Approval and Promulgation of Air Quality Implementation Plans; Utah; Rule Recodification, 7679-7683 [06-1310]
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Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Rules and Regulations
2. Amend § 232.101 by:
a. Removing the word ‘‘and’’ at the
end of paragraph (b)(7);
I b. Removing the period at the end of
paragraph (b)(8) and in its place adding
‘‘; and’’; and
I c. Adding paragraph (b)(9).
The addition reads as follows.
I
I
§ 232.101 Mandated electronic
submissions and exceptions.
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(b) * * *
(9) Documents filed with the
Commission pursuant to section 33 of
the Investment Company Act (15 U.S.C.
80a–32).
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Dated: February 8, 2006.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 06–1322 Filed 2–13–06; 8:45 am]
BILLING CODE 8010–01–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 41
Importation of Tobacco Products and
Cigarette Papers and Tubes
CFR Correction
In Title 27 of the Code of Federal
Regulations, parts 1 to 399, revised as of
April 1, 2005, on page 894, in § 41.86,
paragraph (d), in the last sentence
remove ‘‘ATF’’ and add in its place
‘‘TTB,’’ and on page 902, in § 41.126,
last sentence, remove ‘‘regional director
(compliance)’’ and add in its place
‘‘appropriate TTB officer.’’
[FR Doc. 06–55506 Filed 2–13–06; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2005–UT–0001; FRL–8027–
4]
Approval and Promulgation of Air
Quality Implementation Plans; Utah;
Rule Recodification
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
SUMMARY: EPA is taking final action to
approve State Implementation Plan
(SIP) revisions submitted by the
Governor of Utah on September 20,
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1999 and February 5, 2001. The
September 20, 1999 submittal revises
the numbering and format of the Utah
Administrative Code (UAC) rules within
Utah’s SIP. The February 5, 2001
submittal restores a paragraph that was
inadvertently deleted from Utah’s rules
when the State submitted their SIP
submittal dated September 20, 1999 that
renumbered the UAC rules. The
intended effect of this action is to make
these provisions federally enforceable.
In addition, the approval of Utah’s SIP
revision dated September 20, 1999
supersedes and replaces previous SIP
revisions submitted by Utah on October
26, 2000, September 7, 1999, two SIP
revisions submitted February 6, 1996,
and one submitted on January 27, 1995.
Some of the provisions of the rules
submitted in Utah’s SIP revisions will
be addressed at a later date by more
recent SIP actions that have been
submitted which supersede and replace
the earlier SIP submittal actions. EPA
will be removing Utah’s Asbestos Work
Practices, Contractor Certification,
AHERA Accreditation and AHERA
Implementation rule R307–1–8 and
Eligibility of Pollution Control
Expenditures for Sales Tax Exemption
rule R307–1–6 from Utah’s federally
enforceable SIP because these rules are
not generally related to attainment of
the National Ambient Air Quality
Standards (NAAQS) and are therefore
not required to be in Utah’s SIP. Finally,
EPA will be removing Utah’s National
Emission Standards for Hazardous Air
Pollutants (NESHAPS) rule R307–1–
4.12. Utah has delegation of authority
for NESHAPs in 40 CFR part 61 (49 FR
36368), pursuant to 110(k)(6) of the Act,
therefore we are removing the existing
language (R307–1–4.12) that was
approved into Utah’s current SIP
because it is no longer required to be in
the SIP. This action is being taken under
section 110 of the Clean Air Act.
DATES: Effective Date: This rule is
effective on March 16, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2005–UT–0001. All
documents in the docket are listed in
the Regional Materials in EDOCKET
(RME) index at https://docket.epa.gov/
rmepub/. On November 28, 2005, RME,
EPA’s electronic public docket and
comment system, was replaced by an
enhanced federal-wide electronic docket
management and comment system
located at https://www.regulations.gov.
Therefore, you will be redirected to that
site to access the docket EPA–R08–
OAR–2005–UT–0001. Although listed
in the index, some information is not
publicly available, i.e., Confidential
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7679
Business Information (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 either
electronically in Regional Materials in
EDOCKET or in hard copy at the Air
and Radiation Program, Environmental
Protection Agency (EPA), Region 8, 999
18th Street, Suite 300, Denver, Colorado
80202–2466. 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 a.m. to 4 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Catherine Roberts, EPA, Region 8, 999
18th Street, Ste. 300 (8P–AR), Denver,
CO, 80202–2466, (303) 312–6025,
roberts.catherine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’, or ‘‘our’’ are used, we mean
the Environmental Protection Agency
(EPA).
Table of Contents
I. General Information
II. Summary of Final Action
III. Summary of Public Comments and EPA’s
Response
IV. Statutory and Executive Order Review
I. General Information
Definitions—For the purpose of this
document, we are giving meaning to
certain words or initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The initials SIP mean or refer to
State Implementation Plan.
