Approval and Promulgation of State Implementation Plans; Utah: Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring Rule, 54602-54605 [2013-21611]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Proposed Rules]
[Pages 54602-54605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21611]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2012-0300; FRL-9900-66-Region8]


Approval and Promulgation of State Implementation Plans; Utah: 
Prevention of Significant Deterioration; Greenhouse Gas Permitting 
Authority and Tailoring Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to partially approve and partially disapprove 
revisions to the Utah State Implementation Plan (SIP) relating to 
regulation of Greenhouse Gases (GHGs) under Utah's Prevention of 
Significant Deterioration (PSD) program and other SIP provisions. These 
revisions were submitted to EPA on April 14, 2011 by the Governor. The 
GHG-related SIP revisions are designed to align Utah's regulations with 
the GHG emission thresholds established in EPA's ``PSD and Title V 
Greenhouse Gas Tailoring Final Rule,'' which EPA issued by notice dated 
June 3, 2010. In today's action, EPA is proposing to approve the GHG 
(as it relates to the PSD program) revisions because the Agency has 
determined that this SIP revision, which is already adopted by Utah as 
a final effective rule, is in accordance with the Clean Air Act (CAA or 
Act) and EPA regulations regarding PSD permitting for GHGs.

DATES: Comments must be received on or before September 26, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2012-0300, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions for 
submitting comments.
     Email: ostendorf.jody@epa.gov.
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Carl Daly, Director, Air Program, Environmental 
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop St., 
Denver, Colorado 80202-1129.
     Hand Delivery: Carl Daly, Director, Air Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop St., Denver, Colorado 80202-1129. Such deliveries are only 
accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding 
Federal holidays. Special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2011-0300. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an anonymous access system, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA, without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at 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, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop St., 
Denver, Colorado 80202-1129. EPA requests that if at all possible, you 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section to view the hard copy of the docket. You may view the hard copy 
of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, Mailcode 
8P-AR, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
St., Denver, Colorado 80202-1129, (303) 312-7814, 
ostendorf.jody@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA.

Table of Contents

I. What action is EPA taking in this proposed rule?
II. Background for Our Proposed Action
III. Utah's Actions
IV. EPA's Analysis of Utah's Proposed SIP Revisions
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What action is EPA taking in this proposed rule?

    In a letter dated April 14, 2011, the Governor of Utah submitted a 
request to EPA to approve revisions to the State's SIP and Title V 
program to incorporate recent rule amendments adopted by the Utah Air 
Quality Board on December 1, 2010. These adopted rules became effective 
in the Utah Administrative Code on January 1, 2011. These amendments 
establish thresholds for GHG emissions in Utah's PSD and Title V 
regulations at the same emissions thresholds and in the same time-
frames as those specified by EPA in the ``PSD

[[Page 54603]]

and Title V Greenhouse Gas Tailoring; Final Rule'' (75 FR 31514 (June 
3, 2010)), hereinafter referred to as the ``Tailoring Rule,'' ensuring 
that smaller GHG sources emitting less than these thresholds will not 
be subject to permitting requirements for GHGs that they emit. The 
requested amendments to the SIP will clarify the applicable thresholds 
in the Utah SIP, address the flaw discussed in the ``Limitation of 
Approval of Prevention of Significant Deterioration Provisions 
Concerning Greenhouse Gas Emitting-Sources in State Implementation 
Plans Final Rule,'' 75 FR 82536 (December 30, 2010) (the ``PSD SIP 
Narrowing Rule''), and incorporate state rule changes adopted at the 
state level into the federally-approved SIP.
    We are proposing to approve amendments to the following rules: 
R307-405-3 (Permits: Major Sources in Attainment or Unclassified Areas 
(PSD), Definitions); and R307-401-9 (Permit: New and Modified Sources, 
Small Source Exemption). We are not acting on the changes to R307-415-3 
(Permits: Operating Permit Requirements, Definitions) and related 
definitions in R307-405-3 in this notice because approval of Title V 
program revisions is handled separately and because Title V is not part 
of the SIP. Additionally, consistent with our June 12, 2013 proposal 
(78 FR 35181), we are proposing to disapprove the changes to the 
following: R307-401-7 (Public Notice), which was effective in the Utah 
Administrative Code on December 1, 2010; and change to R307-401-9(b) 
and portions of (c) (Small Source Exemption), which were effective in 
the Utah Administrative Code on January 1, 2011. Finally, consistent 
with our final action on July 15, 2011 (76 FR 41712), we are proposing 
to disapprove R307-405-3(2)(a)(i) because it defines ``Minor Source 
Baseline Date'' in a manner inconsistent with the federal definition 
found at 40 CFR 52.21(b)(14).

