[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Proposed Rules]
[Pages 35295-35297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15158]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2015-0085; FRL-9929-35-Region 8]


Approval and Promulgation of State Implementation Plan Revisions; 
Rules, General Requirements and Test Methods; Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
State of Utah on January 28, 2010, September 16, 2010, June 18, 2013, 
and August 29, 2014. These submittals revise the rules, general 
requirements and test methods for the State of Utah. The amendments 
also update the version of the Code of Federal Regulations (CFR) 
incorporated by reference into the rules of the State of Utah. EPA is 
not taking action on an April 26, 2012 submittal or a November 4, 2013 
submittal because they have been superseded by the August 29, 2014 
submittal. EPA is taking this action in accordance with section 110 of 
the Clean Air Act (CAA).

DATES: Written comments must be received on or before July 20, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2015-0085, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     Email: [email protected]
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection 
Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental 
Protection Agency (EPA), Region 8, Mail Code 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-
2015-0085. 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.

FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. 303-312-7814, 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Analysis of the State Submittals
III. What Action is EPA Taking Today?
IV. Incorporation by Reference
V. Statutory and Executive Orders Reviews

I. General Information

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

    1. Submitting Confidential Business Information (CBI). Do not 
submit CBI to EPA through http://www.regulations.gov or email. Clearly 
mark the part or all of the information that you claim to be CBI. For 
CBI information on 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:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register volume, 
date, and page number);
     Follow directions and organize your comments;
     Explain why you agree or disagree;
     Suggest alternatives and substitute language for your 
requested changes;

[[Page 35296]]

     Describe any assumptions and provide any technical 
information and/or data that you used;
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced;
     Provide specific examples to illustrate your concerns, and 
suggest alternatives;
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats; and,
     Make sure to submit your comments by the comment period 
deadline identified.