(iv) The words State mean the State
of Utah, unless the context indicates
otherwise.
II. Summary of Final Action
On October 13, 2005 EPA published
a notice of proposed rulemaking (NPR)
for the State of Utah (70 FR 59681). The
NPR proposed approval of the
recodification of the UAC rules that had
previously been approved into Utah’s
SIP, removed from Utah’s SIP rule
language that is obsolete or is generally
not related to attainment of the NAAQS
and is therefore not appropriate to be in
Utah’s SIP and arranged rules to allow
for a more coherent SIP structure. The
formal SIP revisions were submitted by
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the State of Utah on February 5, 2001,
October 26, 2000, September 20, 1999,
September 7, 1999, two SIP revisions
submitted February 6, 2001 and one
submitted January 27, 1995. A summary
of these SIP submittals follows.
The September 20, 1999 submittal
revises the numbering and format of the
UAC rules within Utah’s SIP. The
renumbering and reformatting of the
UAC rules within Utah’s SIP provides
for a more consistent numbering system
and a coherent structure allowing
provisions to be located more easily
within Utah’s rules. Some provisions of
the rules submitted in Utah’s SIP
revision dated September 20, 1999 will
be addressed at a later date. The
following identifies the renumbered rule
sections we are approving as replacing
the prior numbered rule sections: R307–
101–1 and 2 with the exception of the
definitions for ‘‘actual emissions,’’
‘‘major modification,’’ ‘‘part 70 source,’’
‘‘significant,’’ and ‘‘volatile organic
compound’’ effective September 15,
1998; R307–102–1 through R307–102–6
effective September 15, 1998 and R307–
102–1(2) effective August 3, 2000;
R307–105–1 and R307–105–2 effective
September 15, 1998, R307–107–1
through R307–107–6 effective
September 15, 1998; R307–110–1
through R307–110–9, R307–110–11,
R307–110–13 through R307–110–15,
R307–110–18, R307–110–20 through
R307–110–28, R307–110–30, and R307–
110–32 effective September 15, 1998;
R307–115 effective September 15, 1998;
R307–130–1 through R307–130–4
effective September 15, 1998; R307–
165–1 through R307–165–4 effective
September 15, 1998; R307–201–1
through R307–201–3 effective
September 15, 1998; R307–202–1
through R307–202–6 effective
September 15, 1998; R307–203–1
through R307–203–3 effective
September 15, 1998; R307–206–1
through R307–206–5 effective
September 15, 1998; R307–301–1,
R307–301–2, and R307–301–4 through
R307–301–14 effective November 12,
1998; R307–302–1, R307–302–2 and
R307–302–4 effective September 15,
1998; R307–305–1 through R307–305–7
effective September 15, 1998; R307–
307–1 through R307–307–3 effective
September 15, 1998; R307–325–1
through R307–325–4 effective
September 15, 1998; R307–326–1
through R307–326–7 effective
September 15, 1998; R307–327–1
through R307–327–3 effective
September 15, 1998; R307–328–1
through R307–328–5 effective
September 15, 1998; R307–335–1
through R307–335–4 effective
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September 15, 1998; R307–340–1
through R307–340–13 effective
September 15, 1998; R307–341–1
through R307–341–3 effective
September 15, 1998; R307–342–1
through R307–342–7 effective
September 15, 1998; R307–401–9 and
R307–401–10(1) effective September 15,
1998; R307–403–1 through R307–403–9
effective September 15, 1998; R307–
405–1 through R307–405–8 effective
September 15, 1998; R307–406–1
through R307–406–6 effective
September 15, 1998; R307–413–7
effective September 15, 1998; and R307–
414–1 through R307–414–3 effective
September 15, 1998. These rules have
only been renumbered, contain nonsubstantive changes to the rule that do
not affect the meaning of the rule and/
or have been modified to move
definitions that have already been
approved into the SIP to specific rule
sections in which the definitions apply.
We are not acting to approve Utah’s
SIP submittal dated September 7, 1999
that deletes rule R307–150–1 (existing
rule number R307–1–2.2) and rule
R307–150–2 (existing rule number
R307–1–3.1.7) because the renumbering
of these rules have never been approved
into the SIP and have since been
superseded and replaced by Utah’s SIP
submittal dated February 5, 2001 and
October 9, 1998. Rule R307–150–1 is
restored to its appropriate rule section
in Utah’s SIP submittal dated February
5, 2001 which we are acting to approve
in this action. Rule R307–150–2 will be
addressed at a later date when EPA
addresses Utah’s SIP submittal dated
October 9, 1998.
