[Federal Register Volume 78, Number 13 (Friday, January 18, 2013)]
[Rules and Regulations]
[Pages 4071-4073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00362]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0636; FRL-9636-6]


Approval and Promulgation of State Implementation Plans; State of 
Utah; Smoke Management Requirements for Mandatory Class I Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Utah on September 29, 2011. The September 29, 
2011 revision establishes rule R307-204 of the Utah Administrative Code 
(UAC). R307-204 contains smoke management requirements for land 
managers within the State of Utah as required by the regulations for 
regional haze (RH). The September 29, 2011 submittal supersedes and 
replaces R307-204 submitted as part of the State's December 12, 2003 RH 
SIP. The September 29, 2011 submittal also supersedes and replaces the 
State's May 8, 2006 submittal of R307-204.
    EPA is also partially approving a SIP revision submitted by the 
State of Utah on May 26, 2011. Specifically, EPA is proposing to 
approve section XX.G of the State's RH SIP, which contains the State's 
long-term strategy for fire programs as required by the RH regulations. 
The May 26, 2011 submittal supersedes and replaces SIP revisions to 
section XX.G of the RH SIP submitted by the State on December 12, 2003 
and September 9, 2008. This action is being taken under section 110 of 
the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective February 19, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2011-0636. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., 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 through 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.

FOR FURTHER INFORMATION CONTACT: Laurel Dygowski, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 
Wynkoop, Denver, Colorado 80202-1129, (303) 312-6144, 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 4072]]

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 Utah and State mean the State of Utah.

Table of Contents

I. Background Information
II. Final Action
III. Statutory and Executive Order Reviews

I. Background Information

    Under 40 CFR 51.309 of the RH program, there are numerous 
requirements aimed at protecting the 16 Class I areas of the Colorado 
Plateau. This action only addresses the requirements pertaining to 
programs related to fire of 40 CFR 51.309(d)(6). Pursuant to 40 CFR 
51.309(d)(6), a state must show that its smoke management program and 
all federal or private programs for prescribed fire in the state have a 
mechanism in place for evaluating and addressing the degree of 
visibility impairment from smoke in their planning and application of 
burning. A state must also ensure that its prescribed fire smoke 
management programs have at least the following seven elements: Actions 
to minimize emissions, evaluation of smoke dispersion, alternatives to 
fire, public notification, air quality monitoring, surveillance and 
enforcement, and program evaluation.
    States must include in their section 309 plan a statewide process 
for gathering the essential post-burn activity information to support 
emissions inventory and tracking systems. States must identify existing 
administrative barriers to the use of non-burning alternatives and 
adopt a process for continuing to identify and remove administrative 
barriers where feasible. The SIP must include an enhanced smoke 
management program, which means the smoke management program considers 
visibility and is based on the criteria of efficiency, economics, law, 
emission reduction opportunities, land management objectives, and 
reduction of visibility impairment. States must also adopt a process to 
establish annual emission goals to minimize emission increases from 
fire.
    On December 12, 2003, the State of Utah submitted a RH SIP intended 
to meet all of the requirements under 40 CFR 51.309. This submittal 
adopted SIP section XX--Regional Haze as well as UAC R307-204 Emissions 
Standards: Smoke Management. The State revised the smoke management 
requirements of R307-204 in a May 8, 2006 submittal and then again in 
its September 29, 2011 submittal. The September 29, 2011 submittal 
supersedes and replaces the R307-204 portion of the December 12, 2003 
submittal and all of the May 8, 2006 submittal. R307-204 contains 
provisions necessary to meet the requirements of 40 CFR 51.309(d)(6) 
which pertain to smoke management.
    Section XX.G--Long-Term Strategy for Fire Programs of the State's 
RH SIP also contains provisions necessary to meet the requirements of 
40 CFR 51.309(d)(6). The State originally submitted Section XX.G with 
its December 12, 2003 RH SIP submittal. The State resubmitted this 
section with subsequent SIP revisions on September 9, 2008 and May 26, 
2011. Section XX.G of the May 26, 2011 submittal supersedes and 
replaces section XX.G of the December 12, 2003 and September 9, 2008 
submittals. EPA will be taking action on the remainder of the December 
12, 2003, September 9, 2008, and May 26, 2011 submittals at a later 
date.
    On November 8, 2011, EPA published a notice of proposed rulemaking 
(NPR) for the State of Utah (76 FR 69217). The NPR proposed approval of 
the smoke management requirements adopted by the State as part of the 
September 29, 2011 (R307-204) and May 26, 2011 (section XX.G) SIP 
submittals.

