[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Rules and Regulations]
[Pages 54237-54242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22594]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0370; FRL-9930-71-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Motor Vehicle Inspection and Maintenance and Associated 
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of Utah on 
January 10, 2013 and January 28, 2014. The revisions involve amendments 
to Section X, Vehicle Inspection and Maintenance Program, Part A, 
General Requirements and Applicability; the addition of Section X, 
Vehicle Inspection and Maintenance Program, Part F, Cache County; and 
revisions to Utah Administrative Rules R307-110-1, R307-110-31, and 
R307-110-36. EPA is approving these SIP revisions in accordance with 
the requirements of section 110 of the Clean Air Act (CAA).

DATES: This final rule is effective October 9, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2014-0370. 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 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: Tim Russ, Air Program, EPA, Region 8, 
Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 
312-6479, [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. What was the State's process?
III. EPA's Evaluation of the State's Revisions to Section X, Vehicle 
Inspection and Maintenance Program, Part A, General Requirements and 
Applicability
IV. EPA's Evaluation of the State's Revisions to Section X, Vehicle 
Inspection and Maintenance Program, Part F, Cache County
V. EPA's Evaluation of the State's Associated Revisions to Utah 
Rules R307-110-1, R307-110-31, and R307-110-36
VI. Consideration of Section 110(l) of the Clean Air Act
VII. Final Action
VIII. Incorporation by Reference
IX. Statutory and Executive Order Reviews

I. Background

A. Utah's Revisions to SIP Section X, Vehicle Inspection and 
Maintenance Program, Part A, General Requirements and Applicability

    Section X of the Utah SIP addresses the provisions and requirements 
for the motor vehicle inspection and maintenance (I/M) programs that 
are administered by five counties in Utah. Section X of the SIP is 
divided into six subparts ``A'' through ``F''; Part A addresses general 
requirements and applicability provisions that are common to each of 
the counties' I/M programs, Part B is the Davis County vehicle I/M 
program, Part C is the Salt Lake County vehicle I/M program, Part D is 
the Utah County vehicle I/M program, Part E is the Weber County vehicle 
I/M program, and Part F is the Cache County vehicle I/M program.
    Section X, Part A is entitled ``Vehicle Inspection and Maintenance 
Program, General Requirements and Applicability.'' The current version 
of Part A, last approved by EPA on November 2, 2005 (70 FR 66264), 
provides a discussion of the federal I/M requirements, the aspects of 
On-Board Diagnostics (OBD) tests, a brief history of the Utah I/M 
program and the state's general authority and general information 
regarding the applicability of the Utah SIP to such I/M program aspects 
as test frequency, enforcement, vehicle registration, and change in 
vehicle ownership. Although duplicative, each of the four counties' 
existing I/M programs, found in Parts B, C, D, and E to Section X, 
contained very similar language as provided in Part A.
    By a letter dated January 10, 2013, the Governor of Utah submitted 
a revision to Section X, Part A that updates and expands Part A to 
contain the relevant brief history of the Utah I/M program, the state's 
general authority, additional language on test types, general public 
information, general enforcement provisions which are relevant to the 
four counties implementing an existing I/M program, and the new I/M 
program in Cache County. As Part A is applicable to all five of the 
counties' I/M programs, this allows the removal of the duplicative 
general language in existing Section X and allows the consolidation of 
the common information and provisions in each counties' I/M program 
into Part A. Each of the counties' I/M programs contained in Section X, 
Parts B through F will then reference Part A.

B. Utah's Revisions to SIP section X, Vehicle Inspection and 
Maintenance Program, To Add Part F, Cache County

    On November 13, 2009 (74 FR 58688), EPA designated a portion of 
Cache County, Utah as nonattainment for the 2006 PM2.5 \1\ 
24-hour national ambient air quality standard (NAAQS). The Cache County 
portion includes the city of Logan, Utah. The nonattainment area, which 
also includes portions of

[[Page 54238]]

