[Federal Register Volume 71, Number 30 (Tuesday, February 14, 2006)]
[Rules and Regulations]
[Pages 7679-7683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1310]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2005-UT-0001; FRL-8027-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Utah; Rule Recodification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve State Implementation 
Plan (SIP) revisions submitted by the Governor of Utah on September 20, 
1999 and February 5, 2001. The September 20, 1999 submittal revises the 
numbering and format of the Utah Administrative Code (UAC) rules within 
Utah's SIP. The February 5, 2001 submittal restores a paragraph that 
was inadvertently deleted from Utah's rules when the State submitted 
their SIP submittal dated September 20, 1999 that renumbered the UAC 
rules. The intended effect of this action is to make these provisions 
federally enforceable. In addition, the approval of Utah's SIP revision 
dated September 20, 1999 supersedes and replaces previous SIP revisions 
submitted by Utah on October 26, 2000, September 7, 1999, two SIP 
revisions submitted February 6, 1996, and one submitted on January 27, 
1995. Some of the provisions of the rules submitted in Utah's SIP 
revisions will be addressed at a later date by more recent SIP actions 
that have been submitted which supersede and replace the earlier SIP 
submittal actions. EPA will be removing Utah's Asbestos Work Practices, 
Contractor Certification, AHERA Accreditation and AHERA Implementation 
rule R307-1-8 and Eligibility of Pollution Control Expenditures for 
Sales Tax Exemption rule R307-1-6 from Utah's federally enforceable SIP 
because these rules are not generally related to attainment of the 
National Ambient Air Quality Standards (NAAQS) and are therefore not 
required to be in Utah's SIP. Finally, EPA will be removing Utah's 
National Emission Standards for Hazardous Air Pollutants (NESHAPS) rule 
R307-1-4.12. Utah has delegation of authority for NESHAPs in 40 CFR 
part 61 (49 FR 36368), pursuant to 110(k)(6) of the Act, therefore we 
are removing the existing language (R307-1-4.12) that was approved into 
Utah's current SIP because it is no longer required to be in the SIP. 
This action is being taken under section 110 of the Clean Air Act.

DATES: Effective Date: This rule is effective on March 16, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2005-UT-0001. All documents in the docket are listed in 
the Regional Materials in EDOCKET (RME) index at http://docket.epa.gov/rmepub/. On November 28, 2005, RME, EPA's electronic public docket and 
comment system, was replaced by an enhanced federal-wide electronic 
docket management and comment system located at http://www.regulations.gov. Therefore, you will be redirected to that site to 
access the docket EPA-R08-OAR-2005-UT-0001. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in Regional Materials in EDOCKET or in 
hard copy at the Air and Radiation Program, Environmental Protection 
Agency (EPA), Region 8, 999 18th Street, Suite 300, Denver, Colorado 
80202-2466. EPA requests that if at all possible, you contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section to 
view the hard copy of the docket. You may view the hard copy of the 
docket Monday through Friday, 8 a.m. to 4 p.m., excluding Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Catherine Roberts, EPA, Region 8, 999 
18th Street, Ste. 300 (8P-AR), Denver, CO, 80202-2466, (303) 312-6025, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', 
``us'', or ``our'' are used, we mean the Environmental Protection 
Agency (EPA).

Table of Contents

I. General Information
II. Summary of Final Action
III. Summary of Public Comments and EPA's Response
IV. Statutory and Executive Order Review

I. General Information

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

II. Summary of Final Action

    On October 13, 2005 EPA published a notice of proposed rulemaking 
(NPR) for the State of Utah (70 FR 59681). The NPR proposed approval of 
the recodification of the UAC rules that had previously been approved 
into Utah's SIP, removed from Utah's SIP rule language that is obsolete 
or is generally not related to attainment of the NAAQS and is therefore 
not appropriate to be in Utah's SIP and arranged rules to allow for a 
more coherent SIP structure. The formal SIP revisions were submitted by