II. Background for Our Proposed Action

    Clean Air Act (CAA) section 110(a)(2)(C) requires states to develop 
and submit to EPA for approval into the state SIP preconstruction 
review and permitting programs applicable to certain new and modified 
stationary sources of air pollutants. There are three separate 
programs: Prevention of Significant Deterioration (PSD), Nonattainment 
New Source Review (NNSR), and Minor NSR. The PSD program is established 
in part C of title I of the CAA and applies in areas that meet the 
National Ambient Air Quality Standards (NAAQS)--``attainment areas''--
as well as areas where there is insufficient information to determine 
if the area meets the NAAQS--``unclassifiable areas.'' The NNSR program 
is established in part D of title I of the CAA and applies in areas 
that are not in attainment of the NAAQS--``nonattainment areas.'' The 
Minor NSR program (1) addresses construction or modification activities 
that do not emit, or have the potential to emit, beyond certain major 
source thresholds and thus do not qualify as ``major'' and (2) applies 
regardless of the designation of the area in which a source is located. 
EPA regulations governing the criteria that states must satisfy for EPA 
approval of the NSR programs as part of the SIP are contained in 40 CFR 
51.160--51.166.
    PSD is implemented through the SIP system. In December 2010, EPA 
promulgated several rules to implement the new GHG PSD SIP program. 
Recognizing that some states had approved SIP PSD programs that did not 
apply PSD to GHGs, EPA issued a SIP Call and, for some of these states, 
a Federal Implementation Plan (FIP).\1\ Recognizing that other states 
had approved SIP PSD programs that do apply PSD to GHGs, but that do so 
for sources that emit as little as 100 or 250 tons per year (tpy) of 
GHG, and that do not limit PSD applicability to GHGs to the higher 
thresholds in the Tailoring Rule, EPA issued the PSD SIP Narrowing 
Rule. Under that rule, EPA converted its previous full approval of the 
affected SIPs to a partial approval and partial disapproval, including 
Utah's, to the extent those SIPs covered GHG-emitting sources below the 
Tailoring Rule thresholds. EPA based its action primarily on the 
``error correction'' provisions of CAA section 110(k)(6). Many of those 
states have since submitted SIP revisions that have established the 
Tailoring Rule thresholds, and EPA has approved those SIP revisions and 
rescinded partial disapprovals.
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    \1\ Specifically, by action dated December 13, 2010, EPA 
finalized a ``SIP Call'' that would require those states with SIPs 
that have approved PSD programs but do not authorize PSD permitting 
for GHGs to submit a SIP revision providing such authority. ``Action 
To Ensure Authority To Issue Permits Under the Prevention of 
Significant Deterioration Program to Sources of Greenhouse Gas 
Emissions: Finding of Substantial Inadequacy and SIP Call,'' 75 FR 
77698 (December 13, 2010). EPA made findings of failure to submit in 
some states which were unable to submit the required SIP revision by 
their deadlines, and finalized FIPs for such states. See, e.g. 
``Action To Ensure Authority To Issue Permits Under the Prevention 
of Significant Deterioration Program to Sources of Greenhouse Gas 
Emissions: Finding of Failure To Submit State Implementation Plan 
Revisions Required for Greenhouse Gases,'' 75 FR 81874 (December 29, 
2010); ``Action To Ensure Authority To Issue Permits Under the 
Prevention of Significant Deterioration Program to Sources of 
Greenhouse Gas Emissions: Federal Implementation Plan,'' 75 FR 82246 
(December 30, 2010). Because Utah's SIP already authorizes Utah to 
regulate GHGs once GHGs became subject to PSD requirements on 
January 2, 2011, Utah is not subject to the SIP Call or FIP.
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III. Utah's Actions