Franklin County, Idaho, is identified by EPA as ``Logan--UT/ID.''
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    \1\ PM2.5 is Particulate Matter less than or equal to 
2.5 microns in diameter.
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    Through the course of the development of a dispersion modeled 
attainment demonstration for Utah's attainment plan, a motor vehicle I/
M program was identified by the state as a reasonable control strategy 
to achieve reductions of PM2.5 precursor emissions of 
nitrogen oxides (NOX) and volatile organic compounds (VOC) 
necessary to support the SIP attainment demonstration for the Cache 
County portion of the Logan-UT/ID 2006 PM2.5 24-hour NAAQS 
nonattainment area. EPA notes, however, that under the applicable 
subparts of Part D of Title I of the CAA for PM2.5 
attainment plans, subparts 1 and 4, Cache County's I/M program is not a 
CAA mandatory or required I/M program and is therefore not held to the 
same level of applicable requirements as found in 40 CFR part 51, 
subpart S (hereafter ``40 CFR 51, subpart S''), I/M program 
requirements. As an example, a performance standard demonstration is 
not required for the Cache County I/M program. Part F of Section X, in 
conjunction with Section X, Part A as discussed above, was instead 
designed by the County and state to meet the minimum applicable I/M 
provisions and requirements presented in 40 CFR 51, subpart S. It is 
also noted in Part F that although only a portion of Cache County was 
designated as nonattainment for the 2006 PM2.5 24-hour 
NAAQS, the I/M program will be implemented County-wide.
    By a letter dated January 28, 2014, the Governor submitted a SIP 
revision to add Section X, Part F, for the new motor vehicle I/M 
program for Cache County. As described further below, the Cache County 
I/M program was designed with certain necessary components from 40 CFR 
51, subpart S in order to have a viable I/M program that helps reduce 
NOX and VOC precursor emissions of PM2.5. The I/M 
program also generates emission reductions suitable for use in the 
PM2.5 attainment demonstration that was subsequently 
submitted by Utah to EPA on December 16, 2014.

C. Utah's Revisions to Rules R307-110-1, R307-110-31, and R307-110-36

    The Utah Administrative Code is the body of all effective 
administrative rules as compiled and organized by the Utah Division of 
Administrative Rules, Utah Department of Administrative Services.\2\ 
Utah's Administrative Rules are a portion of Utah's Codified Law. In 
Utah, statements written by state agencies which have the effect of law 
are called administrative rules. Unlike state statutes, which change 
only when the Utah Legislature is in session, administrative rules 
change throughout the year. A Utah administrative rule serves at least 
two purposes; first, an enacted administrative rule has the binding 
effect of law, and second, an administrative rule informs citizens of 
actions a state government agency will take or how a state agency will 
conduct its business. Under the authority of the Utah Air Conservation 
Act as provided in Utah Code Title 19, Chapter 2, the Utah Air Quality 
Board (UAQB) adopts certain provisions and requirements into the Utah 
SIP. Those particular SIP elements must then be incorporated by 
reference into the appropriate section of the Utah Administrative Rules 
(hereafter ``Utah Rules'').
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    \2\ For further information and citations to the relevant Utah 
statutes that govern rulemaking, please refer to the Web site of the 
Division of Administrative Rules: http://www.rules.utah.gov/ .
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    By letters dated January 10, 2013 and January 28, 2014, the 
Governor submitted SIP revisions involving updates to sections of the 
R307-110 series air quality Utah Rules. The Governor's submittals 
requested EPA to approve actions taken by the UAQB that updated three 
sections of the Utah Rules R307-110 series which are entitled ``General 
Requirements: State Implementation Plan.'' The three rules are:
    1. R307-110-1 which incorporates by reference the Utah SIP into the 
Utah Rules and advises the public that the SIP is available on the Utah 
Division of Air Quality (UDAQ) Web site.
    2. R307-110-31 which incorporates by reference Utah SIP Section X, 
Vehicle Inspection and Maintenance Program, Part A, General 
Requirements and Applicability.
    3. R307-110-36 which incorporates by reference Utah SIP Section X, 
Vehicle Inspection and Maintenance Program, Part F, Cache County.

D. Proposed rule.

    On November 10, 2014, EPA published a proposed rule in the Federal 
Register (see 79 FR 66670) in which we fully described and proposed 
approval of the SIP revisions discussed above. Our proposed rule 
provided an opportunity for public comment through December 10, 2014. 
We did not receive any comments in response to our November 10, 2014 
proposed rule.

II. What was the State's process?

    Section 110(a)(2) of the CAA requires that a state provide 
reasonable notice and public hearing before adopting a SIP revision and 
submitting it to us.

