES: This rule is effective on April 2, 2007, without further notice, 
unless EPA receives adverse comment by March 5, 2007. If adverse 
comment is received, EPA will publish a timely withdrawal of the direct 
final rule in the Federal Register informing the public that the rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R08-OAR-2005-UT-0007, by one of the following methods:
     www.regulations.gov Follow the on-line instructions for 
submitting comments.
     E-mail: ostrand.laurie@epa.gov and fiedler.kerri@epa.gov.
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air and Radiation Program, Environmental 
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.
     Hand Delivery: Director, Air and Radiation Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only 
accepted Monday through Friday, 8 a.m. to 4:55 p.m., excluding Federal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID Number EPA-R08-OAR-
2005-UT-0007. 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 e-mail. The www.regulations.gov Web site is an ``anonymous access'' 
systems, 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 e-mail comment directly to EPA, without going through 
www.regulations.gov your e-mail 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 https://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, i.e., 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 and Radiation 
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street, Denver, CO 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 a.m. to 4 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kerri Fiedler, Air and Radiation 
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 1595 Wynkoop Street, Denver, CO 80202-1129, phone (303) 312-6493, 
and e-mail at: fiedler.kerri@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. What Is the State's Process To Submit These Materials to EPA?
III. EPA's Evaluation of the Submittal

[[Page 4642]]

IV. Section 110(l) of the Clean Air Act
V. Final Action
VI. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The word State means the State of Utah, unless the context 
indicates otherwise.

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    (a) Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    (b) Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    (c) Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    (d) Describe any assumptions and provide any technical information 
and/or data that you used.
    (e) If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    (f) Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    (g) Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    (h) Make sure to submit your comments by the comment period 
deadline identified.

II. What Is the State's Process To Submit These Materials to EPA?

    Section 110(k) of the CAA addresses our actions on submissions of 
revisions to a SIP. The CAA requires States to observe certain 
procedural requirements in developing SIP revisions for submittal to 
us. Section 110(a)(2) of the CAA requires that each SIP revision be 
adopted after reasonable notice and public hearing. This must occur 
prior to the revision being submitted by a State to us.
    The Utah Air Quality Board (AQB) held a public hearing on September 
28, 2000, to address revisions to Utah's Administrative Procedures: 
adding R307-103, amending R307-120-8 and R307-415-6d, and deleting 
R307-102-3, R307-415-10 and R307-414-3. The AQB adopted the revisions 
on December 6, 2000, and they became State effective on December 7, 
2000. Utah's Rule R307-103-2 was further revised at a public hearing 
held by the AQB on February 21, 2001, and was adopted by the AQB on 
April 4, 2001. Utah's Rule R307-103-2 became State effective on April 
12, 2001. These SIP revisions were submitted by the Governor of Utah to 
us on August 15, 2001.
    Based on a letter from Richard W. Sprott, Director, Utah Division 
of Air Quality (UDAQ), to Richard Long, Director, Air and Radiation 
Program, dated May 18, 2005, Utah's Rules R307-120-8, R307-415-6d, and 
R307-415-10 were submitted for our reference only and should not be 
incorporated into the federally approved SIP. Furthermore, Utah's Rule 
R307-103 has been withdrawn based on a letter from the Governor of 
Utah, dated November 3, 2006. Therefore, we are only proposing to 
approve the removal of Utah's rules R307-102-3 and R307-414-3 from 
Utah's federally approved SIP. We have evaluated the Governor's 
submittal and have concluded that the State met the requirements for 
reasonable notice and public hearing under section 110(a)(2) of the 
CAA.
    The Utah Air Quality Board (AQB) held a public hearing on May 18, 
2006, to address revisions to Utah's Standards of Performance for New 
Stationary Sources (NSPS), R307-210. The revisions were adopted by the 
AQB and they became State effective on June 15, 2006. These revisions 
were submitted by the Governor of Utah to us on August 25, 2006.