We are not acting to approve Utah’s
SIP submittal dated February 6, 1996
that pertains to Utah’s rule R307–2 and
portions of Utah’s SIP submittal dated
February 6, 1996 that pertains to rule
R307–1–4. These SIP submittals and
portions thereof are superseded and
replaced by Utah’s September 20, 1999
SIP submittal that is being approved in
this action.
We are approving a portion of Utah’s
SIP submittal dated January 27, 1995
that pertains to Utah’s rules R307–1–
2.3.2, R307–1–3.1.4, and R307–1–3.2.3.
Utah’s rule R307–1–2.3.2 (renumbered
to R307–102–4(1)) adds a reference to
Utah’s Code to clarify where to find
further information regarding Utah’s
variance rule. Utah’s rule R307–1–3.2.3
deletes provisions for special testing
because the provisions are obsolete. We
will not be addressing Utah’s rule R307–
1–3.1.4 or R307–1–3.2.3 in this notice.
R307–1–3.1.4 will be addressed at a
later date when EPA addresses Utah’s
SIP submittal dated October 9, 1998 and
rule R307–1–3.2.3 will be addressed at
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a later date when EPA addresses Utah’s
PM10 maintenance plan for Utah and
Salt Lake County.
We are approving the removal of
Utah’s asbestos rule R307–1–8 and rule
R307–1–6 pertaining to Utah’s eligibility
of pollution control expenditures for
sales tax exemption from Utah’s
federally enforceable SIP because these
rules are not generally related to
attainment of the NAAQS and are
therefore not appropriate to be in Utah’s
SIP. We are also not acting on Utah’s
SIP submittal dated October 26, 2000
because the SIP pertains to changes
being made to Utah’s asbestos rule
R307–1–8 that we are removing from
Utah’s SIP in this action. We are also
approving the removal of Utah’s rule
R307–1–4.12 titled ‘‘National Emission
Standards for Hazardous Air
Pollutants’’. Utah has delegation of
authority for NESHAPs in 40 CFR part
61 (49 FR 36368), pursuant to 110(k)(6)
of the Act, therefore we are removing
the existing language (R307–1–4.12) that
was approved into Utah’s current SIP
because it is no longer required to be in
the SIP.
EPA is not acting to approve the
follow rules or portions of these rule for
reasons stated under section III.B of the
NPR (70 FR 59681): R307–121, R307–
122, R307–135, R307–214, R307–215,
R307–220, R307–221, R307–320, R307–
332, R307–410, R307–415, and R307–
417.
Finally, EPA is not acting on the
following rules because they have been
superseded and replaced by other Utah
SIP submittals as explained in the NPR
(70 FR 59681): Utah’s SIP submittal
dated February 16, 1996 titled
‘‘Expansion of R307–2’’ that recodified
and expanded Utah’s R307–2; portions
of Utah’s SIP submittal dated February
6, 1996 that recodifies Utah’s Emission
Standards rule(s) that pertain to
subsections: R307–1–4.9 and R307–1–
4.12; Utah’s SIP submittal dated
February 6, 1996 that recodifies Utah’s
Emission Standards rule R307–1–4 that
pertains to changes made in subsection
R307–1–4.6; Utah’s SIP submittal dated
September 20, 1999 that pertain to rule
sections R307–110–10, R307–110–12,
R307–110–16, R307–110–17, R307–110–
19, R307–110–29, R307–110–31, R307–
110–33, R307–110–34, R307–110–35;
Utah’s SIP submittal dated September
20, 1999 that recodifies Utah’s
Continuous Emission Monitoring
Systems rule R307–170; Utah’s SIP
submittal dated January 27, 1995
pertaining to rule R307–1–3.1.4 and rule
R307–1–3.2.3: Utah’s SIP submittal
dated February 6, 1996 that recodifies
Utah’s Emission Standards rule R307–
1–4 that pertains to changes made in
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subsection R307–1–4.5; Utah’s SIP
submittal dated September 20, 1999 that
recodifies Utah’s rules includes rules
R307–150 and rule R307–155; Utah’s
SIP submittal dated September 20, 1999
that recodifies Utah’s rules includes
rules R307–302–2(4) and R307–302–3;
Utah’s SIP submittal dated September
20, 1999 that pertain to the renumbering
of rules R307–401–1 through R307–401–
8, R307–401–10(2) and R307–401–11;
and Utah’s SIP submittal dated
September 20, 1999 that pertain to the
renumbering of rules R307–413–1
through R307–413–6, R307–413–8 and
R308–413–9. Additional information
regarding EPA’s action on the above
rules can be found within the NPR that
published on October 13, 2005 (70 FR
59681).