A. The Governor's January 10, 2013 SIP Submittal

    On October 15, 2012, October 16, 2012, and October 17, 2012 the 
UAQB of the Utah Department of Environmental Quality conducted public 
hearings to consider the adoption of revisions and additions to the 
Utah SIP and the appropriate sections of the Utah Rules. The revisions 
affecting the SIP involved SIP Section X, Vehicle Inspection and 
Maintenance Program, Part A, General Requirements and Applicability; 
SIP Section X, Vehicle Inspection and Maintenance Program, Part F, 
Cache County; and Utah Rules R307-110-1, R307-110-31, and R307-110-36. 
After reviewing and responding to comments received before and during 
the public hearings, the UAQB adopted the proposed revisions on 
December 5, 2012. The SIP and Utah Rule revisions became state 
effective on December 6, 2012 and were submitted by the Governor to EPA 
by a letter dated January 10, 2013. By a subsequent letter dated 
February 25, 2013, Bryce Bird, Director, UDAQ submitted the necessary 
administrative documentation that supported the Governor's submittal.
    We evaluated the Governor's January 10, 2013 submittal for SIP 
Section X, Vehicle Inspection and Maintenance Program, Part A, General 
Requirements and Applicability; SIP Section X, Vehicle Inspection and 
Maintenance Program, Part F, Cache County; and Rules R307-110-1, R307-
110-31, and R307-110-36 and determined that Utah met the requirements 
for reasonable notice and public hearing under section 110(a)(2) of the 
CAA. By operation of law under section 110(k)(1)(B) of the CAA, the 
Governor's January 10, 2013 submittal was deemed complete on July 10, 
2013.

B. The Governor's January 28, 2014 SIP Submittal

    On August 7, 2013 the UAQB proposed for public comment amendments 
to the Utah SIP for Section X, Vehicle Inspection and Maintenance 
Program, Part F, Cache County and Utah Rule R307-110-36. These proposed 
revisions superseded and replaced those previous revisions to the SIP 
for Section X, Vehicle Inspection and Maintenance Program, Part F, 
Cache County and Utah Rule R307-110-36 that the Governor had submitted 
to EPA with his letter to EPA dated January 10, 2013. Included with the 
state's administrative documentation for these SIP and Rule revisions 
were letters dated October 23, 2013 and October 24, 2013 from Bryce 
Bird, Director, UDAQ, to the UAQB. Both of these letters indicated that 
a

[[Page 54239]]

public comment period was held from September 1 through October 1, 
2013, regarding the proposed Cache County I/M program (ref. October 24, 
2013 letter) and Utah Rule R307-110-36 (ref. October 23, 2013 letter) 
revisions, and that no public comments were received and no public 
hearings were requested. In consideration of these two letters, the 
UAQB subsequently adopted the proposed revisions on November 6, 2013. 
The SIP and Rule revisions became State effective on November 7, 2013, 
and were submitted by the Governor to EPA by a letter dated January 28, 
2014. By a subsequent letter dated February 4, 2014, Bryce Bird, 
Director, UDAQ submitted the necessary administrative documentation 
that supported the Governor's submittal.
    We evaluated Utah's January 28, 2014 submittal and determined that 
the State met the requirements for reasonable notice and public hearing 
under section 110(a)(2) of the CAA. By a letter dated June 30, 2014, we 
advised the Governor that the SIP and Rule revisions submittal was 
deemed to have met the minimum ``completeness'' criteria found in 40 
CFR part 51, Appendix V.

III. EPA's Evaluation of the State's Revisions to Section X, Vehicle 
Inspection and Maintenance Program, Part A, General Requirements and 
Applicability

    As noted in section I of this action, Section X of the Utah SIP 
addresses the provisions and requirements for the motor vehicle I/M 
programs administered by five counties in Utah. Section X of the SIP is 
divided into six subparts, ``A'' through ``F,'' with Part A addressing 
general requirements and applicability provisions that are common to 
each of the counties' I/M programs. Section X, Part A is entitled 
``Vehicle Inspection and Maintenance Program, General Requirements and 
Applicability,'' and its current provisions and requirements, as 
updated by the Governor's SIP submittal of January 10, 2013, are 
discussed below:

A. Utah SIP Section X, Part A: ``Requirements.''

    We provided a full analysis of the revisions to this section of the 
SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the 
specific discussion, the reader is directed to section IV of our 
proposed rule which is entitled ``IV. EPA's Evaluation of the State's 
Revisions to Section X, Vehicle Inspection and Maintenance Program, 
Part A, General Requirements and Applicability.'' Please see page 79 FR 
66672.