    On April 14, 2011, Utah submitted a letter to EPA, in accordance 
with a request to all states from EPA in the Tailoring Rule, with 
confirmation that the State of Utah has the authority to regulate GHGs 
in its PSD program. The letter also confirmed Utah's intent to amend 
its air quality rules for the PSD program for GHGs to match the 
thresholds set in the Tailoring Rule. See the docket for this proposed 
rulemaking for a copy of Utah's letter. Utah has a current SIP-approved 
PSD program, and has most recently been approved by EPA to incorporate 
the 2002 NSR Reform revisions for PSD into its SIP. See 76 FR 41712 
(July 15, 2011). As described in our July 15, 2011 notice of approval 
(with the exceptions noted in that notice and, as applicable, also 
explained in this notice), Utah's PSD program at that date met the 
general requirements of CAA section 110(a)(2)(C).
    In the PSD SIP Narrowing Rule, published on December 30, 2010, EPA 
withdrew its approval of Utah's SIP (among other states' SIPs) to the 
extent that the SIP applies PSD permitting requirements to GHG 
emissions from sources emitting at levels below those set in the 
Tailoring Rule.\2\ As a result, Utah's current approved SIP provides 
the state with authority to regulate GHGs, but only at and above the 
Tailoring Rule thresholds; and requires new and modified sources to 
receive a federal PSD permit based on GHG emissions only if they emit 
or have potential to emit at or above the Tailoring Rule thresholds.
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    \2\ ``Limitation of Approval of Prevention of Significant 
Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources 
in State Implementation Plans; Final Rule.'' 75 FR 82536 (December 
30, 2010).
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    The basis for proposing approval of this SIP revision is that 
limiting PSD applicability to GHG sources with the higher thresholds in 
the Tailoring Rule is consistent with the SIP provisions that require 
assurances of adequate resources. This revision addresses the flaw in 
the Utah SIP that led to the PSD SIP Narrowing Rule. Specifically, CAA 
section 110(a)(2)(E) includes as a requirement for SIP approval that 
states provide ``necessary assurances that the state . . . will have 
adequate personnel [and] funding . . . to carry out such [SIP].'' In 
the Tailoring Rule, EPA

[[Page 54604]]

established higher thresholds for PSD applicability to GHG-emitting 
sources, in part, because the states generally did not have adequate 
resources to apply PSD to GHG-emitting sources below the Tailoring Rule 
thresholds,\3\ and no state, including Utah, asserted that it did have 
adequate resources to do so.\4\ In the PSD SIP Narrowing Rule, EPA 
found that the affected states, including Utah, had a flaw in their SIP 
at the time they submitted their PSD programs, which was that the 
applicability of the PSD programs was potentially broader than the 
resources available to them under their SIP.\5\ Accordingly, for each 
affected state, including Utah, EPA concluded that EPA's action in 
approving the SIP was in error, under CAA section 110(k)(6), and EPA 
rescinded its approval to the extent the PSD program applies to GHG-
emitting sources below the Tailoring Rule thresholds.\6\ EPA 
recommended that states adopt a SIP revision to incorporate the 
Tailoring Rule thresholds, thereby (i) assuring that under state law, 
only sources at or above the Tailoring Rule thresholds would be subject 
to PSD; and (ii) avoiding confusion under the federally approved SIP by 
clarifying that the SIP applies only to sources at or above the 
Tailoring Rule thresholds.\7\
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    \3\ Tailoring Rule, 75 FR at 31517.
    \4\ PSD SIP Narrowing Rule, 75 FR at 82540.
    \5\ Id. at 82542.
    \6\ Id. at 82544.
    \7\ Id. at 82540.
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    Utah's April 14, 2011, SIP submission establishes thresholds for 
determining which stationary sources and modification projects become 
subject to permitting requirements for GHG emissions under Utah's PSD 
program. Specifically, the SIP revision includes changes--which are 
already effective in Utah's Administrative Code--revising R307-405-3 
and R307-415-3 to incorporate changes to Title 40 of the Code of 
Federal Regulations that address GHG emissions from stationary sources, 
required by the May 13, 2010 EPA final rule. The amendments to R307-
401-9 exclude sources from the requirement to obtain an Approval Order 
if their GHG emissions are below the thresholds established by EPA.
    The changes to Utah's PSD program regulations are substantively the 
same as the federal provisions amended in EPA's Tailoring Rule.