III. Summary of Public Comments and
EPA’s Response
Comment: A comment received stated
that certain sections of Utah’s rule
R307–110 had been previously
approved by EPA and was not
accurately reflected in the NPR under
category 3, number 4. Specifically,
Utah’s rule section R307–110–12 was
previously approved by EPA on August
1, 2005 (70 FR 44055) and again on
September 14, 2005 (70 FR 54267).
Section R307–110–31 was previously
approved by EPA on October 9, 2002 (67
FR 62981). Section R307–110–34 was
previously approved by EPA on
September 12, 2002 (67 FR 57744).
Finally section R307–110–35 was
previously approved by EPA on
September 14, 2005 (70 FR 54267).
Response: The commenter is correct.
However, as stated in the NPR (70 FR
59681), EPA does not intend to act on
the Recodification of these specific rule
sections in this action. Therefore, the
corrections raised by the commenter are
not relevant to this action and thus do
not affect our approval.
Comment: A comment received
expressed concern that EPA intended to
retain rule R307–2–18 within the SIP
because EPA had yet to act on Utah’s
SIP submittal dated February 6, 1996
that would adopt rule R307–110–29
which EPA stated in the NPR would
replace R307–2–18. This is incorrect.
Rule R307–2–18 has never been related
to rule R307–110–29 that pertains to the
diesel inspection and maintenance (I/M)
SIP and has already been recodified
with EPA’s approval of R307–110–31.
Therefore, EPA should not retain the old
rule number R307–2–18.
Response: The commenter is correct.
Rule R307–2–18 has been superseded
and replaced by EPA’s approval of
Utah’s rule R307–110–31 (67 FR 62891)
therefore, EPA will not be retaining the
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old rule number R307–2–18 in this
action and R307–110–29 will be acted
on when EPA acts on Utah’s February
6, 1996 SIP as stated in the NPR (70 FR
59681).
Comment: A comment received stated
that rule R307–110–35 is listed twice
within category 3, number 4 of the NPR
(70 FR 59681) as a rule EPA will not be
acting on because it has already been
approved and is also listed as one that
will be acted on at a later date.
Response: The commenter is correct.
However, as stated in the NPR (70 FR
59681), EPA does not intend to act on
this specific rule section in this action.
Therefore, the correction raised by the
commenter is not relevant to this action
and thus does not affect our approval.
Comment: A comment received stated
that under the NPR (70 FR 59681)
category 3, number 8, where it states
that rule sections R307–150–2 and
R307–155 will be acted on at a later date
when EPA takes action on an October 9,
1998 SIP submittal is incorrect because
the October 9, 1998 SIP submittal has
now been superseded by a December 12,
2003 SIP submittal.
Response: The commenter is correct.
However, as stated in the NPR (70 FR
59681), EPA does not intend to act on
these specific rule sections in this
action. Therefore, the correction raised
by the commenter is not relevant to this
action and thus does not affect our
approval.
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it 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).
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7681
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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 rule 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
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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 April 17, 2006.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule 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,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic
compounds, Reporting and
recordkeeping requirements.
Dated: January 19, 2006.
Robert E. Roberts,
Regional Administrator, Region 8.
40 CFR parts 52, chapter I, title 40 are
amended as follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart TT—Utah
2. Section 52.2320 is amended by
adding paragraph (c)(59) to read as
follows:
I
§ 52.2320
Identification of plan.
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(c) * * *
(59) On February 5, 2001, October 26,
2000, September 20, 1999, September 7,
1999, two State Implementation Plan
(SIP) revisions submitted February 6,
1996 and one on January 27, 1995, the
State of Utah submitted SIP revisions
that recodifies Utah’s rules that had
previously been approved into Utah’s
SIP; removed from Utah’s SIP language
that is obsolete or is generally not
related to attainment of the National
Ambient Air Quality Standards
(NAAQS) and is therefore not
appropriate to be in Utah’s SIP; and
arranged rules to allow for a more
coherent SIP structure.
(i) Incorporation by Reference.