B. Utah SIP Section X, Part A: ``General Applicability.''

    We provided a full analysis of the revisions to this section of the 
SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the 
specific discussion, the reader is directed to section IV of our 
proposed rule which entitled ``IV. EPA's Evaluation of the State's 
Revisions to Section X, Vehicle Inspection and Maintenance Program, 
Part A, General Requirements and Applicability.'' Please see pages 79 
FR 66672 and 66673.

C. Utah SIP Section X, Part A: ``General Summary.''

    We provided a full analysis of the revisions to this section of the 
SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the 
specific discussion, the reader is directed to section IV of our 
proposed rule which entitled ``IV. EPA's Evaluation of the State's 
Revisions to Section X, Vehicle Inspection and Maintenance Program, 
Part A, General Requirements and Applicability.'' Please see page 79 FR 
66673.
    Based on EPA's review of Utah's revisions to SIP Section X, Vehicle 
Inspection and Maintenance Program, Part A, Requirements, General 
Applicability, and General Summary and in consideration of our full 
analysis as provided in our proposed rule of November 10, 2014 (79 FR 
66670), we have concluded that our approval is warranted. As noted in 
our November 10, 2014 proposed rule, this conclusion incorporates our 
review of our prior approval of this section of the SIP (see 70 FR 
66264, November 2, 2005) and the applicable sections of 40 CFR 51, 
subpart S (sections 51.350 to 51.373). We have determined that the 
revisions to Section X, Vehicle Inspection and Maintenance Program, 
Part A, Requirements, General Applicability, and General Summary 
sufficiently address the applicable sections of 40 CFR 51, subpart S 
for these particular aspects of Utah's five counties' I/M programs. We, 
therefore, are approving these revisions to the SIP.

IV. EPA's Evaluation of the State's Revisions to Section X, Vehicle 
Inspection and Maintenance Program, Part F, Cache County

    Section X, Part F of the Utah SIP addresses the provisions and 
requirements for the implementation of the motor vehicle I/M program in 
Cache County, Utah. Section X, Part F of the SIP contains three main 
components for the Cache County I/M program: (a.) The SIP language for 
Section X Part F that addresses applicability, a general description of 
the Cache County I/M program, and the time frame for implementation of 
the I/M program; (b.) the Cache County Emission Inspection/Maintenance 
Program Ordinance 2013-4; and (c.) the Bear River Health Department's 
Regulation 2013-1. We note that the Cache County Ordinance 2013-4 
contains language which delegates the implementation of the Cache 
County I/M program to the Bear River Health Department (BRHD). All of 
the above documents were adopted by the UAQB on November 6, 2013 and 
were included with the Governor's SIP submittal of January 28, 2014. 
The documents were supplemented by the February 4, 2014 UDAQ submittal 
of the administrative documentation and are discussed in further detail 
below.

A. Section X, Vehicle Inspection and Maintenance Program, Part F, Cache 
County; Applicability, Description of the Cache County I/M Program, and 
I/M SIP Implementation

    1. Applicability. We provided a full analysis of the revisions to 
this section of the SIP in our proposed rule of November 10, 2014 (79 
FR 66670). For the specific discussion, the reader is directed to 
section V of our proposed rule which entitled ``V. EPA's Evaluation of 
the State's Revisions to Section X, Part F, Cache County Vehicle 
Inspection and Maintenance Program.'' Please see page 79 FR 66674.
    2. Description of Cache County I/M Program. We provided a full 
analysis of the revisions to this section of the SIP in our proposed 
rule of November 10, 2014 (79 FR 66670). For the specific discussion, 
the reader is directed to section V of our proposed rule which is 
entitled ``V. EPA's Evaluation of the State's Revisions to Section X, 
Part F, Cache County Vehicle Inspection and Maintenance Program.'' 
Please see page 79 FR 66674. Our evaluation discussed components of the 
Cache County's I/M program involving such aspects as; Network Type, 
Test Convenience, Subject fleet, Station/inspector Audits, Waivers, 
Test frequency, Test Equipment, and Test Procedures.
    3. I/M SIP Implementation. Our proposed rule of November 10, 2014 
(79 FR 66670) noted on page 79 FR 66674 that the SIP states the 
following to address I/M implementation: ``The I/M program ordinance, 
regulations, policies, procedures, and activities specified in this I/M 
SIP revision shall be implemented by January 1, 2014 and shall continue 
until a maintenance plan without an I/M program is approved by EPA in 
accordance with Section 175 of the Clean Air Act.''