[[Page 7680]]

the State of Utah on February 5, 2001, October 26, 2000, September 20, 
1999, September 7, 1999, two SIP revisions submitted February 6, 2001 
and one submitted January 27, 1995. A summary of these SIP submittals 
follows.
    The September 20, 1999 submittal revises the numbering and format 
of the UAC rules within Utah's SIP. The renumbering and reformatting of 
the UAC rules within Utah's SIP provides for a more consistent 
numbering system and a coherent structure allowing provisions to be 
located more easily within Utah's rules. Some provisions of the rules 
submitted in Utah's SIP revision dated September 20, 1999 will be 
addressed at a later date. The following identifies the renumbered rule 
sections we are approving as replacing the prior numbered rule 
sections: R307-101-1 and 2 with the exception of the definitions for 
``actual emissions,'' ``major modification,'' ``part 70 source,'' 
``significant,'' and ``volatile organic compound'' effective September 
15, 1998; R307-102-1 through R307-102-6 effective September 15, 1998 
and R307-102-1(2) effective August 3, 2000; R307-105-1 and R307-105-2 
effective September 15, 1998, R307-107-1 through R307-107-6 effective 
September 15, 1998; R307-110-1 through R307-110-9, R307-110-11, R307-
110-13 through R307-110-15, R307-110-18, R307-110-20 through R307-110-
28, R307-110-30, and R307-110-32 effective September 15, 1998; R307-115 
effective September 15, 1998; R307-130-1 through R307-130-4 effective 
September 15, 1998; R307-165-1 through R307-165-4 effective September 
15, 1998; R307-201-1 through R307-201-3 effective September 15, 1998; 
R307-202-1 through R307-202-6 effective September 15, 1998; R307-203-1 
through R307-203-3 effective September 15, 1998; R307-206-1 through 
R307-206-5 effective September 15, 1998; R307-301-1, R307-301-2, and 
R307-301-4 through R307-301-14 effective November 12, 1998; R307-302-1, 
R307-302-2 and R307-302-4 effective September 15, 1998; R307-305-1 
through R307-305-7 effective September 15, 1998; R307-307-1 through 
R307-307-3 effective September 15, 1998; R307-325-1 through R307-325-4 
effective September 15, 1998; R307-326-1 through R307-326-7 effective 
September 15, 1998; R307-327-1 through R307-327-3 effective September 
15, 1998; R307-328-1 through R307-328-5 effective September 15, 1998; 
R307-335-1 through R307-335-4 effective September 15, 1998; R307-340-1 
through R307-340-13 effective September 15, 1998; R307-341-1 through 
R307-341-3 effective September 15, 1998; R307-342-1 through R307-342-7 
effective September 15, 1998; R307-401-9 and R307-401-10(1) effective 
September 15, 1998; R307-403-1 through R307-403-9 effective September 
15, 1998; R307-405-1 through R307-405-8 effective September 15, 1998; 
R307-406-1 through R307-406-6 effective September 15, 1998; R307-413-7 
effective September 15, 1998; and R307-414-1 through R307-414-3 
effective September 15, 1998. These rules have only been renumbered, 
contain non-substantive changes to the rule that do not affect the 
meaning of the rule and/or have been modified to move definitions that 
have already been approved into the SIP to specific rule sections in 
which the definitions apply.
    We are not acting to approve Utah's SIP submittal dated September 
7, 1999 that deletes rule R307-150-1 (existing rule number R307-1-2.2) 
and rule R307-150-2 (existing rule number R307-1-3.1.7) because the 
renumbering of these rules have never been approved into the SIP and 
have since been superseded and replaced by Utah's SIP submittal dated 
February 5, 2001 and October 9, 1998. Rule R307-150-1 is restored to 
its appropriate rule section in Utah's SIP submittal dated February 5, 