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(A) Utah Administrative Code (UAC)
rule sections: R307–101–1 and 2 with
the exception of the definitions for
‘‘actual emissions,’’ ‘‘major
modification,’’ ‘‘part 70 source,’’
‘‘significant,’’ and ‘‘volatile organic
compound’’ effective September 15,
1998; R307–102–1 through R307–102–6
effective September 15, 1998 and R307–
102–1(2) effective August 3, 2000;
R307–105–1 and R307–105–2 effective
September 15, 1998, R307–107–1
through R307–107–6 effective
September 15, 1998; R307–110–1
through R307–110–9, R307–110–11,
R307–110–13 through R307–110–15,
R307–110–18, R307–110–20 through
R307–110–28, R307–110–30, and R307–
110–32 effective September 15, 1998;
R307–115–1 effective September 15,
1998; R307–130–1 through R307–130–4
effective September 15, 1998; R307–
165–1 through R307–165–4 effective
September 15, 1998; R307–201–1
through R307–201–3 effective
September 15, 1998; R307–202–1
through R307–202–6 effective
September 15, 1998; R307–203–1
through R307–203–3 effective
September 15, 1998; R307–206–1
through R307–206–5 effective
September 15, 1998; R307–301–1,
R307–301–2, and R307–301–4 through
R307–301–14 effective November 12,
1998; R307–302–1, R307–302–2 and
R307–302–4 effective September 15,
1998; R307–305–1 through R307–305–7
effective September 15, 1998; R307–
307–1 through R307–307–3 effective
September 15, 1998; R307–325–1
through R307–325–4 effective
September 15, 1998; R307–326–1
through R307–326–7 effective
September 15, 1998; R307–327–1
through R307–327–3 effective
September 15, 1998; R307–328–1
through R307–328–5 effective
September 15, 1998; R307–335–1
through R307–335–4 effective
September 15, 1998; R307–340–1
through R307–340–13 effective
September 15, 1998; R307–341–1
through R307–341–3 effective
September 15, 1998; R307–342–1
through R307–342–7 effective
September 15, 1998; R307–401–9 and
R307–401–10(1) effective September 15,
1998; R307–403–1 through R307–403–9
effective September 15, 1998; R307–
405–1 through R307–405–8 effective
September 15, 1998; R307–406–1
through R307–406–6 effective
September 15, 1998; R307–413–7
effective September 15, 1998; and R307–
414–1 through R307–414–3 effective
September 15, 1998.
(ii) Additional Material.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
(A) Outline for Utah’s Rules
Reorganization effective September 15,
1998.
(B) July 6, 2000 letter from Richard
Long, EPA Region VIII to Ursula
Kramer, Director, Utah Division of
Environmental Quality requesting Utah
to withdraw Utah SIP submittals dated
April 30, 1998, October 9, 1998, and
April 19, 2000.
(C) October 6, 2000 letter from
Richard Long, EPA Region VIII to Rick
Sprott, Acting Director, Utah Division of
Air Quality (UDAQ) notifying UDAQ of
an October 6, 1995 EPA memorandum
(included with the October 6, 2000
letter) stating that Clean Air Act section
172(c)(9) pertaining to contingency
measures requirements would not apply
to PM10 nonattainment areas that had
attained the standard with at least 3
years of clean air quality and as long as
the area continued to attain the
standard.
(D) October 16, 2000 letter from
Michael Leavitt, Governor of Utah to
William Yellowtail, Regional
Administrator, EPA Region VIII
requesting the withdraw of Utah’s SIP
submittals dated April 30, 1998, October
9, 1998, and April 19, 2000.
(E) April 2, 2002 letter from Richard
Long, EPA Region VIII to Rick Sprott,
Director, Utah Division of Air Quality
informing UDAQ of our intent to not act
on Utah’s SIP submittal dated October
26, 2000 and our intent to remove
existing asbestos rule language (R701–
1–8) from Utah’s federally approved
SIP.
(F) April 7, 2005 letter from Rick
Sprott, Director, Utah Division of Air
Quality agreeing with EPA on the
exclusion of Utah rules R307–1–6,
R307–121, R307–122, R307–135, R307–
214, R307–215, R307–220, R307–221,
R307–320, R307–332, R307–415, R307–
417, and R307–1–8 from Utah’s
federally approved SIP.
I 3. Section 52.2352 is amended by
redesignating the existing paragraph as
paragraph (a) and adding paragraph (b),
(c) and (d) to read as follows:
§ 52.2352
Change to approved plan.
*
*
*
*
*
(b) Utah Administrative Code (UAC)
rule R307–1–8, Asbestos Work
Practices, Contractor Certification,
AHERA Accreditation and AHERA
Implementation, is removed from Utah’s
approved State Implementation Plan
(SIP). This rule language pertains to the
regulation of asbestos and is generally
not related to attainment of the National
Ambient Air Quality Standards
(NAAQS) and therefore it is not
appropriate to be in Utah’s SIP.
E:\FR\FM\14FER1.SGM
14FER1
Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Rules and Regulations
(c) Utah Administrative Code (UAC)
rule R307–1–4.12, National Emission
Standards for Hazardous Air Pollutants
(NESHAPs), is removed from Utah’s
approved State Implementation Plan
(SIP). Utah has delegation of authority
for NESHAPs in 40 CFR part 61 (49 FR
36368), pursuant to 110(k)(6) of the Act.