III. EPA's Evaluation of the Submittal

A. Utah's Rule R307-102-3, ``Administrative Procedures and Hearings''

    We are approving the removal of Utah's Rule R307-102-3, 
``Administrative Procedures and Hearings,'' from Utah's federally 
approved SIP. Rule R307-102-3 designates whether certain proceedings 
and actions are to be conducted formally or informally. We approved 
this rule into the SIP on July 6, 1999 (64 FR 36248). These provisions 
are not required by the CAA and are, therefore, not required to be in 
Utah's SIP. However, the state has now deleted rule R307-102-3 and we 
are approving its removal from the SIP.

B. Utah's Rule R307-414-3, ``Request for Review''

    We are approving the removal of Utah's Rule R307-414-3, 
``Administrative Procedures and Hearings,'' from Utah's federally 
approved SIP. Rule R307-414-3 contains provisions on how to appeal the 
fee for UDAQ review of applications for new construction or 
modification requests. We approved this rule into the SIP on July 8, 
1994 (59 FR 35036). The CAA does not require that such provisions be in 
Utah's SIP. The state has now deleted rule R307-414-3 and we are 
approving the removal from the SIP.

C. Delegation of Authority

    The August 25, 2006 submittal revises Utah's Rule R307-210, 
``Stationary Sources'' by updating the incorporation by reference for 
new source performance standards (NSPS) to reflect updated versions of 
the federal regulations. R307-210 is the rule the State uses to 
implement our NSPS.
    On November 8, 2006, we issued a letter delegating responsibility 
for all sources located, or to be located, in the State of Utah subject 
to the NSPS in 40 CFR part 60:

Ref: 8P-AR

Dianne R. Nielson, Executive Director, Department of Environmental 
Quality, 150 North 1950 West, Salt Lake City, UT 84114-4820
    Dear Ms. Nielson: On August 25, 2006, the State submitted a 
revision to the Utah Air Quality Rules to the United States 
Environmental Protection Agency (EPA). Specifically, the State 
revised section R307-210-1. Standards of Performance for New 
Stationary Sources (NSPS), to incorporate the July 1, 2005 Code of 
Federal Regulations, and to make minor changes to the general 
provisions. This revision, in effect, updates the citation of the 
incorporated Federal NSPS to July 1, 2005.

[[Page 4643]]