II. Analysis of the State Submittals

    In this proposed rulemaking, we are proposing to approve four 
submittals into Utah's SIP. The January 28, 2010 submittal revises 
R307-405-2, Permits: Major Sources in Attainment or Unclassified Areas 
(PSD) and R307-102, General Requirements: Broadly Applicable 
Requirements. The submittal revises R307-405-2, which incorporates by 
reference the federal Prevention of Significant Deterioration (PSD) 
permitting program in 40 CFR 52.21. Changes include the exclusion of 
ethanol production facilities from the definition of chemical process 
plants, and the clarification in the record keeping requirements for a 
modification where there is a ``reasonable possibility'' that the 
change would result in a significant increase of any regulated New 
Source Review (NSR) pollutant. The ethanol exclusion Final Rule was 
issued by EPA (72 FR 24060, May 1, 2007). EPA approved Utah's revised 
rules to implement the non-vacated provisions of EPA's NSR Reform 
regulations (76 FR 41712, July 15, 2011). EPA proposes to approve this 
part of the submittal.
    The January 28, 2010 SIP revision also updates the incorporation by 
reference date of the 40 CFR to July 1, 2008. EPA is not taking action 
on this proposed update because it was superseded by the August 29, 
2014 submittal that we are acting on in this document.
    EPA also proposes to approve R307-102, General Requirements: 
Broadly Applicable Requirements, which changes the authorization from 
Title 63-46b-4 to Title 63G-4-202, due to the recodification of Title 
63 made by House Bill 63 Chapter 328, Laws of Utah 2008.
    The January 28, 2010 submittal revised R307-101-2, Definitions, to 
update the threshold limit values to the 2009 American Conference of 
Governmental Industrial Hygienists publication of Threshold Limit 
Values for Chemical Substances and Physical Agents & Biological 
Exposure Indices. However, a March 19, 2014 letter from the Governor 
withdrew the January 28, 2010 submittal of R307-101-2. No further 
action is required on this submittal.
    The September 16, 2010 submittal revises R307-101-2, to add the 
definition of PM2.5, and General Requirements: Definitions. 
The existing R307-101-2 was approved by EPA on September 2, 2008 (73 FR 
51222).The definition of ``PM2.5,'' consistent with the 
definition at 40 CFR 50.7, means particulate matter with an aerodynamic 
diameter less than or equal to a nominal 2.5 micrometers as measured by 
an EPA reference or equivalent method. We propose to approve this 
definition of PM2.5.
    The September 16, 2010 submittal also updates R307-214, National 
Emission Standards for Hazardous Air Pollutants to add 12 new federal 
Maximum Achievable Control Technology (MACT) standards that may apply 
to sources of hazardous air pollutants in Utah. The amendments to R307-
101-3 and R307-214 update the version of the Code of Federal 
Regulations incorporated by reference into the rules of the State of 
Utah.
    However, a March 19, 2014 letter from the Governor withdrew the 
request to approve the September 16, 2010 submittal regarding R307-214, 
National Emission Standards For Hazardous Air Pollutants, which is the 
Utah Air Quality rule that incorporates by reference provisions of 40 
CFR parts 61 and 63. There is no requirement for parts 61 and 63 to be 
incorporated into Utah's SIP, so no further action is required on that 
part of the submittal. EPA is not taking action on the proposed update 
to the version of the Code of Federal Regulations for R307-101-3, 
because it was superseded by the August 29, 2014 submittal that EPA is 
proposing to approve in this document.
    The June 18, 2013 submittal revises R307-401-15, Air Strippers and 
Soil Venting Projects, to refer to the most recent test methods and to 
allow sources to use future updated federally-approved methods. The 
existing rule was (conditionally) approved by EPA (79 FR 27190, May 13, 
2014), after EPA received a commitment letter from the State of Utah to 
remove the Director's Discretion language within one year or EPA's 
action would revert to a disapproval. The State submitted proposed 
revised language within the one-year deadline and requested that EPA 
approve the following language in R307-401-15(3)(a), ``Emissions 
estimates of volatile organic compounds shall be based on test data 
obtained in accordance with the test method in the EPA document SW-846, 
Test #8260c or 8261a, or the most recent EPA revision of either test 
method if approved by the director.'' Utah also proposes to revise 
R307-401-15(3)(b), to now state, ``Emissions estimates of hazardous air 
pollutants shall be based on test data obtained in accordance with the 
test method in EPA document SW-846, Test #8021B or the most recent EPA 
revision of the test method if approved by the director.'' This 
language provides the certainty required to ensure the appropriate EPA 
approved test is used and, because EPA routinely updates test methods, 
this language allows the State to use the most current version of the 
test method without having to do a SIP revision. We propose to approve 
these revisions.
    The June 18, 2013 submittal also proposes a non-substantive change 
to re-number R307-410-5(1)[(d)] to R307-410-5(1)(c)(i)(C). EPA is not 
acting on this proposed change because EPA disapproved R307-410-5, 
Documentation of Ambient Air Impacts for Hazardous Air Pollutants on 
February 6, 2014 due to lack of EPA authority to approve provisions 
that only address hazardous air pollutants in a SIP revision under CAA 
section 110 (79 FR 7072).
    The April 26, 2012 submittal revises R307-101-3, General 
Requirements; Version of Code of Federal Regulations Incorporated by 
Reference. EPA is not taking action on this submittal because it was 
superseded by the August 29, 2014 submittal that EPA is acting on in 
this document.
    The November 4, 2013 submittal also revises R307-101-3, General 
Requirements; Version of Code of Federal Regulations Incorporated by 
Reference. EPA is not taking action on this submittal because it was 
superseded by the August 29, 2014 submittal that EPA is acting on in 
this document.
    The August 29, 2014 submittal amends R307-101-3, General 
Requirements, Version of Code of Federal Regulations Incorporated by 
Reference and supersedes and replaces all previous versions of 
submittals received on January 28, 2010, September16, 2010, April 26, 
2012 and November 4, 2013. No further EPA action is required on those 
earlier submittals. The existing rule was approved by EPA on September 
2, 2008 (73 FR 51222). Except as specifically identified in an 
individual rule, the version of the CFR incorporated throughout R307 is 
dated July 1, 2013.
    The August 29, 2014 submittal amends R307-101-3 to include four

