[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Proposed Rules]
[Pages 37859-37862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15476]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2012-0168; FRL-9692-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Utah; Revisions to UAC Rule 401--Permit: New and Modified Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) 
revisions submitted by the State of Utah on April 17, 2008 and 
partially approve SIP revisions submitted by the State of Utah on 
September 15, 2006. The revisions contain new rules in Utah's Title 307 
Rule 401 (Permit: New and Modified Sources). The intended effect of 
this action is to propose to approve the rules that are consistent with 
the Clean Air Act (CAA.) This action is being taken under sections 110 
and 112 of the CAA.

DATES: Comments must be received on or before July 25, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2012-0168, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Fax: (303) 312-6064 (please alert the individual listed in 
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 Street, 
Denver, Colorado 80202-1129.
     Hand Delivery: Carl Daly, Director, Air Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only 
accepted Monday through Friday, 8:00 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-
2012-0168. 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 http://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 Street, 
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.

[[Page 37860]]


FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, Mailcode 8P-
AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129, (303) 312-6227, or [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Background
III. What Authorities Apply to EPA's Proposed Action
IV. EPA's Analysis and Proposed Action on SIP Revisions
V. Summary of Proposed Actions
VI. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials HAP mean or refer to Hazardous Air Pollutant.
    (iv) The initials MACT mean or refer to Maximum Achievable Control 
Technology.
    (v) The initials NAAQS mean or refer to National Ambient Air 
Quality Standards.
    (vi) The initials NSR mean or refer to New Source Review.
    (vii) The initials SIP mean or refer to State Implementation Plan.
    (viii) The words State or Utah mean the State of Utah, unless the 
context indicates otherwise.
    (ix) The initials UAC mean or refer to the Utah Administrative 
Code.

I. General Information

A. What should I consider as I prepare my comments for EPA?

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

II. Background

    On September 20, 1999, the State of Utah submitted a renumbering 
and recodification of its Utah Administrative Code (UAC) rules within 
the Utah SIP. EPA took final action to approve portions of this 
submittal on February 13, 2006 (71 FR 7670). In that action EPA 
approved the recodification of R307-413-7 (Exemption from Notice of 
Intent Requirements for Used Oil Burned for Energy Recovery, previously 
found under R307-7-2 and 3). On September 15, 2006, the State of Utah 
again submitted a renumbering and recodification of its UAC rules 
within the Utah SIP which renumbered R307-413-7 to R307-401-14 (Used 
Oil Burned for Energy Recovery). We are proposing to approve this 
renumbering in this action.
    On April 17, 2008, the State of Utah submitted a revision to R307-
401-14 which changed the definition of ``Boiler.'' We are proposing to 
approve this definition change in this action.
    On October 1, 1990, R307-6 (De minimis Emissions from Air Strippers 
and Soil Venting Projects) was approved into the Utah SIP. On August 
14, 1998, EPA approved revisions to R307-6 (63 FR 43624). On January 8, 
1999, Utah submitted substantive revisions to R307-6, which also 
renumbered R307-6 to R307-413-8 and R307-413-9. EPA did not act on this 
submittal. On September 15, 2006, Utah submitted revisions which moved 
R307-413-8 and R307-413-9 to R307-401-15 (Air Strippers and Soil 
Venting Projects) and R307-401-16 (De minimis Emissions from Soil 
Aeration Projects). Utah's January 8, 1999, submittal is superceded by 
the September 15, 2006, submittal. EPA is proposing to conditionally 
approve R307-401-15 and approve R307-401-16 as submitted on September 
15, 2006, in this action.
    All other portions of the September 15, 2006, submittal not 
addressed in this action will be addressed at a later date.

III. What Authorities Apply to EPA's Proposed Action

    Section 110(l) of the CAA states, ``Each revision to an 
implementation plan submitted by a State under this Act shall be 
adopted by such State after reasonable notice and public hearing. The 
Administrator shall not approve a revision to a plan if the revision 
would interfere with any applicable requirement concerning attainment 
and reasonable further progress (as defined in section 171), or any 
other applicable requirement of this Act.''
    The states' obligation to comply with each of the National Ambient 
Air Quality Standards (NAAQS) is considered as ``any applicable 
requirement(s) concerning attainment.'' A demonstration is necessary to 
show that this revision will not interfere with attainment or 
maintenance of the NAAQS, including those for ozone, particulate 
matter, carbon monoxide, sulfur dioxide, lead, nitrogen oxides or any 
other requirement of the Act.
    The CAA at section 110(a)(2)(C) requires states to include a minor 
New Source Review (NSR) program in their SIP to regulate modifications 
and new construction of stationary sources within the area as necessary 
to assure the NAAQS are achieved. EPA's implementing regulations at 40 
CFR 51.160-164 are intended to ensure that new source growth is 
consistent with maintenance of the NAAQS and 40 CFR 51.160(e) requires 
states to identify types and sizes of facilities which will be subject 
to review under their minor NSR program. For sources identified under 
40 CFR 51.160(e), section 51.160(a) requires that the SIP include 
legally enforceable procedures that enable a state or local agency to 
determine whether construction or modification of a facility, building, 
structure or installation, or combination of these will result in a 
violation of applicable portions of the control strategy; or 
interference with attainment or maintenance of a national standard in 
the state in which the proposed source (or modification) is located or 
in a

