[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Rules and Regulations]
[Pages 46836-46838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16963]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2016-0221; FRL-9948-89-Region 8]


Approval and Promulgation of State Implementation Plan Revisions 
to Permits, Rules and Approval Orders; Utah

AGENCY: Environmental Protection Agency.

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 10, 2012 and August 29, 
2014. These submittals request SIP revisions to remove changes to the 
major source baseline date that were disapproved by the EPA on July 15, 
2011. The submittals also address the EPA's February 6, 2014 
disapproval of several permit rules related to the public availability 
of good engineering practice stack height demonstrations in the public 
comment process for an approval order, and the process for making 
emission reductions enforceable in an approval order. The EPA is taking 
this action in accordance with section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on September 19, 2016 without further 
notice, unless EPA receives adverse comments by August 18, 2016. If 
adverse comments are received, the 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: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2016-0221, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.,) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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. Why is EPA using a direct final rule?

    The EPA is publishing this rule without a prior proposed rule 
because we view this as a noncontroversial action and anticipate no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to approve the SIP revisions if adverse comments 
are received on this direct final rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document.
    If the EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We would address all public 
comments in any subsequent final rule based on the proposed rule.

II. What should I consider as I prepare my comments for the EPA?

    A. Submitting CBI. Do not submit this information to the EPA 
through www.regulations.gov or email. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI). In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    B. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     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.

[[Page 46837]]

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

III. Analysis of the State Submittals

    Utah's February 10, 2012 submittal removes changes to the major 
source baseline date that were disapproved by the EPA on July 15, 2011. 
The EPA disapproved R307-405-3(3)(a)(i) because it defined ``Major 
Source Baseline Date'' in a manner inconsistent with the federal 
definition found at 40 CFR 52.21(b)(14). The EPA approves these 
revisions.
    The August 29, 2014 SIP revisions address the EPA's February 6, 
2014 disapproval of R307-410-2, Permits: Emissions Impact Analysis, 
Definitions; R307-410-6, Permits: Emissions Impact Analysis, Stack 
Heights and Dispersion Techniques; and R307-401-12, Permit: New and 
Modified Sources, Reduction in Air Contaminants. The submittal also 
amends R307-410-2 to incorporate by reference the date of the Code of 
Federal Regulations referenced in R307-101-3. The EPA approves these 
revisions. The submittal amends R307-410-6 to require the director to 
notify the public of the availability of a demonstration that the 
source stack height meets good engineering practice, and to provide an 
opportunity for public hearing on it as required by 40 CFR 51.164. This 
conforms to what is required by R307-401-7, Public Notice, and the EPA 
approves this revision.
    Finally, the submittal amends R307-401-12 to exempt an owner or 
operator of a stationary source of air contaminants that reduces or 
eliminates air contaminants from the requirement to submit a notice of 
intent and obtain an approval order prior to construction if certain 
conditions are met. Those conditions are: a) the project does not 
increase the potential to emit of any air contaminant or cause 
emissions of any new air contaminant; and b) the director is notified 
of the change and the reduction of air contaminants is made enforceable 
through an approval order in accordance with the notification 
requirements of R307-401-12. The EPA approves these revisions.

IV. What action is the EPA taking today?

    The EPA is taking direct final action to approve the SIP revisions 
submitted by the State of Utah on February 10, 2012 and August 29, 
2014. The 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, the 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 September 19, 2016 without further notice unless the 
Agency receives adverse comments by August 18, 2016. If the EPA 
receives adverse comments, the EPA will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect. The 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 the 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, the EPA may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

V. 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 of the Utah 
rules described in the amendments to 40 CFR part 52 set forth below. 
Therefore, these materials have been approved by the EPA for inclusion 
in the State Implementation Plan, have been incorporated by reference 
by the EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of the EPA's approval, and will be incorporated by reference 
by the Director of the Federal Register in the next update to the SIP 
compilation.\1\ The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region 8 Office (please contact the person identified in the ``For 
Further Information Contact'' section of this preamble for more 
information).
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    \1\ 62 FR 27968 (May 22, 1997).
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VI. 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, the 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 a 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 the 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 the 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

[[Page 46838]]

copy of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The 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 September 19, 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 the 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: June 22, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

    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 paragraph (c) is amended by:
0
a. In the table, under the heading ``R307-401, Permit: New and Modified 
Sources'', adding in numerical order, a table entry for ``R307-401-
12'';
0
b. In the table, under the heading ``R307-405. Permits: Major Sources 
in Attainment or Unclassified Areas (PSD)'' revising the table entry 
for ``R307-405-03''; and
0
c. In the table, under the heading ``R307-410. Permits: Emissions 
Impact Analysis'', revising the table entries for ``R307-410-02'' and 
``R307-410-06''.
    The revisions and addition read as follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *

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                                            State
 Rule No.          Rule title          effective date   Final rule citation, date             Comments
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                                                  * * * * * * *
                                   R307-401. Permit: New and Modified Sources
 
                                                  * * * * * * *
R307-401-  Reduction in Air                08/07/2014  7/19/2016. [Insert Federal  .............................
        12  Contaminants.                               Register citation].
 
                                                  * * * * * * *
                   R307-405. Permits: Major Sources in Attainment or Unclassified Areas (PSD)
 
                                                  * * * * * * *
R307-405-  Definitions...............      02/02/2012  7/19/2016. [Insert Federal  .............................
        03                                              Register citation].
 
                                                  * * * * * * *
                                  R307-410. Permits: Emissions Impact Analysis
 
                                                  * * * * * * *
R307-410-  Definitions...............      08/07/2014  7/19/2016. [Insert Federal  .............................
        02                                              Register citation].
 
                                                  * * * * * * *
R307-410-  Stack Heights and               08/07/2014  7/19/2016. [Insert Federal  .............................
        06  Dispersion Techniques.                      Register citation].
 
                                                  * * * * * * *
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[FR Doc. 2016-16963 Filed 7-18-16; 8:45 am]
 BILLING CODE 6560-50-P