[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Proposed Rules]
[Pages 51499-51504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20895]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2014-0369; FRL-9932-90-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; Revisions to the Utah Division of Administrative Rules,
R307-300 Series; Area Source Rules for Attainment of Fine Particulate
Matter Standards
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval and conditional approval of portions of the fine particulate
matter (PM2.5) State Implementation Plan (SIP) and other
general rule revisions submitted by the State of Utah. The revisions
affect the Utah Division of Administrative Rules (DAR), R307-300
Series; Requirements for Specific Locations; the revisions had
submission dates of February 2, 2012, May 9, 2013, June 8, 2013,
February 18, 2014, April 17, 2014, May 20, 2014, July 10, 2014, August
6, 2014, and December
[[Page 51500]]
9, 2014. These area source rules control emissions of direct
PM2.5 and PM2.5 precursors, sulfur dioxides
(SO2), nitrogen oxides (NOx) and volatile organic compounds
(VOC). Additionally, the EPA will be proposing to approve the State's
reasonably available control measure (RACM) determinations for the rule
revisions that pertain to the PM2.5 SIP. This action is
being taken under section 110 of the Clean Air Act (CAA or Act).
DATES: Written comments must be received on or before September 24,
2015.
ADDRESSES: Submit your comments, identified by EPA-R08-OAR-2014-0369,
by one of the following methods:
http://www.regulations.gov. Follow the online 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, EPA, Region 8, Mailcode 8P-
AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
Hand Delivery: Director, Air Program, 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-
2014-0369. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://www.regulations.gov or email. The http://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 http://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 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 http://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 at http://www.regulations.gov or at the EPA Region 8, Office of Partnerships and
Regulatory Assistance, Air Program, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129. EPA requests that 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. An
electronic copy of the State's SIP compilation is also available at
http://www.epa.gov/region8/air/sip.html.
FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air Program, EPA,
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129, (303) 312-6602, [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
a. Submitting 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 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.
b. Tips for Preparing Your Comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. 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.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
A. Regulatory Background
On October 17, 2006 (71 FR 61144), the EPA strengthened the level
of the 24-hour PM2.5 National Ambient Air Quality Standards
(NAAQS), lowering the primary and secondary standards from 65
micrograms per cubic meter ([micro]g/m\3\), the 1997 standard, to
35[micro]g/m\3\. On November 13, 2009 (74 FR 58688), the EPA designated
three nonattainment areas in Utah for the 24-hour PM2.5
NAAQS of 35 [micro]g/m\3\. These are the Salt Lake City, UT; Provo, UT;
and Logan, UT-ID nonattainment areas. The EPA originally designated
these areas under CAA title I, part D, subpart 1, which required Utah
to submit an attainment plan for each area no later than three years
from the date of their nonattainment designations. These plans needed
to provide for the attainment of the PM2.5 standard as
expeditiously as practicable, but no later than five years from the
date the areas were designated nonattainment.
Subsequently, on January 4, 2013, the U.S. Court of Appeals for the
District of Columbia held that the EPA should have implemented the 2006
PM2.5 24-hour standard based on both CAA title I, part D,
subpart 1 and subpart 4. Under
[[Page 51501]]
subpart 4, nonattainment areas are initially classified as moderate,
and moderate area attainment plans must address the requirements of
subpart 4 as well as subpart 1. Additionally, CAA subpart 4 sets a
different SIP submittal due date and attainment year. For a moderate
area, the attainment SIP is due 18 months after designation and the
attainment year is the end of the sixth calendar year after
designation. On June 2, 2014 (79 FR 31566), the EPA finalized the
Identification of Nonattainment Classification and Deadlines for
Submission of State Implementation Plan (SIP) Provisions for the 1997
Fine Particulate (PM2.5) National Ambient Air Quality
Standard (NAAQS) and 2006 PM2.5 NAAQS (``the Classification
and Deadline Rule''). This rule classified to moderate the areas that
were designated in 2009 as nonattainment, and set the attainment SIP
submittal due date for those areas at December 31, 2014. This rule did
not affect the moderate area attainment date of December 31, 2015.
On March 23, 2015, the EPA proposed the Fine Particulate Matter
National Ambient Air Quality Standards: State Implementation Plan
Requirements (``PM2.5 Implementation Rule''), 80 FR 15340,
which partially addresses the January 4, 2013 court ruling. This
proposed rule details how air agencies should meet the statutory SIP
requirements that apply under subparts 1 and 4 to areas designated
nonattainment for any PM2.5 NAAQS, such as: General
requirements for attainment plan due dates and attainment
demonstrations; provisions for demonstrating reasonable further
progress; quantitative milestones; contingency measures; Nonattainment
New Source Review (NNSR) permitting programs; and RACM (including
reasonably available control technology (RACT)), among other things.
