[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Proposed Rules]
[Pages 14073-14075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06824]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0735; FRL-9991-83-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Revisions to the Utah Division of Administrative Rules; 
R307-101-3

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Utah Division of Administrative Rules (DAR), 
specifically R307-101-3 submitted by the State of Utah on October 13, 
2016. This submittal requests a State Implementation Plan (SIP) 
revision to change the date of the referenced Code of Federal Register 
(CFR) from July 1, 2014 to July 1, 2015. This action is being taken 
under section 110 of the Clean Air Act (CAA or Act).

DATES: Written comments must be received on or before May 9, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2018-0735, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.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

[[Page 14074]]

http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. 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, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in 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: Amrita Singh, Air Program, EPA, Region 
8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 
(303) 312-6103, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    On October 13, 2016, the EPA received revisions for R307-101-3, 
General Requirements; Version of Code of Federal Regulations 
Incorporated by Reference from the State of Utah. Revisions submitted 
for R307-101-3 updates the version of the 40 CFR used in a majority of 
R307 rules adopted by the Utah Air Quality Board. This update allows 
R307 rules that reference Section R307-101-3 to update the 
incorporation date with only one rule amendment. States periodically 
update their SIPs to incorporate by reference the most current 40 CFR 
to correlate environmental regulations. This rule, as submitted by the 
State, does not cover specific R307 rules that specify their own date 
for the version of the CFR that are incorporated by reference. When the 
State of Utah updates these specific R307 rules, the EPA will act on 
them individually.
    We previously acted on R307-101-3 on January 29, 2016 (81 FR 4957), 
as a final rule and received no comments. The final rule acted on the 
State of Utah's August 29, 2014 submittal, which amended R307-101-3 to 
include four chemical compounds on the list of compounds excluded from 
the definition of volatile organic compounds (VOC), as found in the EPA 
rule at 40 CFR 51.100(s), on the basis that each of these compounds 
make a negligible contribution to tropospheric ozone formation.
    Additionally, within the October 13, 2016 submittal, the Utah 
Division of Air Quality (UDAQ) submitted revisions to R307-210, 
Stationary Sources, Standards of Performance for New Stationary Sources 
and R307-214, National Emissions Standards for Hazardous Air 
Pollutants. These rules have already been automatically delegated to 
the State of Utah.\1\
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    \1\ https://www.epa.gov/region8/delegations-authority-nsps-and-neshap-standards-states-and-tribes-region-8.
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II. The EPA's Evaluation

    Section 110(k) of the CAA addresses the EPA's rulemaking action on 
SIP submissions by states. The CAA requires states to observe certain 
procedural requirements in developing SIP revisions for submittal to 
the EPA. Section 110(a)(2) of the CAA requires that each SIP revision 
be adopted after reasonable notice and public hearing. This must occur 
prior to the revision being submitted by a state to the EPA.
    The State of Utah's Department of Environmental Quality, Air 
Quality Board proposed for public comment on Rule R307-101-3, General 
Requirements; Version of Code of Federal Regulations Incorporated by 
Reference on May 4, 2016. The comment period began on June 1, 2016 and 
ended on July 1, 2016. No public comments were received nor was a 
public hearing requested. The Utah Air Quality Board finalized R307-
101-3 on August 3, 2016, and the rule became effective on August 4, 
2016. Subsequently, on October 13, 2016, Utah submitted a SIP revision 
to R307-101-3, which updates the date of the referenced 40 CFR from 
July 1, 2014 to July 1, 2015. This update allows R307 rules that 
reference Section R307-101-3 to update the incorporation date with only 
one rule amendment.

III. Proposed Action

    The EPA is proposing to approve the SIP revision to R307-101-3, 
General Requirements; Version of Code of Federal Regulations 
Incorporated by Reference, where the version of the 40 CFR is being 
changed from July 1, 2014 to July 1, 2015. The submittal was signed by 
the Governor on August 17, 2016, and officially submitted by the State 
on October 13, 2016.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference the UDAQ rules promulgated in the DAR, R307-
101-3 as discussed in section III of the preamble. The EPA has made, 
and will continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 8 Office (please contact the 
person identified in the For Further Information Contact section of 
this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. Accordingly, this 
action merely proposes to approve 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, 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

[[Page 14075]]

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 the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the proposed 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).

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: April 2, 2019.
Debra Thomas,
Acting Regional Administrator, EPA Region 8.
[FR Doc. 2019-06824 Filed 4-8-19; 8:45 am]
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