[[Page 35297]]

chemical compounds on the list of compounds excluded from the 
definition of VOC, as found in EPA rule at 40 CFR 51.100(s), on the 
basis that each of these compounds makes a negligible contribution to 
tropospheric ozone formation. These compounds consist of four 
hydrofluoropolyethers (HFPEs) which are identified as HCF2OCF2H (also 
known as HFE-134), HCF2OCF2OCF2H (also known as HFE-236cal2), 
HCF2OCF2CF2OCF2H (also known as HFE-338pcc13), and HCF2OCF2OCF2CF2OCF2H 
(also known as H-Galden 1040X or H-Galden ZT 130 (or 150 or 180)). If 
an entity uses or produces any of these four HFPE compounds (these 
being in the family of products known by the trade name H-Galden) and 
is subject to the EPA regulations limiting the use of VOC in a product, 
limiting the VOC emissions from a facility, or otherwise controlling 
the use of VOC for purposes related to attaining the ozone national 
ambient air quality standards (NAAQS), then the compound will not be 
counted as a VOC in determining whether these regulatory obligations 
have been met.
    This EPA rule, Air Quality: Revision to Definition of Volatile 
Organic Compounds--Exclusion of a Group of Four Hydrofluoropolyethers 
(HFPEs), was finalized on February 12, 2013 (78 FR 9823). EPA proposes 
to approve this SIP revision.
    Finally, the August 29, 2014 submittal updates the version of the 
CFR incorporated by reference into the rules of the State of Utah to 
reflect that 40 CFR 60.56c(d)(2) of subpart Ec was removed from federal 
regulation (78 FR 28052). That provision previously excluded Hospital 
Medical Infectious Waste Incinerators (HMIWI) units from having to 
comply with standards during periods of Startup Shutdown Malfunction 
(SSM) provided that no hospital waste or medical/infectious waste was 
being charged to the unit during those SSM periods. That provision was 
removed from federal regulation on May 13, 2013 (78 FR 28052). EPA 
proposes to approve this SIP revision.

III. What action is EPA taking today?

    EPA is proposing to approve the SIP revisions submitted by Utah on 
January 28, 2010, September 16, 2010, June 18, 2013 and August 29, 
2014. We are proposing to approve the January 28, 2010 revisions to 
R307-405-2, with exception to the proposed change to the incorporation 
by reference date, and proposing to approve all of the revisions to 
R307-102. We are proposing to approve the June 18, 2013 SIP revisions, 
with the exception of the non-substantive change to re-number R307-410-
5(1)[(d)] to R307-410-5(1)(c)(i)(C). The August 29, 2014 submittal's 
newly amended rule supersedes and replaces all previous versions of 
submittals of R307-101-3, General Requirements, Version of Code of 
Federal Regulations Incorporated by Reference. EPA proposes to approve 
the August 29, 2014 revisions. Previous submittals were received on 
January 28, 2010, September 16, 2010, April 26, 2012 and November 4, 
2013. No further EPA action is required on these earlier submittals.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the Utah Division of Air Quality rules regarding rules, 
general requirements, and test methods discussed in section II, 
Analysis of the State Submittals, of this preamble. The EPA has made, 
and will continue to make, these documents generally available 
electronically through www.regulations.gov and/or in hard copy at the 
appropriate EPA office (see the ADDRESSES section of this preamble for 
more information).

V. Statutory and Executive Orders Review

    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 
actions, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely approves some 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 
in a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).

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, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: June 3, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2015-15158 Filed 6-18-15; 8:45 am]
 BILLING CODE 6560-50-P