[Federal Register Volume 81, Number 19 (Friday, January 29, 2016)]
[Rules and Regulations]
[Pages 4959-4961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01022]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2015-0371; FRL-9932-59-Region 8]


Approval and Promulgation of State Implementation Plan Revisions; 
Rules, Public Notice and Comment Process, and Renumbering; Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve State Implementation Plan (SIP) revisions 
submitted by the State of Utah on February 25, 2013, August 5, 2013, 
and March 5, 2014. These submittals request SIP revisions to 
incorporate several changes to Utah's rules, including the permit 
public notice and comment process requirements, and renumbering for the 
``Interstate Transport'' provisions. EPA is taking this action in 
accordance with section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on March 29, 2016 without further notice, 
unless EPA receives adverse comments by February 29, 2016. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification Number EPA-R08-OAR-2015-0371. All documents in 
the docket are listed on the http://www.regulations.gov Web site. 
Although listed in the index, some information may not be publicly 
available, i.e., Confidential Business Information or other information 
the disclosure of which is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in the hard copy form. Publicly 
available docket materials are available either electronically through 
http://www.regulations.gov or in hard copy at EPA Region 8, Office of 
Partnerships and Regulatory Assistance, Air Program, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. The EPA requests that you contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section to 
view the hard copy of the docket. The Regional Office's official hours 
of business are Monday through Friday, 8:00 a.m.-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: 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: 

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.
     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.
     Make sure to submit your comments by the comment period 
deadline identified.

II. Analysis of the State Submittals

    Utah's February 25, 2013 submittal, in part, renumbers R307-110-36, 
Section XXIII, Interstate Transport, to R307-

[[Page 4960]]

110-37. On November 10, 2014, EPA proposed the addition of a new R307-
110-36, Section X, Vehicle Inspection and Maintenance Program, Part F., 
Cache County (79 FR 66670). This rulemaking approves the new numbering 
of the Interstate Transport provision into Utah's SIP as R307-110-37.
    The August 5, 2013 SIP revision gives authority to the Director of 
the Division of Air Quality to make regulatory decisions that were 
previously made by the Air Quality Board or the Executive Secretary of 
the Air Quality Board. This revision conforms with Utah Senate Bill 21, 
which was passed by the Utah State Legislature during the 2012 
legislative session. Most of these changes are administrative in nature 
because they replace ``executive secretary'' with ``director,'' and, in 
Utah, they are the same person. The 22 rules where this change occurs 
are R307-105, 130, 165, 170, 201, 203, 204, 205, 250, 305, 306, 320, 
326, 327, 328, 341, 401, 403, 405, 406, 410 and 414.
    Three rules in the August 5, 2013 submittal, however, result in 
substantive changes to comply with Utah Senate Bill 21. The three rules 
are: R307-101, General Requirements; R307-102, General Requirements: 
Broadly Applicable Requirements; and R307-307, Davis, Salt Lake, and 
Utah Counties: Road Salting and Sanding. The changes in these rules 
replace occurrences of ``board'' with ``director,'' add definitions for 
``director'' and ``division,'' and remove the definition of ``executive 
secretary.'' As these changes update the Utah SIP to ensure the proper 
authorities are consistent with the state code, EPA is approving these 
revisions.
    The March 5, 2014 SIP revision to R307-401-7, Permit: New and 
Modified Sources, Public Notice, addresses a previous EPA disapproval 
by establishing a 30-day public comment period for the public notice 
and comment period for all permit actions for new or modified sources. 
Previously, Utah had revised its permit public notice procedures for 
minor sources to allow for a 10-day public comment period for an 
approval or disapproval order issued under R307-401-8 and requested EPA 
to approve that SIP revision. EPA disapproved that request because it 
is inconsistent with Utah's current federally approved SIP (79 FR 7072, 
February 6, 2014). In that disapproval, EPA also noted that federal 
regulations for Public Availability of Information found at 40 CFR 
51.161(b)(2) require at a minimum a 30-day public comment period for 
the permitting of a source, including minor source permits. EPA is 
approving this revision.