IV. EPA's Analysis of Utah's Proposed SIP Revisions

    Utah has adopted and submitted regulations that are substantively 
similar to the federal requirements for the permitting of GHG-emitting 
sources subject to PSD. We propose to conclude that the revisions are 
consistent with the requirements of 40 CFR 51.166, in particular 
requirements set out in EPA's final GHG Tailoring Rule, and that the 
revisions should be approved into Utah's SIP.
    R307-401-9 (Small Source Exemption), was revised to exclude sources 
from the requirement to obtain an approval order if their GHG emissions 
are below the thresholds established by EPA, and adopted into the State 
rules (R307-401-9(5)). Therefore, preconstruction permits for GHGs are 
only required under the PSD permitting program, thus exempting minor 
sources from GHG permitting.
    R307-405-3 (Definitions), was revised to amend the definition of 
``subject to regulation'' to include ``greenhouse gases (GHGs)'' as 
defined in 40 CFR 86.1818-12(a). R307-405-3 was modified to establish 
thresholds for permitting of GHGs under the PSD program. Definitions 
for the terms ``GHGs'', ``emissions increase'' and ``tpy CO2 
equivalent emissions (CO2e)'', were added to this rule. 
Applicability thresholds for several different types of permitting 
scenarios were also added. Therefore, we are proposing to approve the 
state's additions to R307-405-3(9) as they are consistent with the 
federal rule provisions in 40 CFR 51.166(b)(48).
    We are proposing to approve R307-405-3(2)(e). This is a new rule 
that is not currently in the SIP. The rule explains that ``certain 
definitions or portions of definitions that apply to the equipment 
repair and replacement provisions are not incorporated into the SIP 
because these provisions were vacated by the D.C. Circuit Court of 
Appeals''. We are proposing to approve this rule as it is consistent 
with the federal definitions.
    We are also proposing to approve R307-405-3(2)(f). This is a new 
rule and makes changes to the definition of ``Regulated NSR Pollutant'' 
in 40 CFR 52.21(b)(50). We are proposing to approve this rule, as the 
State's rule is consistent with the federal definition, which is now at 
40 CFR 52.21(b)(49) and 40 CFR 51.166(b)(49).
    There are six provisions in the R307-405-3 in the State submittal 
that are identical in rule number and language to the definitions we 
approved in our July 15, 2011 approval (76 FR 41712) and we are 
proposing to approve these definitions as resubmitted. These provisions 
include: R307-405-3(1) (adopting by reference the definitions in 40 CFR 
52.21(b) with exceptions as noted in the rules); R307-405-3(2)(c) 
(definition of ``Reviewing Authority''); R307-405-3(2)(d) (definition 
of ``Administrator''); R307-405-3(4) (definition of ``Heat Input''); 
R307-405-3(7) (definition of ``Good Engineering Practice''); R307-405-
3(8) (definition of ``Dispersion Technique'');
    There are two definitions in the State submittal where the 
definition is the same as in the current SIP, but the current submittal 
contains a new rule number. We are proposing to approve the following 
definitions and rule numbers: R307-405-3(2)(a)(ii) (definition of 
``Minor Source Baseline Date''), which is located in the current SIP at 
R307-405-3(3)(a)(ii); and R307-405-3(3) /(definition of ``Air Quality 
Related Values''), which is located in the current SIP at R307-405-
3(2).
    We are not acting on rule provisions related to the Title V 
program. There are two specific definitions we are not acting on: R307-
405-3(5) (definition of ``Title V Permit'') and R307-405-3(6) 
(definition of ``Title V Operating Permit Program''). The State also 
submitted R307-415-3 (all the definitions for the Operating Permit 
Program). We are not acting on these definitions in this notice because 
approval of the Title V program revisions is handled separately and 
Title V is not part of the SIP.
    Additionally, consistent with our June 12, 2013 proposal (78 FR 
35181), we are proposing to disapprove the State's submittal of R307-
401-7 (Permit: New and Modified Sources, Public Notice), which was 
effective in the Utah Administrative Code on December 1, 2010.\8\
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    \8\ As we explained in our June 12, 2013 notice, R307-401-7 
revised Utah's public notice procedures to allow for a 10-day public 
comment period for an approval or disapproval order issued under 
R307-401-8. The rule allows for the public comment period to be 
increased to 30 days under certain conditions. We note that the 
public comment period for an approval or disapproval order currently 
in Utah's federally approved SIP is 30 days. (See R307-1-3.1.3) 
Federal regulations for Public Availability of Information found at 
40 CFR 51.161(b)(2) require at a minimum a 30-day public comment 
period for the permitting of a source, including minor source 
permits. In addition, the 30-day comment period is important to 
allow adequate opportunity for comment by other affected states, 
federal agencies, and the public.
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    Also consistent with our June 2013 proposal we are proposing to 
partially approve and partially disapprove R307-401-9 (Permit: New and 
Modified Sources, Small Source Exemption). We are proposing to approve 
R307-401-9(5), which excludes sources whose GHG emission are below 
established EPA thresholds for GHG from the requirement to obtain an 
Approval Order. However, we are proposing to disapprove paragraph (b) 
and the portions of paragraph (c) that reference paragraph (b). We are 
proposing to