The statutory attainment planning requirements of subparts 1 and 4 were
established to ensure that the following goals of the CAA are met: (i)
That states implement measures that provide for attainment of the
PM2.5 NAAQS as expeditiously as practicable; and, (ii) that
states adopt emissions reduction strategies that will be the most
effective, and the most cost-effective, at reducing PM2.5
levels in nonattainment areas.
The PM2.5 Implementation Rule proposed a process for
states to determine the control strategy for PM2.5
attainment plans. The process consists of identifying all
technologically and economically feasible control measures, including
control technologies for all sources of direct PM2.5 and
PM2.5 precursors in the emissions inventory for the
nonattainment area which are not otherwise exempted from consideration
for controls.\1\ From that list of measures, the state must identify
those that it can implement within four years of designation of the
area (and which would thus meet the statutory requirements for RACM and
RACT) and any ``additional reasonable measures,'' which EPA is
proposing in the PM2.5 Implementation Rule to define as
those technologically and economically feasible measures that the state
can only implement on sources in the nonattainment area after the four
year deadline for RACM and RACT has passed. See proposed 40 CFR
51.1000.
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\1\ Such exemptions could be due to a demonstrated lack of
significant contribution of a certain PM2.5 precursor to
the area's elevated PM2.5 concentrations or due to a
presumptive determination that a certain source category contributes
only a de minimis amount toward PM2.5 levels in a
nonattainment area.
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B. RACT and RACM Requirements for PM2.5 Attainment Plans
Section 172(c)(1) of the Act (from subpart 1) requires that
attainment plans, in general, provide for the implementation of all
RACM as expeditiously as practicable (including RACT) and shall provide
for attainment of the national primary ambient air quality standards.
Section 189(a)(1)(C) (from subpart 4) requires moderate area attainment
plans to contain provisions to assure that RACM is implemented no later
than four years after designation.
The EPA stated its interpretation of the RACT and RACM requirements
of subparts 1 and 4 in the 1992 General Preamble for the Implementation
of Title I of the Clean Air Act Amendments of 1990, 57 FR 13498 (Apr.
6, 1992). For RACT, the EPA followed its ``historic definition of RACT
as the lowest emission limitation that a particular source is capable
of meeting by the application of control technology that is reasonably
available considering technological and economic feasibility.'' 57 FR
13541. Like RACT, the EPA has historically considered RACM to consist
of control measures that are reasonably available, considering
technological and economic feasibility. See PM2.5
Implementation Rule, 80 FR 15373.
C. Utah's PM2.5 Attainment Plan Submittals
Prior to the January 4, 2013 decision of the DC Circuit Court of
Appeals, Utah developed a PM2.5 attainment plan intended to
meet the requirements of subpart 1. The EPA submitted written comments
dated November 1, 2012 to the Utah Division of Air Quality (DAQ) on
Utah's draft PM2.5 SIP, technical support document (TSD),
and area source and other rules. After the court's decision, Utah
amended its attainment plan to address requirements of subpart 4. On
December 2, 2013, the EPA provided comments on Utah's revised draft
PM2.5 SIPs for the Salt Lake City and Provo areas, including
the TSDs and rules in Section IX, Part H. These written comments from
EPA included some comments applicable to the rules we are proposing to
act on today. The comment letters can be found within the docket for
this action on www.regulations.gov.
In addition to Utah's February 2, 2012 SIP submittal, on May 9,
2013, June 8, 2013, February 18, 2014, April 17, 2014, May 20, 2014,
July 10, 2014, August 6, 2014, and December 9, 2014 the State of Utah
submitted to EPA various revisions to the Division of Administrative
Rules (DAR), Title R307--Environmental Quality, set of rules, most of
which are applicable to the Utah SIP for PM2.5 nonattainment
areas. The new rules or revised rules we are addressing in this
proposed rule were provided by Utah in the nine different submissions
listed above, and these rules are: R307-101-2, General Requirements:
Definitions; R307-103, Administrative Procedures; R307-303, Commercial
Cooking; R307-307, Road Salting and Sanding; R307-312, Aggregate
Processing Operations for PM2.5 Nonattainment Areas; R307-
328, Gasoline Transfer and Storage; R307-335, Degreasing and Solvent
Cleaning Operations; R307-342, Adhesives and Sealants; R307-343
Emissions Standards for Wood Furniture Manufacturing Operations; R307-
344, Paper, Film, and Foil Coatings; R307-345, Fabric and Vinyl
Coatings; R307-346, Metal Furniture Surface Coatings; R307-347, Large
Appliance Surface Coatings; R307-348, Magnet Wire Coatings; R307-349,
Flat Wood Panel Coatings; R307-350, Miscellaneous Metal Parts and
Products Coatings; R307-351, Graphic Arts; R307-352, Metal Container,
Closure, and Coil Coatings; R307-353, Plastic Parts Coatings; R307-354,
Automotive Refinishing Coatings; R307-355, Control of Emissions from
Aerospace Manufacture and Rework Facilities; R307-356, Appliance Pilot
Light; R307-357, Consumer Products; and R307-361, Architectural
Coatings.
