[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Rules and Regulations]
[Pages 71988-71991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25148]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2016-0311; FRL-9954-14-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 May 9, 2013, May 20, 2014, September 8, 2015, and 
March 8, 2016. The March 8, 2016 submittal contains rule revisions to 
address our February 25, 2016 conditional approval of several Utah DAR 
R307-300 Series rules submitted on February 2, 2012, May 9, 2013, and 
May 20, 2014. These area source rules control emissions of direct 
PM2.5 and PM2.5 precursors, which are sulfur 
dioxides (SO2), nitrogen oxides (NOX) and 
volatile organic compounds (VOC). Additionally, the EPA is finalizing 
to approve 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 November 18, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2016-0311. 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 through http://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

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), the 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), the 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, Utah; Provo, 
Utah; and

[[Page 71989]]

Logan, Utah-Idaho 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 RACM and reasonably available control technology 
(RACT).
    On August 18, 2016 (81 FR 55156), the EPA proposed to approve and 
conditionally approve a number of RACM components in the 
PM2.5 Moderate area SIP submitted by the State. Our proposed 
notice provides details on the EPA's interpretation of the RACM 
requirements under part D and our evaluation of the State's submittals. 
The submittals dated May 9, 2013, May 20, 2014, September 8, 2015, and 
March 8, 2016, contained various revisions to the Utah DAR, Title 
R307--Environmental Quality, set of rules, most of which are applicable 
to the Utah SIP for PM2.5 nonattainment areas. The rules we 
are addressing in this final rule were provided by Utah in the four 
different submissions listed above, and these rules are R307-101-2, 
General Requirements: Definitions; R307-302, Solid Fuel Burning Devices 
in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber 
Counties; R307-312, Aggregate Processing Operations for 
PM2.5 Nonattainment Areas; and R307-328, Gasoline Transfer 
and Storage.

II. Response to Comments

    The EPA did not receive any comments on the proposed action.

III. Final Action

    For the reasons stated in our proposed notice, the EPA is 
finalizing approval of revisions to Administrative Rule R307-101-2, 
along with revisions in R307-300 Series; Requirements for Specific 
Locations (Within Nonattainment and Maintenance Areas), R307-312 and 
R307-328 for incorporation into the Utah SIP as submitted by the State 
of Utah on March 8, 2016. This final rule completes the February 25, 
2016 (81 FR 9343) conditional approval for R307-101-2, R307-312, and 
R307-328 that had submission dates of February 2, 2012, May 9, 2013, 
and May 20, 2014. Additionally, we are finalizing approval of Utah's 
determination that R307-312 constitutes RACM for the Utah 
PM2.5 SIP that was conditionally approved on February 25, 
2016 (81 FR 9343); however, we are not acting at this time 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.
    The EPA is finalizing the conditional approval of revisions for 
R307-302 found in the May 9, 2013, May 20, 2014, and September 8, 2015 
submittals. Additionally, the EPA is finalizing the conditional 
approval of Utah's determination that R307-302 constitutes RACM for the 
Utah PM2.5 SIP for solid fuel burning devices. As stated 
earlier, we are not determining 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, the 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 May 19, 2016, 
Utah submitted a commitment letter to adopt and submit specific 
revisions within one year of our final action on these submittals; 
specifically to add continuous controls that extend to startup, 
shutdown, and malfunction, by establishing a prohibition on fuel types 
that can't be burned in a solid fuel burning device at any time. 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 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).

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 Utah 
Division of Administrative Rules described in the amendments set forth 
to 40 CFR part 52 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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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, 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 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 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

[[Page 71990]]

     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 December 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. 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, 
Intergovernmental relations, Incorporation by reference, 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 26, 2016.
Debra H. Thomas,
Regional Administrator, Region 8.

