[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Rules and Regulations]
[Pages 50626-50628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18154]



[[Page 50626]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2013-0561, FRL-9949-99-Region 8]


Promulgation of State Implementation Plan Revisions; 
Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 
NO2, 2010 SO2, and 2012 PM2.5 National 
Ambient Air Quality Standards; Utah

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of State Implementation Plan (SIP) revisions from the State of 
Utah to demonstrate the State meets infrastructure requirements of the 
Clean Air Act (CAA) for the National Ambient Air Quality Standards 
(NAAQS) promulgated for ozone on March 12, 2008, lead (Pb) on October 
15, 2008, nitrogen dioxide (NO2) on January 22, 2010, sulfur 
dioxide (SO2) on June 2, 2010 and fine particulate matter 
(PM2.5) on December 14, 2012. The EPA is also approving 
110(a)(2)(D)(ii) for the 1997 and 2006 PM2.5 NAAQS. Finally, 
the EPA is approving SIP revisions the State submitted regarding state 
boards.

DATES: This rule is effective on September 1, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2013-0561. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 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 http://www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. The 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: Abby Fulton, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6563, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Infrastructure requirements for SIPs are set forth in Section 
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific 
infrastructure elements that a SIP must contain or satisfy.
    In our proposed rule, the EPA proposed to approve and take no 
action on some infrastructure elements for the 2008 Pb, 2008 
ozone, 2010 NO2, 2010 SO2 and 1997, 
2006 and 2012 PM2.5 NAAQS from the State's 
certifications.\1\ In this rulemaking, we are taking final action to 
approve infrastructure elements from the State's certifications. We are 
also taking final action to approve new Utah Administrative Code (UAC) 
provisions submitted on March 14, 2016 to satisfy requirements of 
element (E)(ii), state boards.
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    \1\ ``Where an air agency determines that the provisions in or 
referred to by its existing EPA approved SIP are adequate with 
respect to a given infrastructure SIP element (or subelement) even 
in light of the promulgation of a new or revised NAAQS, the air 
agency may make a SIP submission in the form of a certification.'' 
EPA's ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and (2),'' September 
13, 2013, at 7.
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II. Response to Comments

    During the public comment period, we received a comment regarding 
regional haze in California national parks. This comment does not apply 
to this rulemaking.
    We also received comments from the Sierra Club claiming that Utah's 
SIP is inadequate with respect to air monitoring and modeling 
requirements of Sections 110(a)(2)(B) and 110(a)(2)(K) for the 2010 
SO2 NAAQS. The Sierra Club also contends that Utah's 
SO2 infrastructure SIP certification does not satisfy 
requirements of CAA Section 110(a)(1) and (2) because it lacks 
enforceable emission limits to ensure the implementation, attainment, 
and maintenance of the 2010 SO2 NAAQS within Utah, as well 
as adequate provisions prohibiting sources within the State from 
emitting SO2 in amounts which will contribute to 
nonattainment and interfere with maintenance of the SO2 
NAAQS in neighboring states.
    Comments received from Western Resource Advocates (WRA) contend 
that, because of language regarding startup, shutdown, and malfunction 
exemptions in Utah's minor and major source permits, Utah's prevention 
of significant deterioration (PSD) program cannot ensure emissions will 
not cause or contribute to a violation of any NAAQS or PSD increment, 
or that Utah's minor source permitting program protects NAAQS. WRA 
therefore asserts that Utah's infrastructure SIP does not meet 
requirements of Section 110(a)(2)(A) and (C). WRA also states that 
Utah's infrastructure SIP does not meet the requirements of Section 
110(a)(2)(F) because monitoring frequency of emissions is inadequate 
and that the State's SIP does not meet the public notice requirements 
of Section 127.
    The EPA generally disagrees with the Sierra Club and WRA's 
comments. A separate document provides detailed responses to all 
significant comments received and is included in the docket associated 
with this action.

III. Final Action

    For reasons expressed in the proposed rule and the response to 
comments document, the EPA is taking final action to approve 
infrastructure elements from the State's certifications as shown in 
Table 1. Elements we are taking no action on are reflected in Table 2. 
We are also approving new UAC rules that the State submitted on March 
14, 2016 to satisfy requirements of Section 110(a)(2)(E)(ii), which 
pertains to state boards (Table 1).
    A comprehensive summary of infrastructure elements and new UAC 
rules being approved into the Utah SIP through this final rule action 
are provided in Table 1 and Table 2.