2001 which we are acting to approve in this action. Rule R307-150-2 
will be addressed at a later date when EPA addresses Utah's SIP 
submittal dated October 9, 1998.
    We are not acting to approve Utah's SIP submittal dated February 6, 
1996 that pertains to Utah's rule R307-2 and portions of Utah's SIP 
submittal dated February 6, 1996 that pertains to rule R307-1-4. These 
SIP submittals and portions thereof are superseded and replaced by 
Utah's September 20, 1999 SIP submittal that is being approved in this 
action.
    We are approving a portion of Utah's SIP submittal dated January 
27, 1995 that pertains to Utah's rules R307-1-2.3.2, R307-1-3.1.4, and 
R307-1-3.2.3. Utah's rule R307-1-2.3.2 (renumbered to R307-102-4(1)) 
adds a reference to Utah's Code to clarify where to find further 
information regarding Utah's variance rule. Utah's rule R307-1-3.2.3 
deletes provisions for special testing because the provisions are 
obsolete. We will not be addressing Utah's rule R307-1-3.1.4 or R307-1-
3.2.3 in this notice. R307-1-3.1.4 will be addressed at a later date 
when EPA addresses Utah's SIP submittal dated October 9, 1998 and rule 
R307-1-3.2.3 will be addressed at a later date when EPA addresses 
Utah's PM10 maintenance plan for Utah and Salt Lake County.
    We are approving the removal of Utah's asbestos rule R307-1-8 and 
rule R307-1-6 pertaining to Utah's eligibility of pollution control 
expenditures for sales tax exemption from Utah's federally enforceable 
SIP because these rules are not generally related to attainment of the 
NAAQS and are therefore not appropriate to be in Utah's SIP. We are 
also not acting on Utah's SIP submittal dated October 26, 2000 because 
the SIP pertains to changes being made to Utah's asbestos rule R307-1-8 
that we are removing from Utah's SIP in this action. We are also 
approving the removal of Utah's rule R307-1-4.12 titled ``National 
Emission Standards for Hazardous Air Pollutants''. Utah has delegation 
of authority for NESHAPs in 40 CFR part 61 (49 FR 36368), pursuant to 
110(k)(6) of the Act, therefore we are removing the existing language 
(R307-1-4.12) that was approved into Utah's current SIP because it is 
no longer required to be in the SIP.
    EPA is not acting to approve the follow rules or portions of these 
rule for reasons stated under section III.B of the NPR (70 FR 59681): 
R307-121, R307-122, R307-135, R307-214, R307-215, R307-220, R307-221, 
R307-320, R307-332, R307-410, R307-415, and R307-417.
    Finally, EPA is not acting on the following rules because they have 
been superseded and replaced by other Utah SIP submittals as explained 
in the NPR (70 FR 59681): Utah's SIP submittal dated February 16, 1996 
titled ``Expansion of R307-2'' that recodified and expanded Utah's 
R307-2; portions of Utah's SIP submittal dated February 6, 1996 that 
recodifies Utah's Emission Standards rule(s) that pertain to 
subsections: R307-1-4.9 and R307-1-4.12; Utah's SIP submittal dated 
February 6, 1996 that recodifies Utah's Emission Standards rule R307-1-
4 that pertains to changes made in subsection R307-1-4.6; Utah's SIP 
submittal dated September 20, 1999 that pertain to rule sections R307-
110-10, R307-110-12, R307-110-16, R307-110-17, R307-110-19, R307-110-
29, R307-110-31, R307-110-33, R307-110-34, R307-110-35; Utah's SIP 
submittal dated September 20, 1999 that recodifies Utah's Continuous 
Emission Monitoring Systems rule R307-170; Utah's SIP submittal dated 
January 27, 1995 pertaining to rule R307-1-3.1.4 and rule R307-1-3.2.3: 
Utah's SIP submittal dated February 6, 1996 that recodifies Utah's 
Emission Standards rule R307-1-4 that pertains to changes made in

