[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Proposed Rules]
[Pages 14606-14608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05004]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0688; FRL-10005-97-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 August 19, 
2019, and R307-405-2 and R307-410-3 submitted by the State of Utah on 
December 16, 2019. The R307-101-3 submittal requests a State 
Implementation Plan (SIP) revision to change the date of the referenced 
Code of Federal Regulations (CFR) from July 1, 2016 to July 1, 2017. 
The R307-405-2 submittal revises the CFR date from the July 1, 2011 
version to July 1, 2018 and the R307-410-3 submittal updates the 
version of the 40 CFR part 51, appendix W incorporated by reference 
from the July 1, 2005 version to the July 1, 2018 version. This action 
is being taken under the Clean Air Act (CAA or Act).

DATES: Written comments must be received on or before April 13, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0688, 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

[[Page 14607]]

submissions, and general guidance on making effective comments, please 
visit 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 and Radiation 
Division, 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 and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-QP, 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 August 19, 2019, 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 update 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 
updates 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 rules that specify their own date for the version 
of the CFR that are incorporated by reference. We previously acted on 
R307-101-3, where we had updated the CFR reference date, on July 11, 
2019 (84 FR 27039) and received no comments.
    On December 16, 2019 the EPA received revisions for (1) R307-405-2. 
Permits: Major Sources in Attainment or Unclassified Areas (PSD). 
Applicability; and (2) R307-410-3 Permits. Emissions Impact Analysis. 
The revisions submitted for R307-405-2 and R307-410-3 update the 
version of the CFR that is incorporated by reference throughout the 
Utah Air Quality rules. We previously acted on R307-405-2 on January 
29, 2016 as a direct final rule and received no comments. The federal 
Prevention of Significant Deterioration (PSD) permitting program in 40 
CFR 52.21 is incorporated by reference in Rule R307-405 and the version 
of the CFR is specified in sub-section R307-405-2. This rule change 
updates the version of 40 CFR 52.21 that is incorporated in R307-405 
from the July 1, 2011 version to the July 1, 2018 version.
    Finally, the EPA received revisions to R307-410-3 Permits: 
Emissions Impact Analysis with the December 16, 2019 submittal. Section 
R307-410-3 is amended to update the version of 40 CFR part 51, appendix 
W incorporated by reference from the July 1, 2005 version to July 1, 
2018. We originally acted on R307-410 on two separate occasions: 
February 6, 2014 (79 FR 7072) and July 19, 2016 (81 FR 46838). The 
February 6, 2014 action approved revisions to R307-410-1, -3, and -4. 
The July 19, 2016 action approved revisions to R307-410-2 and -6. These 
actions were direct finals and did not receive any public comments 
specific to updating the incorporation by reference date for 40 CFR.

II. The EPA's Evaluation

    Section 110(k) of the CAA address 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.
    On January 3, 2018, the State of Utah's Department of Environmental 
Quality, Air Quality Board approved for public comment revisions to 
Rule R307-101-3, General Requirements; Version of Code of Federal 
Regulations Incorporated by Reference. The revisions that were being 
proposed for R307-101-3, updated the date of reference of 40 CFR from 
July 1, 2016 to July 1, 2017. The comment period began on February 1, 
2018 and ended on March 5, 2018. No public comments were received nor 
was a public hearing requested. On May 23, 2018, R307-101-3 was 
finalized by the Air Quality Board and became effective. Subsequently, 
on August 19, 2019 Utah submitted this SIP revision of R307-101-3 to 
the EPA. This update allows R307 rules that reference section R307-101-
3 to update the CFR incorporation date to July 1, 2017, with only one 
rule amendment.
    On August 7, 2019, the State of Utah's Department of Environmental 
Quality, Air Quality Board, approved for public comment revisions to 
R307-405-2. Permits: Major Source in Attainment or Unclassified Areas 
(PSD). Applicability; and R307-410-3 Permits: Emissions Impact 
Analysis. The rule changes to R307-405-2 update the version of 40 CFR 
52.21 to the July 1, 2018 version. The revisions to R307-410-3 align 
with the requirements in the July 1, 2018 version of 40 CFR part 51, 
appendix W. The comment period began on September 1, 2019 and ended on 
October 1, 2019. No public comments were received nor was a public 
hearing requested. On November 25, 2019, R307-405-2 and R307-410-3 was 
finalized by the Air Quality Board and became effective. Subsequently, 
on December 16, 2019 Utah submitted this SIP revision of R307-405-2 and 
R307-410-3 to the EPA.

III. Proposed Action

    The EPA is proposing to approve the SIP revision submitted on 
August 19, 2019, 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, 2016 to July 1, 2017. 
Additionally, the EPA is proposing to approve revisions submitted on 
December 16, 2019, to: (1) R307-405-2 Permits: Major Sources in 
Attainment or Unclassified Areas (PSD). Applicability; and (2) R307-
410-3 Permits. Emissions Impact Analysis. R307-405-2 revisions are 
updating the version of 40 CFR to July 1, 2018, and R307-410-3 
revisions are updating the version of 40 CFR part 51, appendix W to the 
July 1, 2018 version.

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 Utah Division of Air Quality (UDAQ) rules 
promulgated in the DAR, R307-101-3, R307-405-2, and R307-410-3 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).

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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 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 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, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

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

    Dated: March 5, 2020.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2020-05004 Filed 3-12-20; 8:45 am]
 BILLING CODE 6560-50-P