[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Rules and Regulations]
[Pages 47566-47568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20448]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0388-0001; FRL-9983-73--Region 8]


Air Quality State Implementation Plans; Approvals and 
Promulgations: Infrastructure Monitoring Requirements for the 2008 Pb, 
2010 SO2, 2010 NO2 and 2012 PM2.5 National Ambient Air Quality 
Standards; Utah

AGENCY: Environmental Protection Agency (EPA).

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 monitoring 
requirements of the Clean Air Act (Act or CAA) for the National Ambient 
Air Quality Standards (NAAQS) promulgated for 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 taking this action 
pursuant to section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on October 22, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2018-0388-0001. All documents in the docket 
are listed on the http://www.regulations.gov website. 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: Kate Gregory, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6175, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our July 
23, 2018 proposal (83 FR 34816). In that document we proposed to 
approve the State's submittal in reference to infrastructure 
requirements for CAA section 110(a)(2)(B), element B: Ambient air 
quality monitoring/data system. In the proposal, we find that Utah's 
SIP and practices are adequate for the

[[Page 47567]]

ambient air quality monitoring and data system requirements and 
therefore propose to approve the infrastructure SIP for the 2008 Pb, 
2010 SO2, 2010 NO2 and 2012 PM2.5 
NAAQS for this element.

II. Response to Comments

    The EPA received six anonymous comments on the proposal. After 
reviewing the comments, the EPA has determined that the comments are 
outside the scope of our proposed action or fail to identify any 
material issue necessitating a response. All comments received on this 
action are available for review in the docket for this rulemaking. This 
rule will be finalized as proposed without revisions.

III. Final Action

    We are approving infrastructure element B for the 2008 Pb, 2010 
SO2, 2010 NO2 and 2012 PM2.5 NAAQS 
from the State's certifications as shown in Table 1.

 Table 1--List of Utah Infrastructure Elements That the EPA Is Approving
------------------------------------------------------------------------
                           Approval                             Element
------------------------------------------------------------------------
January 19, 2012 submittal--2008 Pb NAAQS....................       (B)
January 31, 2013 submittal--2010 NO2 NAAQS...................       (B)
June 2, 2013 submittal--2010 SO2 NAAQS.......................       (B)
December 4, 2015 submittal--2012 PM2.5 NAAQS.................       (B)
------------------------------------------------------------------------

    For the basis of our approval, please refer to the July 23, 2018 
proposal (83 FR 34816).

IV. 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 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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, 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 CAA; 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 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 November 19, 2018. 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, Greenhouse 
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 14, 2018.
Douglas Benevento,
Regional Administrator, Region 8.

    40 CFR part 52 is amended to 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 52.2355 is amended by adding paragraph (d) to read as 
follows:


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

* * * * *
    (d) The Utah Department of Environmental Quality submitted 
certification of Utah's infrastructure SIP for the 2008 Pb NAAQS on 
January 19, 2012; 2010 NO2 NAAQS on January 31, 2013; 2010 
SO2 NAAQS on June 2, 2013; and 2012 PM2.5 on 
December 4, 2015. Utah's infrastructure certifications demonstrate how 
the State, where applicable, has plans in place that meet the 
requirements of section 110 for the 2008 Pb, 2010 NO2, 2010 
SO2 and 2012 PM2.5 NAAQS. The State's 
Infrastructure SIP for 2008 Pb, 2010

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NO2, 2010 SO2 and 2012 PM2.5 NAAQS is 
approved with respect to 110(a)(2)(B).

[FR Doc. 2018-20448 Filed 9-19-18; 8:45 am]
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