    Subsequent to States adopting NSPS regulations, EPA delegates 
the authority for the implementation and enforcement of those NSPS, 
so long as the States' regulations are equivalent to the Federal 
regulations. EPA reviewed the pertinent statutes and regulations of 
the State of Utah and determined that they provide an adequate and 
effective procedure for the implementation and enforcement of the 
NSPS by the State of Utah. Therefore, pursuant to Section 111(c) of 
the Clean Air Act (Act), as amended, and 40 CFR Part 60, EPA hereby 
delegates its authority for the implementation and enforcement of 
the NSPS to the State of Utah as follows:
    (A) Responsibility for all sources located, or to be located, in 
the State of Utah subject to the standards of performance for new 
stationary sources promulgated in 40 CFR Part 60. The categories of 
new stationary sources covered by this delegation are all NSPS 
subparts in 40 CFR Part 60, as in effect on July 1, 2005, except 
subparts Cb, Cc, Cd, Ce, BBBB and DDDD, which the State has 
excluded. Additionally, these subparts require state plans which are 
approved under a separate process pursuant to Section 111(d) of the 
Act.
    (B) Not all authorities of NSPS can be delegated to States under 
Section 111(c) of the Act, as amended. The EPA Administrator retains 
authority to implement those sections of the NSPS that require: (1) 
approving equivalency determinations and alternative test methods, 
(2) decision-making to ensure national consistency, and (3) EPA 
rulemaking in order to implement. Enclosed with this letter is a 
list of examples of sections in 40 CFR Part 60 related to the NSPS 
being delegated in this letter that cannot be delegated to the State 
of Utah.
    (C) The Utah Department of Environmental Quality (DEQ) and EPA 
will continue a system of communication sufficient to guarantee that 
each office is always kept informed and current regarding compliance 
status of the subject sources and interpretation of the regulations.
    (D) Enforcement of the NSPS in the State will be the primary 
responsibility of the DEQ. If the DEQ determines that such 
enforcement is not feasible and so notifies EPA, or where the DEQ 
acts in a manner inconsistent with the terms of this delegation, EPA 
may exercise its concurrent enforcement authority pursuant to 
section 113 of the Act, as amended, with respect to sources within 
the State of Utah subject to NSPS.
    (E) The State of Utah will at no time grant a variance or waiver 
from compliance with NSPS regulations. Should DEQ grant such a 
variance or waiver, EPA will consider the source receiving such 
relief to be in violation of the applicable Federal regulation and 
initiate enforcement action against the source pursuant to Section 
113 of the Act. The granting of such relief by the DEQ shall also 
constitute grounds for revocation of the delegation by EPA.
    (F) If at any time there is a conflict between a State 
regulation and a Federal regulation (40 CFR Part 60), the Federal 
regulation must be applied if it is more stringent than that of the 
State. If the State does not have the authority to enforce the more 
stringent Federal regulation, this portion of the delegation may be 
revoked.
    (G) If the Regional Administrator determines that a State 
procedure for enforcing or implementing the NSPS is inadequate, or 
is not being effectively carried out, this delegation may be revoked 
in whole or part. Any such revocation shall be effective as of the 
date specified in a Notice of Revocation to the DEQ.
    (H) Acceptance of this delegation of presently promulgated NSPS 
does not commit the State of Utah to accept delegation of future 
standards and requirements. A new request for delegation will be 
required for any standards not included in the State's request of 
August 25, 2006.
    (I) Upon approval of the Regional Administrator of EPA Region 8, 
the Director of DEQ may sub-delegate his authority to implement and 
enforce the NSPS to local air pollution control authorities in the 
State when such authorities have demonstrated that they have 
equivalent or more stringent programs in force.
    (J) The State of Utah must require reporting of all excess 
emissions from any NSPS source in accordance with 40 CFR Part 
60.7(c).
    (K) Performance tests shall be scheduled and conducted in 
accordance with the procedures set forth in 40 CFR Part 60 unless 
alternate methods or procedures are approved by the EPA 
Administrator. Although the Administrator retains the exclusive 
right to approve equivalent and alternate test methods as specified 
in 40 CFR Part 60.8(b)(2) and (3), the State may approve minor 
changes in methodology provided these changes are reported to EPA 
Region 8. The Administrator also retains the right to change the 
opacity standard as specified in 40 CFR Part 60.11(e).
    (L) Determinations of applicability such as those specified in 
40 CFR Part 60.5 and review of plans, as provided for in 40 CFR Part 
60.6, shall be consistent with those determinations already made and 
reviews conducted by the EPA.
    (M) Alternatives to continuous monitoring procedures or 
reporting requirements, as outlined in 40 CFR Part 60.13(i), may be 
approved by the State with the prior concurrence of the Regional 
Administrator.
    (N) If a source proposes to modify its operation or facility 
which may cause the source to be subject to NSPS requirements, the 
State shall notify EPA Region 8 and obtain a determination on the 
applicability of the NSPS regulations.
    (O) Information shall be made available to the public in 
accordance with 40 CFR Part 60.9. Any records, reports, or 
information provided to, or otherwise obtained by, the State in 
accordance with the provisions of these regulations shall be made 
available to the designated representatives of EPA upon request.
    (P) All reports required pursuant to the delegated NSPS should 
not be submitted to the EPA Region 8 office, but rather to the DEQ.
    (Q) As 40 CFR Part 60 is updated, Utah should revise its 
regulations accordingly and in a timely manner and submit to EPA 
requests for updates to its delegation of authority.
    EPA is approving Utah's request for NSPS delegation for all 
areas within the State except for the following: lands within the 
exterior boundaries of the Skull Valley, Paiute, Navajo, Goshute, 
White Mesa, and Northwestern Shoshoni Indian Reservations; Indian 
country lands within the Uintah and Ouray Indian Reservation; and 
any other areas which are ``Indian Country'' within the meaning of 
18 U.S.C. 1151.
    Since this delegation is effective immediately, there is no need 
for the State to notify the EPA of its acceptance. Unless we receive 
written notice of objections from you within ten days of the date on 
which you receive this letter, the State of Utah will be deemed to 
accept all the terms of this delegation. EPA will publish an 
information notice in the Federal Register in the near future to 
inform the public of this delegation, in which this letter will 
appear in its entirety.
    If you have any questions on this matter, please contact me at 
(303) 312-6241 or have your staff contact Richard Long, Director of 
our Air and Radiation Program, at (303) 312-6005, or toll-free at 1-
800-227-8917.