[[Page 54240]]

B. Section X, Vehicle Inspection and Maintenance Program, Part F, Cache 
County; Appendix 1, Cache County Emission Inspection/Maintenance 
Program Ordinance 2013-4

    We provided a full analysis of the revisions to this section of the 
SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the 
specific discussion, the reader is directed to section V of our 
proposed rule which is entitled ``V. EPA's Evaluation of the State's 
Revisions to Section X, Part F, Cache County Vehicle Inspection and 
Maintenance Program.'' Please see page 79 FR 66674. Our evaluation 
discussed components of the Cache County's I/M program involving such 
aspects as: Section 1, Purpose; section 2, Powers and Duties; section 
3, General Provisions; section 4, Guidelines to be Followed by the Bear 
River Board of Health in Implementing a Vehicle Emission Inspection and 
Maintenance Program in Cache County; section 5, Review of Need for 
Program; and section 6, Effective Date. Of particular note is section 
2.3, which delegates implementation of the I/M program to the BRHD, and 
section 4, which sets several of the parameters for BRHD's program 
implementation, including test schedules, fees, and waivers.

C. Section X, Vehicle Inspection and Maintenance Program, Part F, Cache 
County; Appendix 2, Bear River Health Department Regulation 2013-1

    This section of the SIP provides the BRHD's I/M regulation. The 
Cache County I/M program is not a CAA mandated program and is, 
therefore, allotted a certain amount of flexibility in the level of 
applicable requirements as compared to a CAA or otherwise required 
mandatory I/M program. The purpose of the Cache County I/M program is 
to achieve reductions in PM2.5 NAAQS precursor emissions of 
NOx and VOCs, to improve air quality, and to provide emission 
reductions for use in a dispersion modeled SIP attainment 
demonstration. To facilitate these objectives, EPA's analysis of the 
BRHD's Regulation 2013-1 included a comparison of the BRHD's Regulation 
2013-1 to applicable sections of 40 CFR 51, subpart S ``Inspection/
Maintenance Program Requirements.'' EPA's analysis of the BRHD's 
Regulation 2013-1 was accomplished as described below.
    EPA reviewed the BRHD's Regulation 2013-1 for consistency with 
appropriate sections of the federal I/M regulations, as applicable to a 
non-mandatory I/M program, as codified in 40 CFR 51, subpart S, 
sections 51.350 through 51.373. We provided a full analysis of the 
revisions to this section of the SIP in our proposed rule of November 
10, 2014 (79 FR 66670). For the specific discussion, the reader is 
directed to section V of our proposed rule which entitled ``V. EPA's 
Evaluation of the State's Revisions to Section X, Part F, Cache County 
Vehicle Inspection and Maintenance Program.'' Please see pages 79 FR 
66674 through 66678. Our evaluation discussed components of Cache 
County's I/M program, with specific references to the particular 
sections of the BRHD's Regulation 2013-1 and how they appropriately 
addressed the applicable federal requirements including: 40 CFR 
51.350--Applicability; 40 CFR 51.351--Enhanced I/M Performance Standard 
and 40 CFR 51.352--Basic I/M Performance Standard; 40 CFR 51.353--
Network Type; 40 CFR 51.354--Adequate Tools and Resources; 40 CFR 
51.355--Test Frequency and Convenience; 40 CFR 51.356--Vehicle 
Coverage; 40 CFR 51.357--Test Procedures and Standards; 40 CFR 51.358--
Test Equipment; 40 CFR 51.359--Quality Control; 40 CFR 51.360--Waivers; 
40 CFR 51.361--Motorist Compliance Enforcement; 40 CFR 51.362--Motorist 
Compliance Enforcement Program Oversight; 40 CFR 51.363--Quality 
Assurance; 40 CFR 51.364--Enforcement Against Contractors, Stations, 
and Inspectors; 40 CFR 51.365--Data Collection; 40 CFR 51.366--Data 
Analysis and Reporting; 40 CFR 51.367--Inspector Training and Licensing 
or Certification; 40 CFR 51.368--Public Information and Consumer 
Protection; 40 CFR 51.369--Improving Repair Effectiveness; 40 CFR 
51.370--Compliance with Recall Notices; 40 CFR 51.371--On-road Testing; 
40 CFR 51.372--State Implementation Plan Submittals; and 40 CFR 
51.373--Implementation Deadlines.

