[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Rules and Regulations]
[Pages 28493-28494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11189]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2021-0056; FRL-10024-14-Region 8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on June 28, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-R08-2021-0056. 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: 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 ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our March 
15, 2021 proposed rule (48 FR 14297). In that document we proposed to 
approve the addition of R307-401-10(6), which adds gasoline dispensing 
facilities as exempt from going through the approval order process, as 
outlined in R307-401, unless they are otherwise major sources, by 
adding the following language to the State of Utah's permitting program 
in R307-401-10(6):

    ``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 part 63, subpart CCCCCC: National 
Emission Standards for Hazardous Air Pollutants for Source Category: 
Gasoline Dispensing Facilities.''

    We invited comments on all aspects of our proposed rulemaking and 
provided a 30-day comment period. The comment period ended on April 15, 
2021.

II. Response to Comments

    We received no comments during the public comment period.

III. Final Action

    For reasons outlined in our March 15, 2021 proposed rulemaking, we 
are taking final action to approve the addition of R307-401-10(6) as 
submitted by Utah on November 5, 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 finalizing the incorporation by reference of the 
State of Utah's State Implementation Plan as described in sections I 
and III of this 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 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);
     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, 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 28494]]

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 July 26, 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, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    Dated: May 20, 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 for 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, amend the table in paragraph (c) by revising the 
entry ``R307-401-10'' under the heading entitled ``R307-401. Permit: 
New and Modified Sources'' to read as follows:


Sec.  52.2320  Identification of plan.

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    (c) * * *

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                                                    State          Final rule
        Rule No.               Rule title      effective date    citation, date               Comments
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                                    R307-401 Permit: New and Modified Sources
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                                                  * * * * * * *
R307-401-10.............  Source Category          08/02/2018  [insert Federal     .............................
                           Exemptions.                          Register
                                                                citation], 5/27/
                                                                2021.
 
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[FR Doc. 2021-11189 Filed 5-26-21; 8:45 am]
BILLING CODE 6560-50-P