(d) Utah Administrative Code (UAC)
rule R307–1–6, Eligibility of Pollution
Control Expenditures for Sales Tax
Exemption, is removed from Utah’s
approved State Implementation Plan
(SIP). This rule language pertains to
State Sales Tax Exemptions for
Pollution Control Expenditures and is
not generally related to attainment of
the National Ambient Air Quality
Standards (NAAQS) and is therefore not
appropriate to be in Utah’s SIP.
[FR Doc. 06–1310 Filed 2–13–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2006–0033; FRL–8029–4]
Revisions to the California State
Implementation Plan; San Joaquin
Valley Unified Air Pollution Control
District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
rmajette on PROD1PC67 with RULES
AGENCY:
SUMMARY: EPA is finalizing approval of
revisions to the San Joaquin Valley
Unified Air Pollution Control District’s
portion of the California State
Implementation Plan (SIP). These
revisions were proposed in the Federal
Register on March 30, 2005, and
concern particulate matter emissions
from agricultural operations. We are
approving a local rule that regulates
these emission sources under the Clean
Air Act as amended in 1990 (CAA or the
Act).
DATES: Effective Date: This rule is
effective on March 16, 2006.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2006–0033 for
this action. The index to the docket is
available electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hardcopy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hardcopy materials, please schedule an
VerDate Aug<31>2005
14:01 Feb 13, 2006
Jkt 208001
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Andrew Steckel, EPA Region IX,
(415)947–4115,
steckel.andrew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
I. Proposed Action
On March 30, 2005 (70 FR 16207),
EPA proposed to approve San Joaquin
Valley Unified Air Pollution Control
District (SJVUAPCD) Rule 4550,
Conservation Management Practices,
and its associated List of Conservation
Management Practices (CMP List), into
the California SIP. Rule 4550 and the
CMP List were adopted by the
SJVUAPCD on May 20, 2004, and
readopted without change on August 19,
2004. We proposed to approve Rule
4550 and the CMP List because we
determined that they complied with the
relevant CAA requirements. A more
detailed discussion of SJVUAPCD
particulate matter attainment planning,
the CAA requirements for serious
nonattainment areas, and how the CMP
program complies with these
requirements is provided in our
proposed rule and technical support
document (TSD).
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. During this
period, we received comments from the
following parties:
1. Vanessa Stewart, Earthjustice; letter
dated April 29, 2005.1
2. San Joaquin Valley agricultural
groups: California Cotton Ginners and
Growers Associations, California Citrus
Mutual, California Grape and Tree Fruit
League, Fresno County Farm Bureau,
Nisei Farmers League; letter dated April
29, 2005.
EPA appreciates the time and effort
expended by the commenters in
reviewing the proposed rule and
providing comments. We have
summarized the significant comments
and provided our responses below.
Comment 1: Earthjustice comments
that the San Joaquin Valley (SJV or the
Valley) is subject to the requirements of
1 Paul
Cort, Earthjustice, submitted an additional
letter dated December 2, 2005, in which he seeks
to supplement Ms. Stewart’s comment letter. By
letter dated December 20, 2005, David Crow,
SJVUAPCD, responded to Mr. Cort’s letter. The
comment period for the proposed rule closed on
April 29, 2005. Mr. Cort’s letter and Mr. Crow’s
response are therefore over seven months late and
EPA is not considering them in this final action.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
7683
CAA section 188(e), including most
stringent measures (MSM). Earthjustice
states that nonattainment areas like the
Valley ‘‘receiving additional time to
attain the NAAQS’’ must demonstrate
that ‘‘the plan for that area includes the
most stringent measures (MSM) that are
included in the implementation plan for
any State or are achieved in practice in
any state, and can feasibly be
implemented in the area.’’ Addendum at
42010.2 The Valley, having submitted a
PM–10 Plan with an attainment
deadline almost a decade later than that
authorized by the Act, is subject to the
requirements of CAA section 188(e),
including the MSM requirement.
Response: In our final rule approving
the 2003 SJV PM–10 Plan, we
determined that section 188(e),
including its MSM requirement, does
not apply to the SJV PM–10
nonattainment area. Instead we
concluded that, having failed to attain
its serious area deadline of December
31, 2001, the area falls within the scope
of section 189(d) which does not
contain an MSM requirement. 69 FR
30006, 30022 (May 26, 2004).
Earthjustice appropriately raised the
issue of the applicability of section
188(e) in its comments on EPA’s
proposed approval of the 2003 Plan.
Earthjustice, representing Latino Issues
Forum, Medical Advocates for Healthy
Air and Sierra Club, subsequently
challenged EPA’s final approval in the
U.S. Court of Appeals for the Ninth
Circuit, raising this issue among others.3
On September 6, 2005, the Ninth Circuit
upheld EPA’s interpretation of the
statute. Association of Irritated
Residents et al. v. U.S.E.P.A. et al., 2005
U.S. App. LEXIS 19213 (9th Cir. 2005).