[[Page 7681]]

subsection R307-1-4.5; Utah's SIP submittal dated September 20, 1999 
that recodifies Utah's rules includes rules R307-150 and rule R307-155; 
Utah's SIP submittal dated September 20, 1999 that recodifies Utah's 
rules includes rules R307-302-2(4) and R307-302-3; Utah's SIP submittal 
dated September 20, 1999 that pertain to the renumbering of rules R307-
401-1 through R307-401-8, R307-401-10(2) and R307-401-11; and Utah's 
SIP submittal dated September 20, 1999 that pertain to the renumbering 
of rules R307-413-1 through R307-413-6, R307-413-8 and R308-413-9. 
Additional information regarding EPA's action on the above rules can be 
found within the NPR that published on October 13, 2005 (70 FR 59681).

III. Summary of Public Comments and EPA's Response

    Comment: A comment received stated that certain sections of Utah's 
rule R307-110 had been previously approved by EPA and was not 
accurately reflected in the NPR under category 3, number 4. 
Specifically, Utah's rule section R307-110-12 was previously approved 
by EPA on August 1, 2005 (70 FR 44055) and again on September 14, 2005 
(70 FR 54267). Section R307-110-31 was previously approved by EPA on 
October 9, 2002 (67 FR 62981). Section R307-110-34 was previously 
approved by EPA on September 12, 2002 (67 FR 57744). Finally section 
R307-110-35 was previously approved by EPA on September 14, 2005 (70 FR 
54267).
    Response: The commenter is correct. However, as stated in the NPR 
(70 FR 59681), EPA does not intend to act on the Recodification of 
these specific rule sections in this action. Therefore, the corrections 
raised by the commenter are not relevant to this action and thus do not 
affect our approval.
    Comment: A comment received expressed concern that EPA intended to 
retain rule R307-2-18 within the SIP because EPA had yet to act on 
Utah's SIP submittal dated February 6, 1996 that would adopt rule R307-
110-29 which EPA stated in the NPR would replace R307-2-18. This is 
incorrect. Rule R307-2-18 has never been related to rule R307-110-29 
that pertains to the diesel inspection and maintenance (I/M) SIP and 
has already been recodified with EPA's approval of R307-110-31. 
Therefore, EPA should not retain the old rule number R307-2-18.
    Response: The commenter is correct. Rule R307-2-18 has been 
superseded and replaced by EPA's approval of Utah's rule R307-110-31 
(67 FR 62891) therefore, EPA will not be retaining the old rule number 
R307-2-18 in this action and R307-110-29 will be acted on when EPA acts 
on Utah's February 6, 1996 SIP as stated in the NPR (70 FR 59681).
    Comment: A comment received stated that rule R307-110-35 is listed 
twice within category 3, number 4 of the NPR (70 FR 59681) as a rule 
EPA will not be acting on because it has already been approved and is 
also listed as one that will be acted on at a later date.
    Response: The commenter is correct. However, as stated in the NPR 
(70 FR 59681), EPA does not intend to act on this specific rule section 
in this action. Therefore, the correction raised by the commenter is 
not relevant to this action and thus does not affect our approval.
    Comment: A comment received stated that under the NPR (70 FR 59681) 
category 3, number 8, where it states that rule sections R307-150-2 and 
R307-155 will be acted on at a later date when EPA takes action on an 
October 9, 1998 SIP submittal is incorrect because the October 9, 1998 
SIP submittal has now been superseded by a December 12, 2003 SIP 
submittal.
    Response: The commenter is correct. However, as stated in the NPR 
(70 FR 59681), EPA does not intend to act on these specific rule 
sections in this action. Therefore, the correction raised by the 
commenter is not relevant to this action and thus does not affect our 
approval.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule

[[Page 7682]]

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).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 17, 2006. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic 
compounds, Reporting and recordkeeping requirements.

    Dated: January 19, 2006.
Robert E. Roberts,
Regional Administrator, Region 8.

0
40 CFR parts 52, chapter I, title 40 are amended as follows:

PART 52--[AMENDED]

