[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Rules and Regulations]
[Pages 24728-24730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09240]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2020-0541; FRL-10022-97-Region 8]


Approval and Promulgation of Implementation Plans; Utah; R307-204 
Emission Standards: Smoke Management

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving state 
implementation plan (SIP) revisions submitted by State of Utah on 
November 5, 2019. The revisions amend R307-204 to meet the requirements 
set forth in Utah's 2019 House Bill (H.B.) 155. This action is being 
taken under section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on June 9, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2020-0541. 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 February 25, 2021 (86 FR 11687), the EPA proposed approval of 
the revisions to the Utah Divison of Administrative Rules, 
specifically: R307-204-1. Purpose and Goals; R307-204-2. Applicability; 
R307-204-3. Definitions; R307-204-4. General Requirements; R307-204-5. 
Burn Schedule; R307-204-6. Small Prescribed Fires (de minimis); R307-
204-7. Small Prescribed Pile Fires (de minimis); R307-204-8. Large 
Prescribed Fires; R307-204-9. Large Prescribed Pile Fires; and R307-
204-10. Requirements for Wildland Fire Use events that were submitted 
by the State on November 5, 2019.
    The rule revisions for R307-204 were submitted to align with the 
recent 2019 H.B. 155 which removes outdated terminology and language 
regarding adjusting fire emission factors and combines sections R307-
204-6. Small Prescribed Fires (de minimis), R307-204-7. Small 
Prescribed Pile Fires (de minimis), R307-204-8. Large Prescribed Fires, 
and R307-204-9. Large Prescribed Pile Fires to reduce redundancies.

II. Response to Comments

    The comment period for our February 25, 2021 (86 FR 11687) proposed 
rule was open for 30 days. The EPA did not receive any comments.

III. Final Action

    For the reasons stated in our February 25, 2021 proposed rule, the 
EPA is finalizing approval of SIP revisions submitted by the State of 
Utah on November 5, 2019. EPA is approving:
     Revisions to sections: R307-204-1. Purpose and Goals; 
R307-204-2. Applicability; R307-204-3. Definitions; R307-204-4. General 
Requirements; and R307-204-5. Burn Schedule.
     Revisions to combine R307-204-6. Small Prescribed Fires 
(de minimis) and R307-204-7. Small Prescribed Pile Fires (de minimis), 
under R307-204-6. Small Prescribed Fires (de minimis) to streamline and 
reduce redundancies.
     Revisions to combine R307-204-8. Large Prescribed Fires 
and R307-204-9. Large Prescribed Pile Fires, under R307-204-7, and to 
retitle R307-204-7 to ``Large Prescribed Fires,'' which will streamline 
and reduce redundancies.
     Removal of R307-204-10. Requirements for Wildland Fire Use 
events. This deletion is removing outdated smoke policy terminology, 
such as, wildland fire use.
    The revisions for R307-204 meet the applicable CAA requirements and 
contains smoke management requirements for land managers within the 
State of Utah as required by 40 CFR 51.309(d)(6).

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 R307-204-1; R307-204-
2; R307-204-3; R307-204-4; R307-204-5; combination of R307-204-6 and 
R307-204-7, under R307-204-6 for streamlining; combination of R307-204-
8 and R307-204-9, under R307-204-7; and the removal of R307-204-10 due 
to outdated information. The EPA has

[[Page 24729]]

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 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 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 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).
    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 July 9, 2021. 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: April 28, 2021.
Debra H. Thomas,
Acting 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, the table in paragraph (c) is amended by:
0
a. Revising the entries for ``R307-204-01'', ``R307-204-02'', ``R307-
204-03'', ``R307-204-04'', ``R307-204-05'', ``R307-204-06'', and 
``R307-204-07''.
0
b. Removing the entries for ``R307-204-08'', R307-204-09'', and ``R307-
204-10''.
    The revisions 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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                                                  * * * * * * *
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                                 R307-204. Emission Standards: Smoke Management
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R307-204-01..................  Purpose and Goals.......       11/5/2019  [insert Federal
                                                                          Register citation], 5/
                                                                          10/2021.

[[Page 24730]]

 
R307-204-02..................  Applicability...........       11/5/2019  [insert Federal
                                                                          Register citation], 5/
                                                                          10/2021.
R307-204-03..................  Definitions.............       11/5/2019  [insert Federal
                                                                          Register citation], 5/
                                                                          10/2021.
R307-204-04..................  General Requirements....       11/5/2019  [insert Federal
                                                                          Register citation], 5/
                                                                          10/2021.
R307-204-05..................  Burn Schedule...........       11/5/2019  [insert Federal
                                                                          Register citation], 5/
                                                                          10/2021.
R307-204-06..................  Small Prescribed Fires         11/5/2019  [insert Federal
                                (de minimis).                             Register citation], 5/
                                                                          10/2021.
R307-204-07..................  Large Prescribed Fires..       11/5/2019  [insert Federal
                                                                          Register citation], 5/
                                                                          10/2021.
 
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[FR Doc. 2021-09240 Filed 5-7-21; 8:45 am]
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