Comment 2: Earthjustice comments
that the CMP program must provide for
MSM. Earthjustice states that the CMP
program does not demonstrate that it
implements MSM, nor has EPA
evaluated it under this standard. MSM
evaluations are distinct from best
available control measure (BACM)
evaluations and may identify control
measures that would not have been
considered under a BACM evaluation.
For example, EPA has concluded that
the de minimis level for BACM
‘‘depends on whether requiring the
application of BACM for such sources
2 ‘‘State Implementation Plans for Serious PM–10
Nonattainment Areas, and Attainment Date Waivers
for PM–10 Nonattainment Areas Generally;
Addendum to the General Preamble for the
Implementation of Title I of the Clean Air Act
Amendments of 1990,’’ 59 FR 41998 (August 16,
1994).
3 The Association of Irritated Residents also
petitioned for review of EPA’s final action and the
cases were consolidated.
E:\FR\FM\14FER1.SGM
14FER1
]]>Agencies
[Federal Register Volume 71, Number 30 (Tuesday, February 14, 2006)]
[Rules and Regulations]
[Pages 7679-7683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1310]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2005-UT-0001; FRL-8027-4]
Approval and Promulgation of Air Quality Implementation Plans;
Utah; Rule Recodification
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve State Implementation
Plan (SIP) revisions submitted by the Governor of Utah on September 20,
1999 and February 5, 2001. The September 20, 1999 submittal revises the
numbering and format of the Utah Administrative Code (UAC) rules within
Utah's SIP. The February 5, 2001 submittal restores a paragraph that
was inadvertently deleted from Utah's rules when the State submitted
their SIP submittal dated September 20, 1999 that renumbered the UAC
rules. The intended effect of this action is to make these provisions
federally enforceable. In addition, the approval of Utah's SIP revision
dated September 20, 1999 supersedes and replaces previous SIP revisions
submitted by Utah on October 26, 2000, September 7, 1999, two SIP
revisions submitted February 6, 1996, and one submitted on January 27,
1995. Some of the provisions of the rules submitted in Utah's SIP
revisions will be addressed at a later date by more recent SIP actions
that have been submitted which supersede and replace the earlier SIP
submittal actions. EPA will be removing Utah's Asbestos Work Practices,
Contractor Certification, AHERA Accreditation and AHERA Implementation
rule R307-1-8 and Eligibility of Pollution Control Expenditures for
Sales Tax Exemption rule R307-1-6 from Utah's federally enforceable SIP
because these rules are not generally related to attainment of the
National Ambient Air Quality Standards (NAAQS) and are therefore not
required to be in Utah's SIP. Finally, EPA will be removing Utah's
National Emission Standards for Hazardous Air Pollutants (NESHAPS) rule
R307-1-4.12. Utah has delegation of authority for NESHAPs in 40 CFR
part 61 (49 FR 36368), pursuant to 110(k)(6) of the Act, therefore we
are removing the existing language (R307-1-4.12) that was approved into
Utah's current SIP because it is no longer required to be in the SIP.
This action is being taken under section 110 of the Clean Air Act.
DATES: Effective Date: This rule is effective on March 16, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2005-UT-0001. All documents in the docket are listed in
the Regional Materials in EDOCKET (RME) index at https://docket.epa.gov/
rmepub/. On November 28, 2005, RME, EPA's electronic public docket and
comment system, was replaced by an enhanced federal-wide electronic
docket management and comment system located at https://
www.regulations.gov. Therefore, you will be redirected to that site to
access the docket EPA-R08-OAR-2005-UT-0001. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information (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 either electronically in Regional Materials in EDOCKET or in
hard copy at the Air and Radiation Program, Environmental Protection
Agency (EPA), Region 8, 999 18th Street, Suite 300, Denver, Colorado
80202-2466. 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 a.m. to 4 p.m., excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Catherine Roberts, EPA, Region 8, 999
18th Street, Ste. 300 (8P-AR), Denver, CO, 80202-2466, (303) 312-6025,
roberts.catherine@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'', or ``our'' are used, we mean the Environmental Protection
Agency (EPA).
Table of Contents
I. General Information
II. Summary of Final Action
III. Summary of Public Comments and EPA's Response
IV. Statutory and Executive Order Review
I. General Information
Definitions--For the purpose of this document, we are giving
meaning to certain words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials SIP mean or refer to State Implementation Plan.
(iv) The words State mean the State of Utah, unless the context
indicates otherwise.