III. What action is EPA taking today?

    EPA is taking direct final action to approve the SIP revisions 
submitted by the State of Utah on February 25, 2013, August 5, 2013, 
and March 5, 2014. EPA is approving a portion of the February 25, 2013 
submittal which renumbers R307-110-36, Interstate Transport to R307-
110-37, to allow the addition of Section X, Vehicle Inspection and 
Maintenance Program, Part F., Cache County. EPA is approving the August 
5, 2013 SIP revisions, which give the Director of the Division of Air 
Quality the authority to make regulatory decisions that were previously 
made by either the Air Quality Board or the Executive Secretary of the 
Air Quality Board. Finally, EPA is approving the March 5, 2014 
submittal which establishes a 30-day public comment period for the 
public notice and comment period for permitting actions for new or 
modified sources.
    EPA is approving the proposed SIP revisions as a direct final 
action without prior proposal because the Agency views the revisions as 
noncontroversial and anticipates no adverse comments. However, in the 
Proposed Rules section of today's Federal Register publication, EPA is 
publishing a separate document that will serve as the proposal to 
approve the SIP revisions if adverse comments are filed. This rule will 
be effective March 29, 2016 without further notice unless the Agency 
receives adverse comments by February 29, 2016. If the EPA receives 
adverse comments, EPA will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect. EPA 
will address all public comments in a subsequent final rule based on 
the proposed rule. The EPA will not institute a second comment period 
on this action. Any parties interested in commenting must do so at this 
time. Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference for the 
revisions to the Utah Division of Air Quality rules including, the 
permit public notice and comment process, and renumbering 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 direct final 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

[[Page 4961]]

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 rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 29, 2016. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: August 4, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.

    Editorial Note: This document was received for publication by 
the Office of Federal Register on January 14, 2016.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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)(81) to read as 
follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (81) On February 25, 2013, August 5, 2013, and March 5, 2014, the 
Governor submitted revisions to the Utah State Implementation Plan 
(SIP) rules. The February 25, 2013 submittal renumbers Interstate 
Transport to R307-110-37. The August 5, 2013 SIP revisions give the 
Director of the Division of Air Quality the authority to make 
regulatory decisions that were previously made by either the Air 
Quality Board or the Executive Secretary of the Air Quality Board. The 
March 5, 2014 submittal establishes a 30-day public comment period for 
the public notice and comment period for all actions for new or 
modified sources. EPA is approving these revisions.
    (i) Incorporation by reference.
    (A) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-110, General Requirements: State 
Implementation Plan, R307-110-37, Section XXIII, Interstate Transport; 
effective December 6, 2012, as proposed in the Utah State Bulletin on 
October 1, 2012, and published as effective in the Utah State Bulletin 
on January 1, 2013.
    (B) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-401, Permit: New and Modified Sources, R307-
401-7, Public Notice; effective October 3, 2013, as proposed in the 
Utah State Bulletin on August 1, 2013, and published as effective in 
the Utah State Bulletin on November 1, 2013.
    (C) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-101, General Requirements; effective 
November 8, 2012, as proposed in the Utah State Bulletin on September 
1, 2012, and published as effective in the Utah State Bulletin on 
December 1, 2012.
    (D) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-102, General Requirements: Broadly 
Applicable Requirements; effective November 8, 2012, as proposed in the 
Utah State Bulletin on September 1, 2012, and published as effective in 
the Utah State Bulletin on December 1, 2012.
    (E) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-307, Davis, Salt Lake, and Utah Counties: 
Road Salting and Sanding; effective November 8, 2012, as proposed in 
the Utah State Bulletin on September 1, 2012, and published as 
effective in the Utah State Bulletin on December 1, 2012.

[FR Doc. 2016-01022 Filed 1-28-16; 8:45 am]
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