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OAR Box 1796 

Prepped by Keeia Richards 

Document Number: 

45) V-A-01 

Docket Number: 

A-90-37 

Printed 10/31/2008 4:20:37 PM Sheet 45 of 107 
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V-IA-OI 

6560-50-P 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Parts 51 and 52 

[AD-FRL- ] 

RIN- EPA AIR DOCKET 

Approval and Promulgation of Implementation Plans; 

Prevention of Significant Deterioration (PSD) 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Final rule. 

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. 
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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. 

SUP PLEMENTARY 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 SICa NAICSb 

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 
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Pulp and Paper Mills 261 32211, 322121, 322122, 

32213 

Paper Mills 262 322121, 322122 

Automobile 371 336111, 336112, 336712, 

Manufacturing 336211, 336992, 336322, 

336312, 33633, 33634, 

33635, 336399, 336212, 

336213 

Pharmaceuticals 283 325411, 325412, 325413, 

325414 

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 
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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 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. 
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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 [INSERT DATE 60 DAYS AFTER DATE OF 

PUBLICATION IN FEDERAL REGISTER.] 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 . 
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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 
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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), we1 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 

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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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 section 52.21 by reference 

into the SIP's in subparts B through DDD of part 52. (See 

39 FR 42514 concerning section 52.21(a), plan disapproval.) 

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 section 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 section 

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 
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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.'2'd 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 section 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 section 
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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) at 63 FR 39857 to 

solicit further comment on three specific aspects of the 

proposed revisions: determining baseline emissions, actualto-future-actual methodology (later renamed as the actualto-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-90-3 7. On December 31, 

2002 (67 FR 80186), we published notice of final action on 
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several of the changes that were proposed in 1996 and 

noticed in 1998: . 
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baseline emissions determinations, the actual-to-projectedactual 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-
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approved PSD program in those jurisdictions. (See, for 

example, section 52.632, which incorporates section 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 section 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 section 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 
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program in those jurisdictions through regulatory provisions 

in 4 0 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 section 52.21 (u). When finalizing the new 

applicability provisions that we proposed in 1996, however, 

the relevant parts of section 52.21 were extended from 

section 52.21(b) through (w) to section 52.21(a)(2) and (b) 

through (bb). Therefore, today's final regulations 

incorporate by reference the new section 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 section 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 section 

52.21(a)(1), the provisions of section 52.21 are applicable 

to all lands owned by the Federal Government and Indian 
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Reservations located in each State. Therefore, we are 

incorporating the Federal PSD Program contained in section 

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 §52.21 

that were promulgated on December 31, 2002. (See 67 FR 

80240.) 

II. Statutory and Executive Order Reviews 

A. Executive Order 12866 — 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 
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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 sections 51.165, 51.166, 

and 52.21 (67 FR 80243) will be contained in two different 
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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. 123 0.10) extending the approval of the 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 requirements 

included in ICR No. 2074.01 are not effective until OMB 

approves them. 
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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 
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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. 
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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 Analysis 

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 
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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. 
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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. sections 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" 
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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 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 

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 
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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 
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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. 
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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 
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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. 
P.29 

28 

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, 
P.30 

29 

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 

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 13 045—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 
P.31 

30 

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 
P.32 

31 

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 

Section 12(d) of the National Technology Transfer and 

Advancement Act of 1995 (NTTAA), Pub. L. No. 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, 
P.33 

32 

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. 
P.34 

33 

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. 

February 28, 2 003_ 

Dated: 

/s/ 

Christine Todd Whitman, Administrator. 
34 

For the reasons set out in the preamble, title 40, 

chapter I of the Code of Federal Regulations is amended as 

follows: 

PART 52 - TAmended! 

1. The authority citation for part 52 continues to 

read as follows: 

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

Subpart C - fAmendedl 

2. Section 52.96 is amended by revising paragraph (b) 

to read as follows. 

§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 

§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 - fAmendedl 

3. Section 52.144 is amended by revising paragraph (b) 

to read as follows. 

§52.144 Significant deterioration of air quality. 
P.36 

35 

**** * 

(b) Regulation for preventing significant 

deterioration of air quality. The provisions of 

§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. 

Subpart E - TAmendedl 

4. Section 52.181 is amended by revising paragraph (b) 

to read as follows. 

§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 §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 - fAmendedl 

5. Section 52.270 is amended by revising paragraphs 

(a)(3), (b)(1) introductory text, (b)(2) introductory text, 
P.37 

36 

(b)(3) introductory text, and (b)(4) introductory text to 

read as follows. 

§52.270 Significant deterioration of air quality. 

