[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Rules and Regulations]
[Pages 52368-52369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20932]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2017-0469; FRL-10000-04-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 Rule 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 of rule revisions submitted by the State of Utah on May 9, 
2013, and August 25, 2017, to Utah's R307-309 fugitive dust control 
rule. This action is being taken under section 110 of the Clean Air Act 
(CAA or Act).

DATES: This final rule is effective on November 1, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2017-0469. 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: Crystal Ostigaard, Air and Radiation 
Division, Environmental Protection Agency (EPA), Region 8, Mailcode 
8ARD-QP, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-
6602, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 14, 2017 (82 FR 43205), the EPA proposed to approve 
revisions to Utah administrative rule R307-309 (fugitive dust control 
rule) submitted on May 9, 2013, and August 25, 2017, and proposed to 
approve Utah's December 16, 2014 submittal determining that R307-309 
provides for the implementation of reasonably available control measure 
(RACM) in Utah's fine particulate matter (PM2.5) Moderate 
area state implementation plan (SIP). Before finalizing this action, 
however, the EPA determined that the Salt Lake City (signed on 
September 16, 2019), Provo (84 FR 14267), and Logan (83 FR 52983) 
PM2.5 nonattainment areas attained the PM2.5 
NAAQS. These clean data determinations suspend Utah's obligation to 
submit certain nonattainment area planning requirements, including 
RACM; thus, we are not finalizing action on Utah's December 16, 2014 
submittal at this time. Nonetheless, the rule revisions to R307-309 
submitted on May 9, 2013, and August 25, 2017, are approved into the 
SIP on the basis that R307-309, ``Nonattainment and Maintenance Areas 
for PM10 and PM2.5: Fugitive Emissions and 
Fugitive Dust,'' strengthens the existing Utah SIP.

II. Response to Comments

    Our September 14, 2017 (82 FR 43205), proposed rulemaking provided 
a 30-day public comment period. The EPA received a total of three 
public comments on the proposed action. The first comment was 
anonymous, the second comment was from a named individual, and the 
third comment was from Western Resource Advocates. Our Response to 
Comments document in the docket for this action contains a summary of 
the comments and the EPA's responses. The full text of the public 
comments, as well as all other documents relevant to this action, are 
available in the docket (EPA-R08-OAR-2017-0469).

III. Final Action

    No comments were submitted that changed our assessment that the 
submitted rule revisions comply with the relevant CAA requirements. For 
the reasons stated in our proposed rule, final rule, and the Response 
to Comments document (EPA-R08-OAR-2017-0469), the EPA is finalizing 
approval of the revisions submitted by Utah on May 9, 2013, and August 
25, 2017, pursuant to section 110 of the CAA, as the rule revisions 
will strengthen the Utah SIP by providing additional PM reductions. The 
EPA is not taking final action on Utah's December 16, 2014 submission 
that R307-309 constitutes RACM at this time.

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. 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).
    Therefore, these materials have been approved by the EPA for 
inclusion in the SIP, 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 in the next 
update to the SIP compilation.\1\
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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 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

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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 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. 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 2, 2019. 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organization compounds.

    Dated: September 20, 2019.
Gregory Sopkin,
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. In Sec.  52.2320(c), the table is amended by adding the centered 
heading ``R307-309. Nonattainment and Maintenance Areas for 
PM10 and PM2.5: Fugitive Emissions and Fugitive 
Dust'' and entry ``R307-309'' in numerical order to read as follows:


Sec.  52.2320  Identification of plan.

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    (c) * * *

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                                                      State
         Rule No.                 Rule title        effective    Final rule citation,           Comments
                                                       date              date
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        R307-309. Nonattainment and Maintenance Areas for PM and PM: Fugitive Emissions and Fugitive Dust
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R307-309..................  Nonattainment and         8/4/2017  [Insert Federal
                             Maintenance Areas                   Register citation],
                             for PM10 and PM2.5:                 10/2/2019.
                             Fugitive Emissions
                             and Fugitive Dust.
 
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[FR Doc. 2019-20932 Filed 10-1-19; 8:45 am]
 BILLING CODE 6560-50-P