D. Conclusion

    Our review, as presented in our November 10, 2014 proposed rule (79 
FR 66670) and reiterated herein, involved: (1.) Section X, Part F, 
Vehicle Inspection and Maintenance Program, (2.) Section X, Part F, 
Appendix 1, which is the Cache County Ordinance 2013-4, and (3.) 
Appendix 2, which is the BRHD's Regulation 2013-1, all as compared to 
the applicable provisions of 40 CFR 51, subpart S for a non-mandatory 
I/M program. Based on our review, we have determined that the SIP 
revisions sufficiently address the applicable provisions in 40 CFR 51, 
subpart S for a non-mandatory I/M program and that our approval is 
warranted. We are, therefore, approving the Cache County I/M program as 
described and authorized in Section X, Vehicle Inspection and 
Maintenance Program, Part F, which includes Appendix 1 which is the 
Cache County Ordinance 2013-4, and Appendix 2 which is the BRHD's 
Regulation 2013-1.

E. Special Consideration of the Diesel I/M Provisions in the BRHD's 
Regulation 2013-1

    As we discussed in our proposed rule (79 FR 66670, November 10, 
2014), the Cache County I/M program is not a CAA mandatory or otherwise 
required I/M program. EPA takes note of the provisions in the BRHD's 
Regulation 2013-1, Section 9.4.6, which states that ``[a]ll diesel 
powered vehicles model year 1998 and newer shall be tested as specified 
in Appendix D, Diesel Test Procedures.'' Appendix D of Regulation 2013-
1 is entitled ``Test Procedures'' and contains test procedures for 
OBDII, Two Speed Idle (TSI), and for Diesel Powered Vehicles.
    At this time, EPA has not promulgated specific I/M requirements for 
diesel I/M programs. We have, to date, only issued policy guidance 
regarding the gathering of OBD information from OBD-equipped diesel 
vehicles.\3\ As such, we do not have regulatory language in 40 CFR 51, 
subpart S to compare the diesel I/M requirements in the BRHD's 
Regulation 2013-1 for potential SIP approval and SIP credit. However, 
EPA does believe the above noted diesel I/M provisions in the BRHD's 
Regulation 2013-1 have potential merit for evaluating diesel vehicles 
and for reducing emissions from diesel vehicles. We are therefore also 
approving the diesel I/M provisions in the BRHD's Regulation 2013-1; 
however, our approval is only for the purposes of strengthening the SIP 
and we are not approving the provisions as a diesel I/M program nor 
assigning any SIP credit.
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    \3\ See EPA Office of Transportation and Air Quality: ``Best 
Practices for Addressing OBD Readiness in IM Testing of Diesel 
Vehicles Under 14,000 Pounds Gross Vehicle Weight Rating,'' March 
07, 2013.
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V. EPA's Evaluation of the State's Associated Revisions to Utah Rules 
R307-110-1, R307-110-31, and R307-110-36

A. Revisions to Utah Rule R307-110-1; Incorporation by Reference

    As discussed in our proposed rule of November 10, 2014 (79 FR 
66670), the purpose of the revisions to R307-110-1 is to incorporate by 
reference the Utah SIP into this section of the Utah

[[Page 54241]]

Administrative Rules and to advise the public that the SIP is available 
on the UDAQ's Web site. EPA finds this an administrative revision that 
merely incorporates the Utah SIP into the State's Rules, which are a 
portion of Utah's Codified Law, along with providing the public 
information that the SIP can be accessed via the internet on the UDAQ's 
Web site. The revisions to R307-110-1 were adopted by the UAQB on 
December 5, 2012, became state-effective on December 6, 2012, and were 
as submitted by the Governor by a letter dated January 10, 2013. By a 
subsequent letter dated February 25, 2013, Bryce Bird, Director, UDAQ, 
submitted the necessary administrative documentation that supported the 
Governor's submittal.