(a) * * * 

(3) The provisions of §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 §52.21 in certain cases. The provisions of 

§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 §52.21 in certain cases. The provisions of 

§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: 

**** * 
P.38 

37 

(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 §52.21 in certain cases. The provisions of 

§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 §52.21 in certain cases. The provisions 

of §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 - [Amendedl 

6. Section 52.343 is amended by revising paragraph (b) 

to read as follows. 

§52.343 Significant deterioration of air quality. 

* * * * * 

(b) Regulations for preventing significant 

deterioration of air quality. The provisions of 
P.39 

38 

§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 - [Amendedl 

8. Section 52.499 is amended by revising paragraph (b) 

to read as follows. 

§52.499 Significant deterioration of air quality. 

**** * 

(b) Regulations for preventing significant 

deterioration of air quality. The provisions of 

§52.21(a)(2) and (b) through (bb) are hereby incorporated 
P.40 

39 

and made a part of the applicable State plan for the 

District of Columbia. 

Subpart K - [Amendedl 

9. Section 52.530 is amended by revising paragraph (d) 

introductory text to read as follows. 

§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 §52.21(a)(2) and (b) through (bb) are 

hereby incorporated by reference and made a part of the 

Florida plan for: 

**** * 

Subpart M - [Amendedl 

10. Section 52.632 is amended by revising paragraph 

(b) to read as follows. 

§52.632 Significant deterioration of air quality. 

**** * 

(b) Regulations for preventing significant 

deterioration of air quality. The provisions of 

§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. 
P.41 

40 

Subpart N - [Amendedl 

11. Section 52.683 is amended by revising paragraphs 

(b) and (c) to read as follows. 

§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 

§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 §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 §52.21 prior to August 22, 1986. 

Subpart 0 - [Amendedl 

12. Section 52.738 is amended by revising paragraph 

(b) to read as follows. 
P.42 

41 

§52.738 Significant deterioration of air quality. 

**** * 

(b) Regulations for preventing significant 

deterioration of air quality. The provisions of 

§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. 

§52.793 Significant deterioration of air quality. 

**** * 

(b) Regulations for preventing significant 

deterioration of air quality. The provisions of 

§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 0 - [Amendedl 

14. Section 52.833 is amended by revising paragraph 

(b) to read as follows. 

§52.833 Significant deterioration of air quality. 

**** * 
P.43 

42 

(b) Regulations for preventing significant 

deterioration of air quality. The provisions of 

§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 - [Amendedl 

15. Section 52.986 is amended by revising paragraph 

(b) to read as follows. 

§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 §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 - [Amendedl 

16. Section 52.1165 is amended by revising paragraph 
P.44 

43 

(b) to read as follows. 

§52.1165 Significant deterioration of air quality. 

**** * 

(b) Regulation for preventing significant 

deterioration of air quality. The provisions of 

§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 - [Amendedl 

17. Section 52.1180 is amended by revising paragraph 

(b) to read as follows. 

§52.1180 Significant deterioration of air quality. 

**** * 

(b) Regulations for preventing significant 

deterioration of air quality. The provisions of 

§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 - [Amendedl 

18. Section 52.1234 is amended by revising paragraph 

(b) to read as follows. 

§52.1234 Significant deterioration of air quality. 

**** * 
44 

(b) Regulations for preventing significant 

deterioration of air quality. The provisions of 

§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 - [Amendedl 

19. Section 52.1382 is amended by revising paragraph 

(b) to read as follows. 

§52.1382 Prevention of significant deterioration of air 

quality. 

**** * 

(b) Regulation for preventing significant 

deterioration of air quality. The provisions of 

§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 - [Amendedl 

20. Section 52.1436 is amended by revising the 

introductory text to read as follows. 

§52.1436 Significant deterioration of air quality. 
P.46 

45 

The requirements of sections 160 through 165 of the 

Clean Air Act are met except as noted below. The EPA is 

retaining §52.21(a)(2) and (b) through (bb) as part of the 

Nebraska SIP for the following types of sources: 

**** * 

Subpart DP - [Amendedl 

21. Section 52.1485 is amended by revising paragraph 

(b) to read as follows. 

§52.1485 Significant deterioration of air quality. 

**** * 

(b) Regulation for preventing significant 

deterioration of air quality. The provisions of 

§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 - [Amendedl 

22. Section 52.1603 is amended by revising paragraph 

(b) to read as follows. 

§52.1603 Significant deterioration of air quality. 