[[Page 37861]]

neighboring state. Section 110(i) of the CAA specifically precludes 
states from changing the requirements of the SIP except through SIP 
revisions approved by EPA. SIP revisions will be approved by EPA only 
if they meet all requirements of section 110 of the CAA and the 
implementing regulations at 40 CFR part 51. See CAA section 110(l); 40 
CFR 51.104.
    EPA recognizes that, under the applicable Federal regulations, 
states have broad discretion to determine the scope of their minor NSR 
programs as needed to attain and maintain the NAAQS. The states have 
significant discretion to tailor minor NSR requirements that are 
consistent with the requirements of 40 CFR part 51. States may also 
provide a rationale for why the rules are at least as stringent as the 
40 CFR part 51 requirements where the revisions are different from 
those in 40 CFR part 51. For example, states may exempt from minor new 
source review certain categories of changes based on de minimis or 
administrative necessity grounds in accordance with the criteria set 
out in Alabama Power Co. v. Costle, 636 F.2d 323, 360-361 (D.C. Cir. 
1979). De minimis sources are presumed not to have an impact and their 
emissions would not prevent or interfere with attainment of the NAAQS, 
even within nonattainment areas.
    Since there are no ambient air quality standards for air toxics, 
the area's compliance with any applicable maximum achievable control 
technology (MACT) standards, as well as any Federal mobile source 
control requirements under CAA sections 112 or 202(l) would constitute 
an acceptable demonstration of noninterference for air toxics. A 
revision to the SIP cannot interfere with any federally mandated 
program such as a MACT standard (or related section 112 requirements).

IV. EPA's Analysis and Proposed Action on SIP Revisions

    In this proposed rulemaking, we are proposing to approve the 
renumbering of R307-413-7 to R307-401-14 (Used Oil Burned for Energy 
Recovery) as submitted by the State of Utah on September 15, 2006, 
because this provision had been previously approved into the Utah SIP 
(71 FR 7670) and the revision does not contain substantive changes to 
the rule. We are also clarifying that R307-401-14(3) refers to the 
owner or operator of a boiler as described in R307-401-14(1).
    We are proposing to approve changes to the definition of ``Boiler'' 
in R307-401-14(1) as submitted by the State of Utah on April 17, 2008, 
in this action. The current federally approved definition of ``Boiler'' 
in R307-413-7 references Utah's solid and hazardous waste definition of 
``Boiler'' in R315-1-1 as it was defined in 40 CFR 260.10, as amended 
on July 1, 2002. Utah's current federally approved version of R315-1-1 
incorporates by reference 40 CFR 260.10, as amended on July 1, 2008. 
Since there is no substantive difference between 40 CFR 260.10, as 
amended on July 1, 2002, and 40 CFR 260.10, as amended on July 1, 2008, 
we are proposing to approve this definition change in R307-401-14.
    We are proposing to conditionally approve R307-401-15 and approve 
R307-401-16 as submitted on September 15, 2006, in this action. We are 
proposing to conditionally approve R307-401-15 because R307-401-15(3) 
allows for ``test or monitoring method approved by the executive 
secretary,'' which is director's discretion. Utah submitted a letter to 
EPA on February 24, 2012, committing to revise R307-401-15(3) to remove 
the executive secretary's discretion to approve alternate test or 
monitoring methods (see docket). Utah must submit a SIP revision to 
change or remove this language not later than one year after the date 
of final publication of this rulemaking. If, however, Utah does not 
submit such a revision within this timeframe, EPA's conditional 
approval of R307-401-15(3) will revert to a disapproval.
    R307-401-15 and R307-401-16 allows all air stripper, soil venting 
and soil aeration projects to be exempt from notice of intent and 
approval order requirements if the estimated actual air emissions from 
volatile organic compounds from a given project are less than 5 tons 
per year (R307-401-9(1)(a)) and the level of any one hazardous air 
pollutant (HAP) or combination of HAPs is less than the levels listed 
in R307-410-4(1)(d) (Toxic Screening Levels and Averaging Periods). EPA 
has approved similar de minimis thresholds for criteria pollutants in 
past rulemakings: The State of Idaho's permit to construct regulations, 
which were approved final on January 16, 2003 (68 FR 2217); and the 
State of Montana's exclusion for de minimis changes, which were 
approved final on February 13, 2012 (77 FR 7531). R307-401-15 and R307-
401-16 contain provisions which are smaller in nature and scope than 
the previously approved rulemakings, as they generally only apply to 
the remediation of underground storage tanks. EPA finds the revisions 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS, rate of progress and reasonable further 
progress (as defined in section 171), or any other applicable 
requirement of this Act.
    A review of air stripper, soil venting and soil aeration projects 
from 2008-2010 which were exempted from notice of intent and approval 
order requirements under R307-401-15 and R307-401-16 show negligible 
criteria pollutant emissions (see docket). In addition, data from the 
Utah leaking underground storage tank program shows a significant 
decrease in the number of new cleanups initiated over the last 10 years 
(see docket). These provisions meet the requirements of 40 CFR 51.160 
because they require prior written approval (R307-401-15(2), R307-401-
16(1)) of the State and have testing requirements (R307-401-15(3)) to 
ensure that exempted projects do not exceed the de minimis thresholds 
as described in R307-401-9.

V. Summary of Proposed Actions

    Based on the above discussion, EPA finds that the revisions are 
consistent with all CAA requirements. We are proposing to approve the 
renumbering of R307-413-7 to R307-401-14 (Used Oil Burned for Energy 
Recovery) as submitted by the State of Utah on September 15, 2006; 
changes to the definition of ``Boiler'' in R307-401-14(1), as submitted 
by the State of Utah on April 17, 2008; and conditionally approve R307-
401-15 and approve R307-401-16 as submitted on September 15, 2006.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act. 
Accordingly, this proposed action merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law. For that reason, this 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

[[Page 37862]]

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 Clean Air Act; 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 6, 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, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: June 7, 2012.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
[FR Doc. 2012-15476 Filed 6-22-12; 8:45 am]
BILLING CODE P