[[Page 54605]]

disapprove R307-401-9(b) and the phrase ``or (b)'' in paragraph (c) 
because EPA lacks authority in an action on a SIP revision under CAA 
section 110 to approve provisions addressing hazardous air pollutants. 
Thus we are proposing to disapprove these specific provisions.
    Finally, consistent with our final action on July 15, 2011 (76 FR 
41712), we are proposing to disapprove R307-405-3(2)(a)(i) because it 
defines ``Minor Source Baseline Date'' in a manner inconsistent with 
the federal definition found at 40 CFR 52.21(b)(14).\9\
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    \9\ As we explained in our 2011 notice, ``Utah has adopted a 
specific definition of ``Major Source Baseline Date,'' found at 
R307-405-3(3)(a)(i), in its revised PSD rule. This definition 
deviates from the definition found in 40 CFR 52.21(b)(14) and the 
corresponding requirement for state PSD programs at 51.166(b)(14). 
Utah's definition specifies that the major source baseline date for 
particulate matter 10 microns in diameter or less (PM[10]) is the 
``date that EPA approves the PM[10] maintenance plan that was 
adopted by the Board on July 6, 2005'' for Davis, Salt Lake, Utah, 
and Weber Counties. The requirement for State programs at 40 CFR 
51.166(b)(14) specifies January 6, 1975 as the major source baseline 
date for particulate matter, and the current EPA-approved SIP for 
Utah also specifies January 6, 1975 as the major source baseline 
date for PM-10 for the entire State (refer to Utah's SIP-approved 
rule R307-101-2 ``Definitions''). EPA is not aware of any authority 
for it to approve into a SIP a different major source baseline date 
other than January 6, 1975. Further, we note there is no provision 
in the CAA for using a different date if an area was in a legally 
designated non-attainment status on January 6, 1975. EPA is taking 
final action to disapprove Utah's definition of ``Major Source 
Baseline Date,'' and therefore, the current federally-approved 
definition found in R307-101-2 would continue to apply as a 
federally enforceable provision in lieu of the State-adopted 
version.'' 76 FR 41716
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V. Proposed Action

    Pursuant to section 110 of the CAA, EPA is proposing to approve 
Utah's April 14, 2011 revisions to the Utah SIP, relating to PSD 
requirements for GHG-emitting sources. Specifically, Utah's proposed 
SIP revisions establishes appropriate emission thresholds for 
determining PSD applicability to new and modified GHG-emitting sources 
in accordance with EPA's Tailoring Rule. EPA has made the preliminary 
determination that these rules that are included in the SIP submittal 
are approvable because they are in accordance with the CAA and EPA 
regulations regarding PSD permitting for GHGs.
    We are proposing to approve changes to the following rules: R307-
401-9(5) (Small Source Exemption), R307-405-3(9) (Definitions), R307-
405-3(2)(e) and R307-405-3(2)(f). We are proposing to approve the 
following definitions and new rule numbers: R307-405-3(2)(a)(ii) 
(definition of ``Minor Source Baseline Date''), which is located in the 
current SIP at R307-405-3(3)(a)(ii); and R307-405-3(3) (definition of 
``Air Quality Related Values''), which is located in the current SIP at 
R307-405-3(2).
    For the reasons stated above, we are proposing to disapprove the 
State's submittal of R307-401-7 (New and Modified Sources, Public 
Notice), R307-401-9(b) and the phrase ``or (b)'' in paragraph (c) 
(Small Source Exemption, exemption for certain hazardous air pollutant 
sources), and R307-405-3(2)(a)(i) (Definition of ``Major Source 
Baseline Date'').
    Finally, as stated above, we are not acting on rule provisions 
related to the Title V program because Title V is not part of the SIP 
(R307-405-3(5) (definition of ``Title V Permit'', R307-405-3(6) 
(definition of ``Title V Operating Permit Program''), R307-415-3 
(Operating Permit Requirements, Definitions).
    Once EPA finalizes approval of Utah's changes to its air quality 
regulations to incorporate appropriate thresholds for GHG permitting 
applicability into Utah's SIP, section 52.2323 of 40 CFR part 52, added 
in EPA's PSD SIP Narrowing Rule to codify the limitation of its 
approval of Utah's PSD SIP to exclude the applicability of PSD to GHG-
emitting sources below the Tailoring Rule thresholds, will no longer be 
necessary. In this action, EPA is also proposing to amend section 
52.2323 of 40 CFR part 52 to remove this unnecessary regulatory 
language.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely approves some state law as meeting federal 
requirements and disapproves other state law because it does not meet 
federal requirements; this proposed action does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999); is not an 
economically significant regulatory action based on health or safety 
risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and,
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have Tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the State, 
and EPA notes that it will not impose substantial direct costs on 
Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: August 28, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2013-21611 Filed 9-4-13; 8:45 am]
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