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

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

Subpart TT--Utah

0
2. Section 52.2320 is amended by adding paragraph (c)(59) to read as 
follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (59) On February 5, 2001, October 26, 2000, September 20, 1999, 
September 7, 1999, two State Implementation Plan (SIP) revisions 
submitted February 6, 1996 and one on January 27, 1995, the State of 
Utah submitted SIP revisions that recodifies Utah's rules that had 
previously been approved into Utah's SIP; removed from Utah's SIP 
language that is obsolete or is generally not related to attainment of 
the National Ambient Air Quality Standards (NAAQS) and is therefore not 
appropriate to be in Utah's SIP; and arranged rules to allow for a more 
coherent SIP structure.
    (i) Incorporation by Reference.
    (A) Utah Administrative Code (UAC) rule sections: R307-101-1 and 2 
with the exception of the definitions for ``actual emissions,'' ``major 
modification,'' ``part 70 source,'' ``significant,'' and ``volatile 
organic compound'' effective September 15, 1998; R307-102-1 through 
R307-102-6 effective September 15, 1998 and R307-102-1(2) effective 
August 3, 2000; R307-105-1 and R307-105-2 effective September 15, 1998, 
R307-107-1 through R307-107-6 effective September 15, 1998; R307-110-1 
through R307-110-9, R307-110-11, R307-110-13 through R307-110-15, R307-
110-18, R307-110-20 through R307-110-28, R307-110-30, and R307-110-32 
effective September 15, 1998; R307-115-1 effective September 15, 1998; 
R307-130-1 through R307-130-4 effective September 15, 1998; R307-165-1 
through R307-165-4 effective September 15, 1998; R307-201-1 through 
R307-201-3 effective September 15, 1998; R307-202-1 through R307-202-6 
effective September 15, 1998; R307-203-1 through R307-203-3 effective 
September 15, 1998; R307-206-1 through R307-206-5 effective September 
15, 1998; R307-301-1, R307-301-2, and R307-301-4 through R307-301-14 
effective November 12, 1998; R307-302-1, R307-302-2 and R307-302-4 
effective September 15, 1998; R307-305-1 through R307-305-7 effective 
September 15, 1998; R307-307-1 through R307-307-3 effective September 
15, 1998; R307-325-1 through R307-325-4 effective September 15, 1998; 
R307-326-1 through R307-326-7 effective September 15, 1998; R307-327-1 
through R307-327-3 effective September 15, 1998; R307-328-1 through 
R307-328-5 effective September 15, 1998; R307-335-1 through R307-335-4 
effective September 15, 1998; R307-340-1 through R307-340-13 effective 
September 15, 1998; R307-341-1 through R307-341-3 effective September 
15, 1998; R307-342-1 through R307-342-7 effective September 15, 1998; 
R307-401-9 and R307-401-10(1) effective September 15, 1998; R307-403-1 
through R307-403-9 effective September 15, 1998; R307-405-1 through 
R307-405-8 effective September 15, 1998; R307-406-1 through R307-406-6 
effective September 15, 1998; R307-413-7 effective September 15, 1998; 
and R307-414-1 through R307-414-3 effective September 15, 1998.
    (ii) Additional Material.
    (A) Outline for Utah's Rules Reorganization effective September 15, 
1998.
    (B) July 6, 2000 letter from Richard Long, EPA Region VIII to 
Ursula Kramer, Director, Utah Division of Environmental Quality 
requesting Utah to withdraw Utah SIP submittals dated April 30, 1998, 
October 9, 1998, and April 19, 2000.
    (C) October 6, 2000 letter from Richard Long, EPA Region VIII to 
Rick Sprott, Acting Director, Utah Division of Air Quality (UDAQ) 
notifying UDAQ of an October 6, 1995 EPA memorandum (included with the 
October 6, 2000 letter) stating that Clean Air Act section 172(c)(9) 
pertaining to contingency measures requirements would not apply to PM10 
nonattainment areas that had attained the standard with at least 3 
years of clean air quality and as long as the area continued to attain 
the standard.
    (D) October 16, 2000 letter from Michael Leavitt, Governor of Utah 
to William Yellowtail, Regional Administrator, EPA Region VIII 
requesting the withdraw of Utah's SIP submittals dated April 30, 1998, 
October 9, 1998, and April 19, 2000.
    (E) April 2, 2002 letter from Richard Long, EPA Region VIII to Rick 
Sprott, Director, Utah Division of Air Quality informing UDAQ of our 
intent to not act on Utah's SIP submittal dated October 26, 2000 and 
our intent to remove existing asbestos rule language (R701-1-8) from 
Utah's federally approved SIP.
    (F) April 7, 2005 letter from Rick Sprott, Director, Utah Division 
of Air Quality agreeing with EPA on the exclusion of Utah rules R307-1-
6, R307-121, R307-122, R307-135, R307-214, R307-215, R307-220, R307-
221, R307-320, R307-332, R307-415, R307-417, and R307-1-8 from Utah's 
federally approved SIP.

0
3. Section 52.2352 is amended by redesignating the existing paragraph 
as paragraph (a) and adding paragraph (b), (c) and (d) to read as 
follows:


Sec.  52.2352  Change to approved plan.

* * * * *
    (b) Utah Administrative Code (UAC) rule R307-1-8, Asbestos Work 
Practices, Contractor Certification, AHERA Accreditation and AHERA 
Implementation, is removed from Utah's approved State Implementation 
Plan (SIP). This rule language pertains to the regulation of asbestos 
and is generally not related to attainment of the National Ambient Air 
Quality Standards (NAAQS) and therefore it is not appropriate to be in 
Utah's SIP.

[[Page 7683]]

    (c) Utah Administrative Code (UAC) rule R307-1-4.12, National 
Emission Standards for Hazardous Air Pollutants (NESHAPs), is removed 
from Utah's approved State Implementation Plan (SIP). Utah has 
delegation of authority for NESHAPs in 40 CFR part 61 (49 FR 36368), 
pursuant to 110(k)(6) of the Act.
    (d) Utah Administrative Code (UAC) rule R307-1-6, Eligibility of 
Pollution Control Expenditures for Sales Tax Exemption, is removed from 
Utah's approved State Implementation Plan (SIP). This rule language 
pertains to State Sales Tax Exemptions for Pollution Control 
Expenditures and is not generally related to attainment of the National 
Ambient Air Quality Standards (NAAQS) and is therefore not appropriate 
to be in Utah's SIP.

[FR Doc. 06-1310 Filed 2-13-06; 8:45 am]
BILLING CODE 6560-50-P