Table 1--List of Utah Infrastructure Elements and Revisions That the EPA
                              Is Approving
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                                Approval
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December 3, 2007 submittal--1997 PM2.5 NAAQS: (D)(ii).
September 21, 2010 submittal--2006 PM2.5 NAAQS: (D)(ii).
January 19, 2012 submittal--2008 Pb NAAQS: (A), (C), (D)(i)(II) element
 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
June 2, 2013 submittal--2010 SO2 NAAQS: (A), (C), (D)(i)(II) element 3,
 (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).

[[Page 50627]]

 
January 31, 2013 submittal--2008 Ozone NAAQS: (A), (B), (C), (D)(i)(II)
 element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
January 31, 2013 submittal--2010 NO2 NAAQS: (A), (C), (D)(i)(II) element
 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
December 4, 2015 submittal--2012 PM2.5 NAAQS: (A), (C), (D)(i)(II)
 element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
March 14, 2016 submittal--New UAC Rules, CAA Section 128: R307-104-1,
 R307-104-2 and R307-104-3.
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Table 2--List of Utah Infrastructure Elements and Revisions That the EPA
                         Is Taking No Action On
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      No Action (Revision to be made in separate rulemaking action)
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January 19, 2012 submittal--2008 Pb NAAQS: (B), (D)(i)(I) elements 1 and
 2, (D)(i)(II) element 4.
January 31, 2013 submittal--2008 Ozone NAAQS: (D)(i)(I) elements 1 and
 2, (D)(i)(II) element 4.
January 31, 2013 submittal--2010 NO2 NAAQS: (B), (D)(i)(I) elements 1
 and 2, (D)(i)(II) element 4.
June 2, 2013 submittal--2010 SO2 NAAQS: (B), (D)(i)(I) elements 1 and 2,
 (D)(i)(II) element 4.
December 4, 2015 submittal--2012 PM2.5 NAAQS: (B), (D)(i)(I) elements 1
 and 2, (D)(i)(II) element 4.
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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 of the UAC 
discussed in section III, Final Action 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, the 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 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 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 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).
    In addition, 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 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 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 October 3, 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 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, Greenhouse 
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

     Dated: July 19, 2016.
Shaun L. McGrath,
Acting Regional Administrator, Region 8.
    40 CFR part 52 is amended as follows:

[[Page 50628]]

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. Amend Sec.  52.2320, paragraph (c) table, by adding in numerical 
order, center heading ``R307-104. Conflict of Interest'' and entries 
``R307-104-01'', ``R307-104-02'', and ``R307-104-03'' to read as 
follow:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *

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                                                        State  effective        Final rule
            Rule No.                   Rule title             date           citation,  date        Comments
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                                                  * * * * * * *
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                                         R307-104. Conflict of Interest
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R307-104-01.....................  Authority..........  6/01/2016.........  [Insert Federal
                                                                            Register
                                                                            citation], 8/02/
                                                                            2016.
R307-104-02.....................  Purpose............  6/01/2016.........  [Insert Federal
                                                                            Register
                                                                            citation], 8/02/
                                                                            2016.
R307-104-03.....................  Disclosure of        6/01/2016.........  [Insert Federal
                                   conflict of                              Register
                                   interest.                                citation], 8/02/
                                                                            2016.
 
                                                  * * * * * * *
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* * * * *

0
3. Amend Sec.  52.2355 by adding paragraph (c) to read as follows:


Sec.  52.2355  Section 110(a)(2) infrastructure requirements.

* * * * *
    (c) Gary R. Herbert, Governor, State of Utah, provided submissions 
to meet the infrastructure requirements for the State of Utah for the 
1997 PM2.5 NAAQS on December 3, 2007; 2006 PM2.5 
NAAQS on September 21, 2010; 2008 Pb NAAQS on January 19, 2012; 2008 
ozone NAAQS on January 31, 2013; 2010 NO2 NAAQS on January 
31, 2013; 2010 SO2 NAAQS on June 2, 2013; and 2012 
PM2.5 on December 4, 2015. The State's Infrastructure SIP is 
approved with respect to the 1997 and 2006 PM2.5 NAAQS with 
respect to CAA Section 110(a)(1) and element (D)(ii) of Section 
110(a)(2). The State's Infrastructure SIP is approved with respect to 
the 2008 ozone NAAQS with respect to CAA Section 110(a)(1) and the 
following elements of Section 110(a)(2): (A), (B), (C), (D)(i)(II) 
prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). The 
State's Infrastructure SIP is approved with respect to the 2008 Pb, 
2010 SO2, 2010 NO2, and 2012 PM2.5 
NAAQS with respect to CAA Section 110(a)(1) and the following elements 
of Section 110(a)(2): (A), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), 
(G), (H), (J), (K), (L), and (M).

[FR Doc. 2016-18154 Filed 8-1-16; 8:45 am]
 BILLING CODE 6560-50-P