B. Revisions to Utah Rule R307-110-31; Section X, Vehicle Inspection 
and Maintenance Program, Part A, General Requirements and Applicability

    As discussed in our proposed rule of November 10, 2014 (79 FR 
66670), the purpose of the revisions to R307-110-31 is to incorporate 
by reference into the Utah Rules, SIP Section X, Vehicle Inspection and 
Maintenance Program, Part A, General Requirements and Applicability, as 
adopted by the UAQB on December 5, 2012, and which became state-
effective on December 6, 2012. The revisions to SIP Section X, Part A, 
were those as we discussed above in sections I, II, and III of this 
action, and in our proposed rule, and were as submitted by the Governor 
by a letter dated January 10, 2013. By a subsequent letter dated 
February 25, 2013, Bryce Bird, Director, UDAQ, submitted the necessary 
administrative documentation that supported the Governor's submittal.

C. Revisions to Utah Rule R307-110-36; Section X, Vehicle Inspection 
and Maintenance Program, Part F, Cache County

    As discussed in our proposed rule of November 10, 2014 (79 FR 
66670), the purpose of the revisions to R307-110-36 is to incorporate 
by reference into the Utah Rules, SIP Section X, Vehicle Inspection and 
Maintenance Program, Part F, Cache County, as initially adopted by the 
UAQB on December 5, 2012, and as superseded by the revisions as adopted 
by the UAQB on November 6, 2013. Those revisions that were adopted by 
the UAQB on November 6, 2013, became State-effective on November 7, 
2013, and are the revisions to SIP Section X, Part F that we discussed 
above in sections I, II, and IV of this action and in our proposed 
rule. The November 7, 2013, effective revisions were submitted by the 
Governor by a letter dated January 28, 2014 and were supported by a 
subsequent letter, dated February 4, 2014, from Bryce Bird, Director, 
UDAQ, which submitted the necessary administrative documentation.
    The revisions to Utah Rules R307-110-1, R307-110-31, and R307-110-
36, as discussed in our proposed rule (79 FR 66670, November 10, 2014) 
and herein, incorporate by reference the applicable SIP revisions into 
the Utah Administrative Rules which then codifies them in the Utah 
Administrative Code. This is acceptable to EPA and we are, therefore, 
approving these SIP revisions to Utah Rules R307-110-1, R307-110-31, 
and R307-110-36.

VI. Consideration of Section 110(l) of the Clean Air Act

    Section 110(l) of the CAA states that a SIP revision cannot be 
approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
towards attainment of a NAAQS or any other applicable requirement of 
the CAA. The provisions of Utah SIP Section X, Part A contain I/M 
provisions that were previously approved by EPA and were also 
simultaneously contained in the Utah's SIP Section X for each of the 
county's I/M programs (i.e., Part B, Part C, Part D, and Part E). The 
SIP revisions to Section X, Part A do not weaken the previously 
approved requirements and provisions in Section X, Part A of the SIP, 
nor do they reduce the emission reductions achieved by the original 
program areas. Instead, the revisions to SIP Section X, Part A 
reorganize and expand the existing requirements and provisions, to 
reflect the redundant language that previously appeared in Parts B, C, 
D, and E, and to expand SIP Section X, Part A to include the Cache 
County I/M program (Part F). The revisions to SIP Section X, Part F 
incorporate a new I/M program for Cache County that will help to reduce 
PM2.5 precursor emissions of NOx and VOCs. The revisions to 
Utah Rules R307-110-1, R307-110-31, and R307-110-36 merely incorporate 
by reference the applicable SIP revisions into the Utah Administrative 
Rules which then codifies them in the Utah Administrative Code. In view 
of the above, EPA finds that the revisions to Utah SIP Section X, Part 
A, Utah SIP Section X Part F, and Utah Rules R307-110-1, R307-110-31, 
and R307-110-36 will not interfere with attainment, reasonable further 
progress, or any other applicable requirement of the CAA.

