[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Proposed Rules]
[Pages 14297-14299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05227]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2021-0056; FRL-10021-25-Region 8]


Approval and Promulgation of Implementation Plans; Utah; Source 
Category Exemptions Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the State of Utah's Source Category Exemptions Revisions as 
submitted on November 5, 2019. The EPA is taking this action pursuant 
to the Clean Air Act (CAA).

DATES: Written comments must be received on or before April 14, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2021-0056, 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 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 electronically in 
www.regulations.gov. To reduce the risk of COVID-19 transmission, for 
this action we do not plan to offer hard copy review of the docket. 
Please email or call the person listed in the FOR FURTHER INFORMATION 
CONTACT section if you need to make alternative arrangements for access 
to the docket.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, (303) 312-6227, [email protected].

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

I. Background

    The State of Utah's regulation R307-401-10 was originally submitted 
on September 20, 1999 and was titled ``Low Oxides of Nitrogen Burner 
Technology.'' The Utah permitting regulations were reorganized and 
renumbered in Utah's September 15, 2006 submittal, The ``Low Oxides of 
Nitrogen Burner Technology'' was deleted and moved to R307-328 ``Ozone 
Nonattainment and Maintenance Areas in Utah and Weber Counties Gasoline 
Transfer and Storage''; R307-401-10 was then replaced with the title: 
``Source Category Exemptions.'' These revisions were acted on in EPA's 
rulemaking ``Approval and Promulgation of Air

[[Page 14298]]

Quality Implementation Plans; Utah; Revisions to Utah Administrative 
Code--Permit: New and Modified Sources'' which was published on 
February 2, 2014 (79 FR 7072). The 2006 submittal did not include R307-
401-10(6), which was submitted on November 5, 2019 and we are proposing 
to act on today. Source categories within R307-401-10 are exempt from 
going through the approval order process, as outlined in R307-401. The 
revision we are proposing to act on today adds gasoline dispensing 
facilities as an exempt source category by adding the following 
language to the State of Utah's SIP:

    A gasoline dispensing facility as defined in 40 CFR 63.11132 
that is not a major source as defined in R307-101-2. These sources 
shall comply with the applicable requirements of R307-328 [Gasoline 
Transfer and Storage] and 40 CFR 63 Subpart CCCCCC: National 
Emission Standards for Hazardous Air Pollutants for Source Category: 
Gasoline Dispensing Facilities.

    Sources receiving an exemption under R307-401-10 are still subject 
to the requirements located in: (1) R307-401(2)(a), which prevents 
exempt sources from circumventing major New Source Review (NSR) 
requirements; (2) R307-401-4, which contains the general permitting 
requirements; (3) R307-201 through 207, which contains the State 
permitting area source regulations; and (4) R307 section 300, which 
contains the State permitting nonattainment and maintenance area 
regulations. In addition, gasoline dispensing sources under R307-401-
10(6) would also have to comply with the requirements of 40 CFR part 
63, subpart CCCCCC: National Emissions Standards for Hazardous Air 
Pollutants for gasoline dispensing facilities and R307-328, which 
establishes Reasonably Available Control Technology (RACT) for control 
of gasoline vapors during the filling of gasoline cargo tank and 
storage tanks in Utah. The rule is based on federal control technique 
guidance documents. This requirement is commonly referred to as stage I 
vapor recovery. The exemption thresholds are the thresholds defining a 
major source and major modification as detailed in R307-101-2 (General 
Requirements. Definitions.). These thresholds and the additional 
regulatory safeguards ensure protection of all National Ambient Air 
Quality Standards (NAAQS) and thus meet the requirements of CAA section 
110(a)(2)(C), 40 CFR 51.160, and CAA section 110(l).
    R307-401-10(6), as described in Utah's November 5, 2019 submittal, 
became State effective on June 6, 2019.

II. The EPA's Evaluation

    EPA's regulations at 40 CFR 51.160 do not require the issuance of a 
permit for the construction or modification of minor sources, but only 
that the SIP include a procedure to prevent the construction of a 
source or modification that would violate the SIP control strategy or 
interfere with attainment or maintenance of the NAAQS.
    EPA recognizes that, under the applicable federal regulations, 
states have broad discretion to determine the scope of their minor NSR 
programs as needed to attain and maintain the NAAQS. A state may tailor 
its minor NSR requirements as long as they are consistent with the 
requirements of CAA 110(a)(2)(C) and 40 CFR 51.160-164. States may also 
provide a rationale for why the rules are at least as stringent as the 
40 CFR part 51 requirements where the revisions are different from 
those in 40 CFR part 51.
    The State of Utah's permitting regulations located in R307 provide 
appropriate safeguards to ensure attainment and maintenance of the 
NAAQS; as noted above. In particular the general provisions in Utah's 
permitting rule, R307-401-4 which applies to all new and modified 
sources, even those under the threshold for being required to obtain an 
approval order. These general provisions require all control 
apparatuses to be properly maintained. In addition, the director has 
authority under R307-401-4(2) to require an approval order for a small 
source if it is creating an adverse impact on the environment, human 
health or welfare.

III. Proposed Action

    Based on the above discussion, EPA finds that the addition of R307-
401-10(6) would not interfere with attainment or maintenance of any of 
the NAAQS in the State of Utah and would not interfere with any other 
applicable requirement of the CAA and thus is approvable under CAA 
110(a)(2)(C), 40 CFR 51.160-164 and CAA section 110(l). Therefore, we 
are proposing to approve the revisions to ``Source Category Exemptions 
Revisions'' as submitted by the State of Utah on November 5, 2019.

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 amendments described in section III. 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 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

[[Page 14299]]

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 8, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2021-05227 Filed 3-12-21; 8:45 am]
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