A previous rule, Rule R307-340 Surface Coating Processes, was
replaced in these submittals by the specific rules for coatings listed
above. Utah correspondingly repealed R307-340. In addition, Rule R307-
342, Adhesives and Sealants, replaces an unrelated rule, R307-342
Qualifications of Contractors and Test Procedures for Vapor Recovery
[[Page 51502]]
Systems for Gasoline Delivery Tanks. The removal of the previous
version of R307-342 is addressed by the State's February 2, 2012
submittal, which repeals R307-342 and amends R307-328, Gasoline
Transfer and Storage, to account for the repeal of R307-342.
The final Utah submittal for fourteen of these rules was the
December 9, 2014 submittal. The final Utah submittals for the remaining
rules were from the February 2, 2012, May 9, 2013, June 8, 2013,
February 18, 2014, April 17, 2014, May 20, 2014, July 10, 2014, and
August 6, 2014 submittals. For each individual rule, the particular
submittal containing the final version of the rule is identified in the
technical support document provided in the docket for this proposed
action.
III. EPA's Evaluation of Utah's Submittals
The SIP revisions in the February 2, 2012, May 9, 2013, June 8,
2013, February 18, 2014, April 17, 2014, May 20, 2014, July 10, 2014,
August 6, 2014, and December 9, 2014 submittals that we are proposing
to act on involve revisions to the DAR, Title R307--Environmental
Quality, R307-101-2 General Requirements: Definitions; R307-103,
Administrative Procedures; and the R307-300 Series; Requirements for
Specific Locations (Within Nonattainment and Maintenance Areas). A
number of the rules were submitted in multiple submission packages. The
final, most recent submission package for each individual rule
supersedes earlier submissions, and our proposed determination for each
rule takes all changes from those earlier submissions into account.
These final rule submissions, except for revisions to R307-101-2, R307-
103, and R307-328, and the repeal of R307-342, are submitted and
requested for approval as RACM components of the PM2.5 SIP
submitted by the State of Utah. EPA is also taking action on two rule
revisions that do not pertain to the Utah PM2.5 SIPs which
include revisions to R307-328 and the repeal of R307-342. All of these
rule revisions found in these submittals can be found on
www.regulations.gov.
The rules for RACM for area sources fall into two types. First,
there are a number of similar rules for control of VOC emissions. These
rules cover categories of area sources that use materials that contain
VOCs, and also in some cases categories of area sources that
manufacture or produce these materials.\2\ The second type of rule
provide specific requirements for emissions of direct PM2.5,
VOCs, NOx, and SO2 from a few specific categories of
sources.\3\
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\2\ The rules of this type are: R307-335, Degreasing and Solvent
Cleaning Operations; R307-342, Adhesives and Sealants; R307-343
Emissions Standards for Wood Furniture Manufacturing Operations;
R307-344, Paper, Film, and Foil Coatings; R307-345, Fabric and Vinyl
Coatings; R307-346, Metal Furniture Surface Coatings; R307-347,
Large Appliance Surface Coatings; R307-348, Magnet Wire Coatings;
R307-349, Flat Wood Panel Coatings; R307-350, Miscellaneous Metal
Parts and Products Coatings; R307-351, Graphic Arts; R307-352, Metal
Container, Closure, and Coil Coatings; R-307-353, Plastic Parts
Coatings; R307-354, Automotive Refinishing Coatings; R307-355,
Control of Emissions from Aerospace Manufacture and Rework
Facilities; R307-357, Consumer Products; and R307-361, Architectural
Coatings.
\3\ The rules of this type are: R307-303, Commercial Cooking;
R307-307, Road Salting and Sanding; R307-312, Aggregate Processing
Operations for PM2.5 Nonattainment Areas; and R307-357,
Appliance Pilot Light.