VII. Final Action

    EPA is approving the January 10, 2013 submitted SIP revisions to 
Utah's SIP Section X, Vehicle Inspection and Maintenance Program, Part 
A, General Requirements and Applicability, and to Utah Rules R307-110-1 
and R307-110-31. In addition, EPA is approving the January 28, 2014 
submitted SIP revisions to Utah's SIP Section X, Vehicle Inspection and 
Maintenance Program, Part F, Cache County, with clarification below, 
and to Utah Rule R307-110-36.\4\ EPA clarifies that with its approval 
of Utah's SIP Section X, Vehicle Inspection and Maintenance Program, 
Part F, Cache County, Appendix 2, the provisions in the BRHD's 
Regulation 2013-1, Section 9.4.6 and the diesel test procedures as 
specified in BRHD's Regulation 2013-1, Appendix D are being approved 
only for purposes of strengthening the SIP. These provisions are not 
being approved as a diesel I/M program and are not being assigned any 
SIP credit.
---------------------------------------------------------------------------

    \4\ In the February 25, 2013 letter from Bryce Bird, Utah 
proposed to renumber Utah Rule R307-110-36, Section XXIII, 
Interstate Transport to Utah Rule R307-110-37. EPA plans to take 
action on that request in a different rulemaking. By approving R307-
110-36, Section X, Vehicle Inspection and Maintenance Program, Part 
F, Cache County in this action, EPA is not superseding or removing 
R307-110-36, Section XXIII, Interstate Transport from the federally-
enforceable SIP.
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VIII. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, EPA is finalizing the incorporation by reference of the Utah 
SIP materials and rules described in the amendments to 40 CFR part 52 
set forth below. 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 rule's preamble for more 
information).

IX. 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 Clean Air 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 approves state law as meeting federal 
requirements and does not impose additional requirements

[[Page 54242]]

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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et se.);
     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 se.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 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).
    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 action 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 November 9, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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 CAA 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, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, and Volatile organic compounds.

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

    Dated: July 1, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is 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)(80) to read as 
follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (80) Revisions to the Utah State Implementation Plan involving 
Section X, Vehicle Inspection and Maintenance Program, Part A, General 
Requirements and Applicability, and Utah Rules R307-110-1 and R307-110-
31. The Utah Air Quality Board (UAQB) adopted these SIP revisions on 
December 5, 2012, they became state effective on December 6, 2012, and 
were submitted by the Governor to EPA by a letter dated January 10, 
2013. In addition, revisions to the Utah State Implementation Plan 
involving; Section X, Vehicle Inspection and Maintenance Program, Part 
F, Cache County and Utah Rule R307-110-36 were submitted for Agency 
action. These SIP revisions were adopted by the UAQB November 6, 2013, 
they became State effective on November 7, 2013, and were submitted by 
the Governor to EPA by a letter dated January 28, 2014.
    (i) Incorporation by reference.
    (A)(1) Utah Rules R307, Environmental Quality, Air Quality, R307-
110, General Requirements: State Implementation Plan, R307-110-1, 
Incorporation by Reference, and R307-110-31, Section X, Vehicle 
Inspection and Maintenance Program, Part A, General Requirements and 
Applicability; effective December 6, 2012, as proposed in the Utah 
State Bulletin on October 1, 2012, and published as adopted in the Utah 
State Bulletin on January 1, 2013.
    (2) Section X, Vehicle Inspection and Maintenance Program, Part A, 
General Requirements and Applicability, adopted by the Utah Air Quality 
Board on December 5, 2012. (B)(1) Utah Rule R307, Environmental 
Quality, Air Quality, R307-110, General Requirements: State 
Implementation Plan, R307-110-36, Section X, Vehicle Inspection and 
Maintenance Program, Part F, Cache County; effective November 7, 2013, 
as proposed in the Utah State Bulletin on September 1, 2013, and 
published as adopted in the Utah State Bulletin on December 1, 2013.
    (2) Section X, Vehicle Inspection and Maintenance Program Part F, 
Cache County, adopted by the Utah Air Quality Board on November 6, 
2013.
* * * * *

[FR Doc. 2015-22594 Filed 9-8-15; 8:45 am]
 BILLING CODE 6560-50-P