II. Final Action

    EPA is approving a SIP revision submitted by the State of Utah on 
September 29, 2011. The September 29, 2011 revision establishes UAC 
R307-204. R307-204 contains smoke management requirements for land 
managers within the State of Utah as required by 40 CFR 51.309(d)(6) 
for regional haze. The September 29, 2011 submittal supersedes and 
replaces R307-204 submitted as part of the State's December 12, 2003 
regional haze SIP. The September 29, 2011 submittal also supersedes and 
replaces the State's May 8, 2006 submittal of R307-204. EPA is also 
partially approving a SIP revision submitted by the State of Utah on 
May 26, 2011. Specifically, EPA is approving section XX.G of the 
State's RH SIP which contains the State's long-term strategy for fire 
programs as required by 40 CFR 51.309(d)(6). The May 26, 2011 submittal 
supersedes and replaces SIP revisions to section XX.G of the RH SIP 
submitted by the State on December 12, 2003 and September 9, 2008.

III. 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 approves a state rule 
implementing a Federal standard.
    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

[[Page 4073]]

absence of a prior existing requirement for the State to use voluntary 
consensus standards (VCS), EPA has no authority to disapprove a SIP 
submission for failure to use VCS. It would thus be inconsistent with 
applicable law for EPA, when it reviews a SIP submission, to use VCS in 
place of a SIP submission that otherwise satisfies the provisions of 
the Clean Air Act. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. This rule does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. 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 March 19, 2013. 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, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides, Volatile organic compounds.

    Dated: February 8, 2012.
James B. Martin,
Regional Administrator, Region 8.
    40 CFR part 52 is amended to read 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)(72) to read as 
follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (72) On May 26, 2011 and September 29, 2011, the State of Utah 
submitted revisions to its State Implementation Plan to incorporate the 
smoke management requirements of the regional haze program.
    (i) Incorporation by reference.
    (A) Title R307 of the Utah Administrative Code--Environmental 
Quality, Air Quality, Rule R307-204--Emission Standards: Smoke 
Management, sections -1, Purpose and Goals, and -2, Applicability. 
Effective December 31, 2003; as published in the Utah State Bulletin 
October 1, 2003 and January 15, 2004.
    (B) Title R307 of the Utah Administrative Code--Environmental 
Quality, Air Quality, Rule R307-204--Emission Standards: Smoke 
Management, section -4, General Requirements. Effective April 7, 2006; 
as published in the Utah State Bulletin March 1, 2006 and May 1, 2006.
    (C) Title R307 of the Utah Administrative Code, Rule R307-204--
Environmental Quality, Air Quality, Rule R307-204--Emission Standards: 
Smoke Management, sections -3, Definitions, -5, Burn Schedule, -6, 
Small Prescribed Fires (de minimis), -7, Small Prescribed Pile Fires 
(de minimis), -8, Large Prescribed Fires, -9, Large Prescribed Pile 
Fires, and -10, Requirements for Wildland Fire Use Events. Effective 
July 7, 2011; as published in the Utah State Bulletin May 1, 2011 and 
August 1, 2011.
    (ii) Additional materials.
    (A) Section XX.G of the Utah Regional Haze State Implementation 
Pan. Effective April 7, 2011. Published in the Utah State Bulletin 
February 1, 2011.

[FR Doc. 2013-00362 Filed 1-17-13; 8:45 am]
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