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For the first type of rule, Utah generally allows area sources to
comply in two ways. One is through use or production of materials with
specified VOC content levels. The other is through use of add-on
controls. For use of materials, in most rules sources can demonstrate
compliance through manufacturer's data sheets. For add-on controls, the
State has provided specific test methods to determine the efficiency of
the controls.
The following is a summary of EPA's evaluation of the rule
revisions. The details of our evaluation are provided in a TSD that is
available in the docket for this action. In general, we reviewed the
rules for: enforceability; RACM requirements (for those rules submitted
as RACM); and other applicable requirements of the Act.
With respect to enforceability, section 110(a)(2)(A) of the Act
requires SIP provisions such as emission limitations to be enforceable,
and sections 110(a)(2)(F)(i) and (F)(ii) require plans to contain
certain types of provisions related to enforceability, such as source
monitoring, as prescribed by the Administrator. 40 CFR part 51, subpart
K, Source Surveillance, prescribes requirements that plans must meet in
this respect. 40 CFR Section 51.211 requires plans to contain legally
enforceable procedures for owners or operators of stationary sources to
maintain records and report information to the State in order to
determine whether the source is in compliance. 40 CFR Section 51.212
requires plans to, among other things, contain enforceable test methods
for each emission limit in the plan. Appropriate test methods may be
selected from Appendix M to 40 CFR part 51 or Appendix A to 40 CFR part
60, or a state may use an alternative method following review and
approval of that method by the EPA.
Our review of the rules for enforceability revealed a few potential
issues. First, certain rules did not clearly identify the test method
that should be used to determine compliance. On August 4, 2015, the
State provided a clarification letter that addresses this issue.
Second, certain rules specified use of an ``equivalent method'' for
compliance. This can create issues for enforceability of the provision
under section CAA 110(a)(2)(C), as well as potentially violating the
requirement of section 110(i) that SIP requirements for stationary
sources can only be changed (with certain limited exceptions) through
the SIP revision process. The State has provided a letter on August 4,
2015 that commits to provide a specific SIP revision to either remove
the provision for use of an equivalent method, or to specify the other
methods that can be used for compliance. Details of our analysis are in
the docket for this rulemaking.
For review of the State's RACM analyses, the EPA proposes to adopt
the interpretation of RACM set out in the General Preamble, 57 FR
13498, 13540-13544 (April 6, 1992), and described in the March 23, 2015
proposed PM2.5 Implementation Rule. That is, RACM consists
of the control measures that are reasonably available considering
technological and economic feasibility. This includes EPA's
longstanding interpretation that economic feasibility ``involves
considering the cost of reducing emissions and the difference between
the cost of an emissions reduction measure at a particular source and
the cost of emissions reduction measures that have been implemented at
other similar sources in the same or other areas.'' 80 FR 15373-74.
Our detailed review of the State's RACM analyses for the rules we
are acting on is provided in a TSD in the docket for this action. We
did not review whether Utah's PM2.5 attainment plan as a
whole addresses all necessary requirements for RACM under subparts 1
and 4. Based on our review, we are proposing to approve the State's
submission that the particular rules we are acting on constitute RACM
for the covered source categories, but we are not proposing to approve
the PM2.5 attainment plan as a whole with respect to RACM
requirements. We will act on the remainder of the attainment plan in a
separate action.
Finally, we reviewed all rules for compliance with other
requirements of the Act. This review revealed a potential issue with
one provision in the general definitions in R307-101-2. The provision
defined ``PM2.5 precursor'' to
[[Page 51503]]
include specifically only VOC, SO2, and NOX. As a
factual matter, ammonia (NH3) is also a precursor to
PM2.5, and at a minimum PM2.5 attainment plans
should include inventories of all PM2.5 precursors.\4\
However, after review by UDAQ and EPA, we found that this definition
was not used anywhere in Utah's SIP and could be removed. On August 4,
2015, the State provided a commitment letter to address the issue by
removing the definition of PM2.5 precursor.
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\4\ The PM2.5 Implementation Rule proposes options
for how states should substantively address control of these
precursors.
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IV. What action is EPA proposing?