**** * 

(b) Regulations for preventing significant 

deterioration of air quality. The provisions of 
P.47 

46 

§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 - [Amendedl 

23. Section 52.1634 is amended by revising paragraph 

(b) to read as follows. 

§52.1634 Significant deterioration of air quality. 

**** * 

(b) The requirements of section 160 through 165 of the 

Clean Air Act are not met for federally designated Indian 

lands. Therefore, the provisions of §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 HH - [Amendedl 

24. Section 52.1689 is amended by revising paragraph 

(b) to read as follows. 

§52.1689 Significant deterioration of air quality. 

**** * 

(b) Regulations for preventing significant 

deterioration of air quality. The provisions of 

§52.21(a)(2) and (b) through (bb) are hereby incorporated 
47 

and made a part of the applicable state plan for the State 

of New York. 

Subpart JJ - [Amendedl 

25. Section 52.1829 is amended by revising paragraph 

(b) to read as follows. 

§52.1829 Prevention of significant deterioration of air 

quality. 

**** * 

(b) Regulation for preventing of significant 

deterioration of air quality. The provisions of 

§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 - [Amendedl 

26. Section 52.1929 is amended by revising paragraph 

(a) introductory text to read as follows. 

§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 §52.21(a)(2) and (b) through 

(bb) are hereby incorporated by reference, made part of the 
P.49 

48 

Oklahoma State implementation plan and are applicable to the 

following major stationary sources or major modifications: 

**** * 

Subpart MM - [Amendedl 

27. Section 52.1987 is amended by revising paragraph 

(c) to read as follows. 

§52.1-987 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 

§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 00 - [Amendedl 

28. Section 52.2178 is amended by revising paragraph 

(b) to read as follows. 

§52.2178 Significant deterioration of air quality. 

**** * 

(b) Regulations for preventing significant 

deterioration of air quality. The provisions of 

§52.21(a)(2) and (b) through (bb) are hereby incorporated 
P.50 

49 

and made a part of the applicable State plan for the State 

of South Dakota. 

**** * 

Subpart RR - [Amendedl 

29. Section 52.2233 is amended by revising paragraph 

(b) introductory text to.read as follows. 

§52.2233 Significant deterioration of air quality. 

**** * 

(b) The requirements of §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 52.23 03 is amended by revising paragraphs 

(c) and (d) to read as follows. 

§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 §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 
P.51 

50 

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 

§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 - [Amendedl 

31. Section 52.2346 is amended by revising paragraph 

(b) to read as follows. 

§52.2346 Significant deterioration of air quality. 

**** * 

(b) Regulation for prevention of significant 

deterioration of air quality. The provisions of 

§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. 
P.52 

51 

§52.2497 Significant deterioration of air quality. 

**** * 

(b) Regulations for preventing significant 

deterioration of air quality. The provisions of 

§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 - [Amendedl 

33. Section 52.2581 is amended by revising paragraph 

(e) to read as follows. 

§52.2581 Significant deterioration of air quality. 

**** * 

(e) Regulations for the prevention of the significant 

deterioration of air quality. The provisions of 

§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 - [Amendedl 

34. Section 52.2630 is amended by revising paragraph 

(b) introductory text to read as follows. 

§52.2630 Prevention of significant deterioration of air 
P.53 

52 

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 §52.21(a)(2) and (b) through 

(bb) are hereby incorporated by reference and made a part of 

the State implementation plan for the State of Wyoming and 

are applicable to the following proposed major stationary 

sources or major modifications: 

**** * 

Subpart AAA - [Amendedl 

35. Section 52.2676 is amended by revising paragraph 

(b) to read as follows. 

§52.2676 Significant deterioration of air quality. 

**** * 

(b) Regulations for preventing significant 

deterioration of air quality. The provisions of 

§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 - [Amendedl 

36. Section 52.2729 is amended by revising paragraph 

(b) to read as follows. 
53 

§52.2729 Significant deterioration of air quality. 

**** * 

(b) Regulations for preventing significant 

deterioration of air quality. The provisions of 

§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 - [Amendedl 

37. Section 52.2779 is amended by revising paragraph 

(b) to read as follows. 

§52.2779 Significant deterioration of air quality. 

**** * 

(b) Regulations for preventing significant 

deterioration of air quality. The provisions of 

§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 - [Amendedl 

38. Section 52.2827 is amended by revising paragraph 

(b) to read as follows. 

§52.2827 Significant deterioration of air quality. 

**** * 

(b) Regulations for preventing significant 

deterioration of air quality. The provisions of 

§52.21(a)(2) and (b) through (bb) are hereby incorporated 
P.55 

54 

and made a part of the applicable State plan for American 

Samoa.