[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Rules and Regulations]
[Pages 41397-41398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12061]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0688; FRL-10010-35-Region 8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Utah Divison of Administrative Rules, specifically 
R307-101-3 submitted by the State of Utah on August 19, 2019, and R307-
405-02 and R307-410-03 submitted by the State of Utah on December 16, 
2019. The submittal for R307-101-3 requests a State Implementation Plan 
(SIP) revision to change the date incorporated by reference from the 
Code of Federal Regulations (CFR) to July 1, 2016 to July 1, 2017. 
Amendments to R307-405-02 and R307-410-03 update the part of the CFR 
incorporated by reference in the rules to the July 1, 2018 version. 
This action is being taken under the Clean Air Act (CAA or Act).

DATES: This rule is effective on August 10, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2019-0688. 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: 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 March 13, 2020 (85 FR 14606), the EPA proposed approval of the 
Revisions to the Utah Divison of Administrative Rules, specifically, 
R307-101-3, R307-405-02, and R307-410-03. The EPA received revisions to 
R307-101-3, General Requirements; Version of Code of Federal 
Regulations Incorporated by Reference from the State of Utah on August 
19, 2019. These revisions allow R307 rules that reference section R307-
101-3 to update the incorporation date with only one rule amendment.
    The EPA received revisions to (1) R307-405-02. Permits: Major 
Sources in Attainment or Unclassified Areas (PSD) Applicability; and 
(2) R307-410-03 Permits. Emissions Impact Analysis on December 16, 
2019. The revisions submitted for both R307-405-02 and R307-405-02 
update the version of the CFR that is incorporated by reference 
throughout the Utah Air Quality rules. The rule change for R307-405-02 
updates the version of 40 CFR 52.21 from the July 11, 2011 version to 
the July 1, 2018 version. Lastly, the amendment to rule R307-410-03 
updates the version of 40 CFR part 51, appendix W, incorporated by 
reference from the July 1, 2005 version to the July 1, 2018 version.

II. Response to Comments

    The comment period for our March 13, 2020 (85 FR 14606), proposed 
rule was open for 30 days. The EPA did not receive any comments.

III. Final Action

    The EPA is approving the SIP revision to R307-101-3, General 
Requirements; Version of the Code of Federal Regulations Incorporated 
by Reference submitted on August 19, 2019. Additionally, EPA is also 
approving revisions to (1) R307-405-02 Permits: Major Sources in 
Attainment or Unclassified Areas (PSD) Applicability; and (2) R307-410-
03 Permits. Emission Impact Analysis which were both submitted on 
December 16, 2019.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is incorporating by reference the Utah Air Quality 
rules promulgated in R307-101-3, R307-405-02, and R307-410-03 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). 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 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 Orders Review

    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 approves state law as meeting Federal requirements and 
does not impose additional requirements beyond

[[Page 41398]]

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 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. 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 September 8, 2020. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
dioxide, Volatile organic compounds.

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

    Dated: May 29, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.

    Accordingly, 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, the table in paragraph (c) is amended by revising 
the entries for ``R307-101-3'', ``R307-405-02'', and ``R307-410-03'' to 
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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                                                  * * * * * * *
R307-101-3...............  Version of Code of           5/23/2018  [Insert Federal
                            Federal Regulations                     Register citation], 7/
                            Incorporated by                         10/2020.
                            Reference.
 
                                                  * * * * * * *
R307-405-02..............  Applicability.........      11/25/2019  [Insert Federal
                                                                    Register citation], 7/
                                                                    10/2020.
 
                                                  * * * * * * *
R307-410-03..............  Use of Dispersion           11/25/2019  [Insert Federal
                            Models.                                 Register citation], 7/
                                                                    10/2020.
 
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[FR Doc. 2020-12061 Filed 7-9-20; 8:45 am]
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