    40 CFR part 52 is amended 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, the table in paragraph (c) is amended as follows:
0
a. Under ``R307-101. General Requirements'' by revising the entry for 
``R307-101-2'';
0
b. Under ``R307-302. Davis, Salt Lake, and Utah Counties: Residential 
Fireplaces and Stoves'' by revising the entries ``R307-302-1'', ``R307-
302-2'', ``R307-302-3'', ``R307-302-4'';
0
c. Under ``R307-302. Davis, Salt Lake, and Utah Counties: Residential 
Fireplaces and Stoves'' by adding the entries ``R307-302-05'', ``R307-
302-06'';
0
d. Under ``R307-312. Aggregate Processing Operations for 
PM2.5; Nonattainment Areas'' by revising the entry for 
``R307-312'';
0
e. Under ``R307-312. Aggregate Processing Operations for 
PM2.5; Nonattainment Areas'' by removing the entry for 
``R307-312-5(2)(a)'';
0
f. Under ``R307-328. Ozone Nonattainment and Maintenance Areas and Utah 
and Weber Counties: Gasoline Transfer and Storage'' by revising the 
entry for ``R307-328''; and
0
g. Under ``R307-328. Ozone Nonattainment and Maintenance Areas and Utah 
and Weber Counties: Gasoline Transfer and Storage'' by removing the 
entry for ``307-328-4(6)''.
    The revisions and additions read as follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *

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                                                         State       Final rule citation,
          Rule No.                 Rule title       effective date           date                 Comments
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                                                  * * * * * * *
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                                         R307-101. General Requirements
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                                                  * * * * * * *
R307-101-2.................  Definitions..........        3/3/2016  [Insert Federal        .....................
                                                                     Register citation],
                                                                     10/19/2016.
 
                                                  * * * * * * *
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                R307-302. Davis, Salt Lake, and Utah Counties: Residential Fireplaces and Stoves
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R307-302-01................  Definitions..........        2/4/2015  [Insert Federal        Conditionally
                                                                     Register citation],    approved through 10/
                                                                     10/19/2016.            19/2017.
R307-302-02................  No-Burn Periods for          2/4/2015  [Insert Federal        Conditionally
                              PM10.                                  Register citation],    approved through 10/
                                                                     10/19/2016.            19/2017.
R307-302-03................  No-Burn Periods for          3/6/2014  [Insert Federal        Conditionally
                              Carbon Monoxide.                       Register citation],    approved through 10/
                                                                     10/19/2016.            19/2017.
R307-302-04................  Violations...........        3/6/2014  [Insert Federal        Conditionally
                                                                     Register citation],    approved through 10/
                                                                     10/19/2016.            19/2017.
R307-302-05................  Opacity and other            3/6/2014  [Insert Federal        Conditionally
                              Controls for Heating                   Register citation],    approved through 10/
                              Appliances.                            10/19/2016.            19/2017.

[[Page 71991]]

 
R307-302-06................  Prohibition..........        1/1/2013  [Insert Federal        Conditionally
                                                                     Register citation],    approved through 10/
                                                                     10/19/2016.            19/2017.
 
                                                  * * * * * * *
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                    R307-312. Aggregate Processing Operations for PM2.5; Nonattainment Areas
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R307-312...................  Aggregate Processing         2/4/2016  [Insert Federal        .....................
                              Operations for PM2.5                   Register citation],
                              Nonattainment Areas.                   10/19/2016.
 
                                                  * * * * * * *
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 R307-328. Ozone Nonattainment and Maintenance Areas and Utah and Weber Counties: Gasoline Transfer and Storage
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R307-328...................  Ozone Nonattainment          2/4/2016  [Insert Federal        .....................
                              and Maintenance                        Register citation],
                              Areas and Utah and                     10/19/2016.
                              Weber Counties:
                              Gasoline Transfer
                              and Storage.
 
                                                  * * * * * * *
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[FR Doc. 2016-25148 Filed 10-18-16; 8:45 am]
 BILLING CODE 6560-50-P