[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Rules and Regulations]
[Pages 9343-9346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03898]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2014-0369; FRL-9935-54-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 (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval and finalizing the 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 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). Our approval will make these rules
federally enforceable. Additionally, EPA is finalizing approval of 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: This final rule is effective on March 28, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2014-0369. 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: 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. Background
On October 17, 2006 (71 FR 61144), 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), 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 State of Utah has made a number
of SIP submittals intended to address the requirements under part D of
title I of the CAA for these PM2.5 nonattainment areas.
Among those requirements are those in sections 172(c)(1) and
189(a)(1)(C) regarding reasonably available control measures (RACM) and
reasonably available control technology (RACT).
On August 25, 2015 (80 FR 51499), EPA proposed to approve or
conditionally approve a number of RACM components in the
PM2.5 Moderate area SIP submitted by the State. Our proposed
notice and associated technical support document (TSD) give details on
EPA's interpretation of the RACM requirements under part D and our
evaluation of the State's submittals. Specifically, the RACM components
consist of area source rules found in Utah's submittals dated 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.
These submittals contained various revisions to the 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 final rule were provided by
Utah in the nine different submissions listed above, and these rules
are: R307-101-2, General Requirements: Definitions; 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
[[Page 9344]]
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
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.
These rule submissions, except for revisions to R307-101-2, R307-
103, and R307-328, and the repeal of R307-342, were requested for
approval as RACM components of the PM2.5 SIP submitted by
the State of Utah. Two of the non-RACM rule revisions do not pertain at
all to the Utah PM2.5 SIPs: revisions to R307-328 and the
repeal of R307-342. At the request of the State, EPA is not finalizing
our proposed approval of a third non-RACM rule; R307-103,
Administrative Procedures.
For details of our evaluation of these rules, see the proposed
notice and associated TSD.
II. Response to Comments
EPA did not receive any comments on our proposed action.
III. Final Action
For the reasons stated in our proposed notice and associated TSD,
EPA is finalizing approval of revisions to Administrative Rule R307-
101-2, along with the additions/revisions/repeals in R307-300 Series;
Requirements for Specific Locations (Within Nonattainment and
Maintenance Areas), R307-303, R307-307, 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 into 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 also
finalizing approval of 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 acting 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 finalizing the conditional approval of revisions for R307-
312 found in the May 9, 2013 submittal and for R307-328 found in the
February 2, 2012 submittal. Additionally, EPA is finalizing the
conditional approval of Utah's determination that R307-312 constitutes
RACM for the Utah PM2.5 SIP for aggregate processing
operations. As stated above, we are not determining, however, 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. Since we are finalizing our
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) to address the disapproved plan element, see
CAA section 110(c)(1)(B).
EPA is not finalizing our proposed approval of R307-103,
Administrative Procedures. The State informed us that they did not
intend for R307-103 to be submitted for incorporation into the SIP. As
the administrative procedures in R307-103 are unrelated to
PM2.5 attainment plan requirements, this does not affect the
remainder of our action. With the exception of provisions to meet the
requirements of section 128 of the Act, which Utah plans to address
separately, these administrative procedures are not required to be
incorporated into the SIP.
Finally, EPA is finalizing approval of 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.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Utah
Department of Air Quality rules promulgated in the DAR, R307-300 Series
as discussed in section III, Final Action, of this preamble. 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 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 approves of state law as meeting
federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this final 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 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
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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).
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 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 April 25, 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 organization compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 28, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
Editorial note: This document was received for publication by
the Office of the Federal Register on February 19, 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)(83) to read as
follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
(83) On 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, the Governor submitted revisions to the Utah State
Implementation Plan (SIP) rules. The EPA is approving the repeal of
R307-340 and R307-342. The EPA is approving the submitted revisions and
associated nonsubstantive changes to the following rules: R307-307,
R307-351-2, R307-351-4, and R307-355-5. The EPA is conditionally
approving the submitted revisions to the following rules: R307-101
(including nonsubstantive changes to R307-101-2), R307-312-5(2)(a), and
R307-328-4(6). The EPA is approving the submitted revisions to the
following rules: R307-303, R307-307, R307-312 (except R307-312-5(2)(a)
which is conditionally approved), R307-328 (except R307-328-4(6) which
is conditionally approved), R307-335, R307-342, R307-343, R307-344,
R307-345, R307-346, R307-347, R307-348, R307-349, R307-350, R307-351
(except R307-351-2 which is approved with nonsubstantive changes),
R307-352, R307-353, R307-354, R307-355 (except R307-355-5 which is
approved with nonsubstantive changes), R307-356, R307-357, R307-357-4,
and R307-361.
(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 February 1, 2013, as proposed in the Utah State
Bulletin on October 1, 2012, and published as effective in the Utah
State Bulletin on February 15, 2013.
(B) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-303, Commercial Cooking; effective April 10,
2013, as proposed in the Utah State Bulletin on August 1, 2012,
December 1, 2012 and March 1, 2013 and published as effective in the
Utah State Bulletin on May 1, 2013.
(C) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-328, Gasoline Transfer and Storage;
effective June 7, 2011, as proposed in the Utah State Bulletin on
February 1, 2011 and May 1, 2011, and published as effective in the
Utah State Bulletin on June 15, 2011.