 Sincerely,

Carol L. Campbell for Stephen S. Tuber
Assistant Regional Administrator, Office of Partnerships and 
Regulatory Assistance

Enclosure

cc: Richard W. Sprott, Director, Division of Air Quality
    Enclosure to Letter Delegating NSPS in 40 CFR Part 60, Effective 
Through July 1, 2005, to the State of Utah

   Examples of Authorities in 40 CFR Part 60 Which Cannot Be Delegated
------------------------------------------------------------------------
          40 CFR  Subparts                         Sections
------------------------------------------------------------------------
A...................................  60.8(b)(2) and (b)(3), and those
                                       sections throughout the standards
                                       that reference 60.8(b)(2) and
                                       (b)(3); 60.11(b) and (e).
Da..................................  60.45a.
Db..................................  60.44b(f), 60.44b(g) and
                                       60.49b(a)(4).
Dc..................................  60.48c(a)(4).
Ec..................................  60.56c(i), 60.8
J...................................  60.105(a)(13)(iii) and
                                       60.106(i)(12).
Ka..................................  60.114a.
Kb..................................  60.111b(f)(4), 60.114b,
                                       60.116b(e)(3)(iii),
                                       60.116b(e)(3)(iv), and
                                       60.116b(f)(2)(iii).
O...................................  60.153(e).
S...................................  60.195(b).
DD..................................  60.302(d)(3).
GG..................................  60.332(a)(4).
VV..................................  60.482-1(c)(2) and 60.484.
WW..................................  60.493(b)(2)(i)(A) and
                                       60.496(a)(1).
XX..................................  60.502(e)(6).
AAA.................................  60.531, 60.533, 60.534, 60.535,
                                       60.536(i)(2), 60.537, 60.538(e)
                                       and 60.539.
BBB.................................  60.543(c)(2)(ii)(B).
DDD.................................  60.562-2(c).
GGG.................................  60.592(c).

[[Page 4644]]

 
III.................................  60.613(e).
JJJ.................................  60.623.
KKK.................................  60.634.
NNN.................................  60.663(f).
QQQ.................................  60.694.
RRR.................................  60.703(e).
SSS.................................  60.711(a)(16), 60.713(b)(1)(i) and
                                       (ii), 60.713(b)(5)(i), 60.713(d),
                                       60.715(a) and 60.716.
TTT.................................  60.723(b)(1), 60.723(b)(2)(i)(C),
                                       60.723(b)(2)(iv), 60.724(e) and
                                       60.725(b).
VVV.................................  60.743(a)(3)(v)(A) and (B),
                                       60.743(e), 60.745(a) and 60.746.
WWW.................................  60.754(a)(5).
CCCC................................  The authorities identified in
                                       60.2030(c).
------------------------------------------------------------------------

IV. Section 110(l) of the Clean Air Act

    Section 110(l) of the Clean Air Act states that a SIP revision 
cannot be approved if the revision would interfere with any applicable 
requirement of the National Ambient Air Quality Standards (NAAQS) or 
any other applicable requirements of the Act. The revisions are 
administrative in nature, will not affect emissions, and will not 
interfere with requirements of the Act. Therefore, these revisions do 
not interfere with attainment or maintenance of the NAAQS or other 
applicable requirements of the Act.

