[Federal Register Volume 81, Number 19 (Friday, January 29, 2016)]
[Rules and Regulations]
[Pages 4957-4959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01550]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2015-0085; FRL-9933-49-Region 8]


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

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been superseded by the August 29, 2014 submittal.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

DATES: This final rule is effective February 29, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2015-0085. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the Air 
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. EPA requests that if at all 
possible, you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8:00 a.m. 
to 4:00 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, 303-312-7104, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background for Our Final Action

    The background for today's final rule is discussed in detail in our 
June 19, 2015 proposal (see 80 FR 35295). The comment period was open 
for 30 days and we received no comments.

[[Page 4958]]

II. Final Rule

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

III. Incorporation by Reference

    In this rule, the EPA is including in a final EPA rule regulatory 
text that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the Utah Division of Air Quality rules regarding rules, 
general requirements, and test methods discussed in the June 19, 2015 
proposal (FR 35295). 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).

IV. 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 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 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. 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 24, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.

    Editorial note:  This document was received for publication by 
the Office of Federal Register on January 21, 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 and reserving paragraph (c)(81) 
and adding paragraph (c)(82) to read as follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (81) * * *
    (82) On January 28, 2010, September 16, 2010, June 18, 2013, 
November 4, 2013 and August 29, 2014, the Governor submitted revisions 
to the Utah State Implementation Plan (SIP). We are approving the 
January 28, 2010 revisions to R307-405-2, with the exception of the 
proposed change to the incorporation by reference date, and approving 
all of the revisions to R307-102. We are approving the June 18, 2013

[[Page 4959]]

SIP revisions, with the exception of the non-substantive change to re-
number R307-410-5(1)[(d)] to R307-410-5(1)(c)(i)(C). The August 29, 
2014 submittal's newly amended rule supersedes and replaces all 
previous versions of submittals of R307-101-3, General Requirements, 
Version of Code of Federal Regulations Incorporated by Reference. EPA 
is approving the August 29, 2014 revisions. Previous submittals of 
R307-101-3 were received on January 28, 2010, September 16, 2010, April 
26, 2012 and November 4, 2013. No further EPA action is required on 
these earlier submittals.
    (i) Incorporation by reference.
    (A) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-101, General Requirements, R307-101-2, 
Definitions; effective December 2, 2009 as proposed in the Utah State 
Bulletin on October 1, 2009, and published as effective in the Utah 
State Bulletin on January 1, 2010.
    (B) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-101, General Requirements, R307-101-3, 
Version of Code of Federal Regulations Incorporated by Reference; 
effective August 7, 2014, as proposed in the Utah State Bulletin on 
June 1, 2014, and published as effective in the Utah State Bulletin on 
September 1, 2014.
    (C) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-401, Permit: New and Modified Sources, R307-
401-15, Air Strippers and Soil Venting Projects; effective February 7, 
2013, as proposed in the Utah State Bulletin on December 1, 2012, and 
published as effective in the Utah State Bulletin on March 1, 2013.
    (D) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-405, Permits: Major Sources in Attainment or 
Unclassified Areas (PSD), R307-405-2, Applicability; effective February 
5, 2009, as proposed in the Utah State Bulletin on November 1, 2008, 
and published as effective in the Utah State Bulletin on March 1, 2009.

[FR Doc. 2016-01550 Filed 1-28-16; 8:45 am]
 BILLING CODE 6560-50-P