EPA is proposing approval of the revisions to Administrative Rules
R307-101-2 and R307-103, along with the additions/revisions/repeals in
R307-300 Series; Requirements for Specific Locations (Within
Nonattainment and Maintenance Areas), R307-303, R307-307, R307-312
(conditionally approved, see below), R307-335, R307-340 (repealed),
R307-342 (repealed and replaced), R307-343, R307-344, R307-345, R307-
346, R307-347, R307-348, R307-349, R307-350, R307-351, R307-352, R307-
353, R307-354, R307-355, R307-356, R307-357, and R307-361 for
incorporation to the Utah SIP as submitted by the State of Utah on May
9, 2013, June 8, 2013, February 18, 2014, April 17, 2014, May 20, 2014,
July 10, 2014, August 6, 2014, and December 9, 2014. We are proposing
to approve Utah's determination that the above rules in R307-300
Series; Requirements for Specific Locations (Within Nonattainment and
Maintenance Areas) constitute RACM for the Utah PM2.5 SIP
for the specific source categories addressed; however, we are not
proposing to determine that Utah's PM2.5 attainment plan has
met all requirements regarding RACM under subparts 1 and 4 of Part D,
title I of the Act. We intend to act separately on the remainder of
Utah's PM2.5 attainment plan.
EPA is proposing to conditionally approve revisions to R307-312 and
R307-328. Additionally, EPA is proposing to conditionally approve
Utah's determination that R307-312 constitutes RACM for the Utah
PM2.5 SIP for aggregate processing operations. As stated
above, we are not proposing to determine that Utah's PM2.5
attainment plan has met all requirements regarding RACM under subparts
1 and 4 of Part D, title I of the Act. Under section 110(k)(4) of the
Act, EPA may approve a SIP revision based on a commitment by the State
to adopt specific enforceable measures by a date certain, but not later
than one year after the date of approval of the plan revision. On
August 4, 2015, Utah submitted a commitment letter to adopt and submit
specific revisions within one year of our final action on these
submittals; specifically to remove the phrase ``or equivalent method''
in one rule and to specify three equivalent methods in the other rule.
If we finalize our proposed conditional approval, Utah must adopt and
submit the specific revisions it has committed to within one year of
our finalization. If Utah does not submit these revisions within one
year, or if we find Utah's revisions to be incomplete, or we disapprove
Utah's revisions, this conditional approval will convert to a
disapproval. If any of these occur and our conditional approvals
convert to a disapproval, that will constitute a disapproval of a
required plan element under part D of title I of the Act, which starts
an 18-month clock for sanctions, see CAA section 179(a)(2), and the
two-year clock for a federal implementation plan (FIP), see CAA section
110(c)(1)(B).
Finally, EPA is proposing to approve the repeal of R307-342,
Qualification of Contractors and Test Procedures for Vapor Recovery
Systems for Gasoline Delivery Tanks, submitted by DAQ on February 2,
2012.
V. Consideration of Section 110(l) of the CAA
Under section 110(l) of the CAA, the EPA cannot approve a SIP
revision if the revision would interfere with any applicable
requirements concerning attainment and reasonable further progress
toward attainment of the NAAQS, or any other applicable requirement of
the Act. In addition, section 110(l) requires that each revision to an
implementation plan submitted by a state shall be adopted by the state
after reasonable notice and public hearing.
The Utah SIP revisions that the EPA is proposing to approve do not
interfere with any applicable requirements of the Act. The DAR section
R307-300 Series submitted by the DAQ on May 9, 2013, June 8, 2013,
February 18, 2014, April 17, 2014, May 20, 2014, July 10, 2014, August
6, 2014, and December 9, 2014 are intended to strengthen the SIP and to
serve as RACM for certain area sources for the Utah PM2.5
SIP. The repeal of R307-340 does not weaken the Utah SIP or the Ozone
Maintenance Plan as a number of the new or revised rules addressing
surface coatings take the place of R307-340 in total, and are as or
more protective than R307-340. The revision to R307-328, Gasoline
Transfer and Storage, and the repeal of R307-342, Qualification of
Contractors and Test Procedures for Vapor Recovery Systems for Gasoline
Delivery Tanks, submitted on by DAQ February 2, 2012, do not weaken the
Utah SIP or the Ozone Maintenance Plan, because R307-328 replaces the
testing requirements for trucks in R307-342 with the federal Maximum
Achievable Control Technology (MACT) requirements. Finally, Utah's
submittals provide adequate evidence that the revisions were adopted
after reasonable public notices and hearings. Therefore, CAA section
110(l) requirements are satisfied.
VI. 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 DAQ rules promulgated in the DAR, R307-300 Series as
discussed in section III, EPA's Evaluation of Utah's 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).
VII. 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 action merely proposes to approve state law as
meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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 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
[[Page 51504]]
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 CAA; 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, 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 proposed 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,
Intergovernmental relations, Incorporation by reference, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organization compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 10, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2015-20895 Filed 8-24-15; 8:45 am]
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