V. Final Action

    EPA is approving a SIP revision submitted by the Governor of Utah 
on August 15, 2001. This SIP revision deletes rules R307-102-3, 
``Administrative Procedures and Hearings,'' and R307-414-3, ``Request 
for Review.'' We are removing Utah's rules R307-102-3 and R307-414-3 
from Utah's federally approved SIP. The Clean Air Act (CAA) does not 
require these rules to be in Utah's SIP. The specific changes being 
approved in this document are explained in more detail above (see 
III.A., and III.B.).
    In addition, as requested by the Utah Governor with his August 25, 
2006 submittal, we are providing notice that we granted delegation of 
authority to Utah on November 8, 2006, to implement and enforce the 
NSPS promulgated in 40 CFR part 60, effective as of July 1, 2005 
(except subparts Cb, Cd, Cd, Ce, BBBB, and DDDD). However, the State's 
NSPS authorities do not include those authorities which cannot be 
delegated to the states, as indicated in the delegation letter to the 
state (see III.C.).
    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 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision if adverse 
comments are filed. This rule will be effective April 2, 2007 without 
further notice unless the Agency receives adverse comments by March 5, 
2007. If the EPA receives adverse comments, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    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 absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register.

[[Page 4645]]

This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 2, 2007. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements.

40 CFR Part 60

    Air pollution control, Aluminum, Ammonium sulfate plants, 
Beverages, Carbon monoxide, Cement industry, Coal, Copper, Dry 
cleaners, Electric power plants, Fertilizers, Fluoride, Gasoline, Glass 
and glass products, Graphic arts industry, Household appliances, 
Insulation, Intergovernmental relations, Iron, Lead, Lime, Metallic and 
nonmetallic mineral processing plants, Metals, Motor vehicles, Natural 
gas, Nitric acid plants, Nitrogen dioxide, Paper and paper products 
industry, Particulate matter, Paving and roofing materials, Petroleum, 
Phosphate, Plastics materials and synthetics, Reporting and 
recordkeeping requirements, Sewage disposal, Steel, Sulfur oxides, 
Tires, Urethane, Vinyl, Waste treatment and disposal, Zinc.

    Dated: January 22, 2007.
Robert E. Roberts,
Regional Administrator, Region VIII.

0
For the reasons stated in the preamble, chapter I, title 40 of the Code 
of Federal Regulations is amended as follows:

PART 52--[AMENDED]

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

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

Subpart TT--Utah

0
2. Section 52.2352 is amended by adding paragraph (e) to read as 
follows:


Sec.  52.2352  Change to approved plan.

* * * * *
    (e) Utah Administrative Code (UAC) rule R307-102-3, Administrative 
Procedures and Hearings, and R307-414-3, Request for Review, are 
removed from Utah's approved State Implementation Plan (SIP). These 
provisions are not required by the CAA and are, therefore, not required 
to be in Utah's SIP. These provisions were last approved in 40 CFR 
52.2320(c)(59)(i)(A).

PART 60--[AMENDED]

0
3. The authority citation for part 60 continues to read as follows:

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

Subpart A--General Provisions

0
4. In Sec.  60.4(c), amend the table entitled ``Delegation Status of 
New Source Performance Standards [(NSPS) for Region VIII]'' by revising 
the entries for subpart ``AAAA'' and ``CCCC'' to read as follows:


Sec.  60.4  Addresses.

* * * * *
    (c) * * *

                              Delegation Status of New Source Performance Standards
                                            [(NSPS) for region VIII]
----------------------------------------------------------------------------------------------------------------
                       Subpart                           CO        MT        ND        SD        UT        WY
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
AAAA-Small Municipal Waste Combustors...............  ........      (*)       (*)   ........      (*)       (*)
CCCC-Commercial and Industrial Solid Waste            ........      (*)       (*)   ........      (*)      (*)
 Incineration Units.................................
----------------------------------------------------------------------------------------------------------------
(*) Indicates approval of State regulation.

* * * * *
[FR Doc. E7-1619 Filed 1-31-07; 8:45 am]
BILLING CODE 6560-50-P