(D) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-335, Degreasing and Solvent Cleaning
Operations; effective January 1, 2013, as proposed in the Utah State
Bulletin on August 1, 2012 and December 1, 2012, and published as
effective in the Utah State Bulletin on January 15, 2013.
(E)(1) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-342, Adhesives and Sealants; effective
August 1, 2013, as proposed in the Utah State Bulletin on March 1, 2013
and July 1, 2013, and published as effective in the Utah State Bulletin
on August 15, 2013.
(2) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-357, Consumer Products (except R307-357-4,
Standards); effective August 1, 2013, as proposed in the Utah State
Bulletin on March 1, 2013 and July 1, 2013, and published as effective
in the Utah State Bulletin on August 15, 2013.
(F)(1) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-343, Emissions Standards for Wood Furniture
Manufacturing Operations; effective May 1, 2013, as proposed in the
Utah State Bulletin on October 1,
[[Page 9346]]
2012, January 1, 2013 and April 1, 2013, and published as effective in
the Utah State Bulletin on May 15, 2013.
(2) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-353, Plastic Parts Coatings; effective May
1, 2013, as proposed in the Utah State Bulletin on October 1, 2012,
January 1, 2013 and April 1, 2013, and published as effective in the
Utah State Bulletin on May 15, 2013.
(G)(1) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-312, Aggregate Processing Operations for
PM2.5 Nonattainment Areas; effective February 1, 2013, as
proposed in the Utah State Bulletin on October 1, 2012 and January 1,
2013, and published as effective in the Utah State Bulletin on February
15, 2013.
(2) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-344, Paper, Film and Foil Coatings;
effective February 1, 2013, as proposed in the Utah State Bulletin on
October 1, 2012 and January 1, 2013, and published as effective in the
Utah State Bulletin on February 15, 2013.
(3) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-345, Fabric and Vinyl Coatings; effective
February 1, 2013, as proposed in the Utah State Bulletin on October 1,
2012 and January 1, 2013, and published as effective in the Utah State
Bulletin on February 15, 2013.
(4) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-346, Metal Furniture Surface Coatings;
effective February 1, 2013, as proposed in the Utah State Bulletin on
October 1, 2012 and January 1, 2013, and published as effective in the
Utah State Bulletin on February 15, 2013.
(5) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-347, Large Appliance Surface Coatings;
effective February 1, 2013, as proposed in the Utah State Bulletin on
October 1, 2012 and January 1, 2013, and published as effective in the
Utah State Bulletin on February 15, 2013.
(6) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-348, Magnet Wire Coatings; effective
February 1, 2013, as proposed in the Utah State Bulletin on October 1,
2012 and January 1, 2013, and published as effective in the Utah State
Bulletin on February 15, 2013.
(7) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-349, Flat Wood Panel Coatings; effective
February 1, 2013, as proposed in the Utah State Bulletin on October 1,
2012 and January 1, 2013, and published as effective in the Utah State
Bulletin on February 15, 2013.
(8) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-352, Metal Container, Closure and Coil
Coatings; effective February 1, 2013, as proposed in the Utah State
Bulletin on October 1, 2012 and January 1, 2013, and published as
effective in the Utah State Bulletin on February 15, 2013.
(9) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-354, Automotive Refinishing Coatings;
effective February 1, 2013, as proposed in the Utah State Bulletin on
October 1, 2012 and January 1, 2013, and published as effective in the
Utah State Bulletin on February 15, 2013.
(H) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-350, Miscellaneous Metal Parts and Products
Coatings; effective December 3, 2013, as proposed in the Utah State
Bulletin on August 1, 2013 and November 1, 2013, and published as
effective in the Utah State Bulletin on January 1, 2014.
(I) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-356, Appliance Pilot Light; effective
January 1, 2013, as proposed in the Utah State Bulletin on August 15,
2012, and December 1, 2012, and published as effective in the Utah
State Bulletin on January 15, 2013.
(J) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-357, Consumer Products, R307-357-4, Consumer
Products, Standards; effective May 8, 2014, as proposed in the Utah
State Bulletin on April 1, 2014, and published as effective in the Utah
State Bulletin on June 1, 2014.
(K) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-361, Architectural Coatings; effective
October 31, 2013, as proposed in the Utah State Bulletin on July 1,
2013 and October 1, 2013, and published as effective in the Utah State
Bulletin on November 15, 2013.
(L) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-307, Road Salting and Sanding; effective
February 1, 2013, as proposed in the Utah State Bulletin on October 1,
2012 and January 1, 2013, and published as effective in the Utah State
Bulletin on February 15, 2013.
(M) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-351, Graphic Arts; effective February 1,
2013, as proposed in the Utah State Bulletin on October 1, 2012 and
January 1, 2013, and published as effective in the Utah State Bulletin
on February 15, 2013.
(N) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-355, Control of Emissions from Aerospace
Manufacture and Rework Facilities; effective February 1, 2013, as
proposed in the Utah State Bulletin on October 1, 2012 and January 1,
2013, and published as effective in the Utah State Bulletin on February
15, 2013.
[FR Doc. 2016-03898 Filed 2-24-16; 8:45 am]
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