II. Summary of Final Action
On October 13, 2005 EPA published a notice of proposed rulemaking
(NPR) for the State of Utah (70 FR 59681). The NPR proposed approval of
the recodification of the UAC rules that had previously been approved
into Utah's SIP, removed from Utah's SIP rule language that is obsolete
or is generally not related to attainment of the NAAQS and is therefore
not appropriate to be in Utah's SIP and arranged rules to allow for a
more coherent SIP structure. The formal SIP revisions were submitted by
[[Page 7680]]
the State of Utah on February 5, 2001, October 26, 2000, September 20,
1999, September 7, 1999, two SIP revisions submitted February 6, 2001
and one submitted January 27, 1995. A summary of these SIP submittals
follows.
The September 20, 1999 submittal revises the numbering and format
of the UAC rules within Utah's SIP. The renumbering and reformatting of
the UAC rules within Utah's SIP provides for a more consistent
numbering system and a coherent structure allowing provisions to be
located more easily within Utah's rules. Some provisions of the rules
submitted in Utah's SIP revision dated September 20, 1999 will be
addressed at a later date. The following identifies the renumbered rule
sections we are approving as replacing the prior numbered rule
sections: R307-101-1 and 2 with the exception of the definitions for
``actual emissions,'' ``major modification,'' ``part 70 source,''
``significant,'' and ``volatile organic compound'' effective September
15, 1998; R307-102-1 through R307-102-6 effective September 15, 1998
and R307-102-1(2) effective August 3, 2000; R307-105-1 and R307-105-2
effective September 15, 1998, R307-107-1 through R307-107-6 effective
September 15, 1998; R307-110-1 through R307-110-9, R307-110-11, R307-
110-13 through R307-110-15, R307-110-18, R307-110-20 through R307-110-
28, R307-110-30, and R307-110-32 effective September 15, 1998; R307-115
effective September 15, 1998; R307-130-1 through R307-130-4 effective
September 15, 1998; R307-165-1 through R307-165-4 effective September
15, 1998; R307-201-1 through R307-201-3 effective September 15, 1998;
R307-202-1 through R307-202-6 effective September 15, 1998; R307-203-1
through R307-203-3 effective September 15, 1998; R307-206-1 through
R307-206-5 effective September 15, 1998; R307-301-1, R307-301-2, and
R307-301-4 through R307-301-14 effective November 12, 1998; R307-302-1,
R307-302-2 and R307-302-4 effective September 15, 1998; R307-305-1
through R307-305-7 effective September 15, 1998; R307-307-1 through
R307-307-3 effective September 15, 1998; R307-325-1 through R307-325-4
effective September 15, 1998; R307-326-1 through R307-326-7 effective
September 15, 1998; R307-327-1 through R307-327-3 effective September
15, 1998; R307-328-1 through R307-328-5 effective September 15, 1998;
R307-335-1 through R307-335-4 effective September 15, 1998; R307-340-1
through R307-340-13 effective September 15, 1998; R307-341-1 through
R307-341-3 effective September 15, 1998; R307-342-1 through R307-342-7
effective September 15, 1998; R307-401-9 and R307-401-10(1) effective
September 15, 1998; R307-403-1 through R307-403-9 effective September
15, 1998; R307-405-1 through R307-405-8 effective September 15, 1998;
R307-406-1 through R307-406-6 effective September 15, 1998; R307-413-7
effective September 15, 1998; and R307-414-1 through R307-414-3
effective September 15, 1998. These rules have only been renumbered,
contain non-substantive changes to the rule that do not affect the
meaning of the rule and/or have been modified to move definitions that
have already been approved into the SIP to specific rule sections in
which the definitions apply.
We are not acting to approve Utah's SIP submittal dated September
7, 1999 that deletes rule R307-150-1 (existing rule number R307-1-2.2)
and rule R307-150-2 (existing rule number R307-1-3.1.7) because the
renumbering of these rules have never been approved into the SIP and
have since been superseded and replaced by Utah's SIP submittal dated
February 5, 2001 and October 9, 1998. Rule R307-150-1 is restored to
its appropriate rule section in Utah's SIP submittal dated February 5,
2001 which we are acting to approve in this action. Rule R307-150-2
will be addressed at a later date when EPA addresses Utah's SIP
submittal dated October 9, 1998.
We are not acting to approve Utah's SIP submittal dated February 6,
1996 that pertains to Utah's rule R307-2 and portions of Utah's SIP
submittal dated February 6, 1996 that pertains to rule R307-1-4. These
SIP submittals and portions thereof are superseded and replaced by
Utah's September 20, 1999 SIP submittal that is being approved in this
action.
We are approving a portion of Utah's SIP submittal dated January
27, 1995 that pertains to Utah's rules R307-1-2.3.2, R307-1-3.1.4, and
R307-1-3.2.3. Utah's rule R307-1-2.3.2 (renumbered to R307-102-4(1))
adds a reference to Utah's Code to clarify where to find further
information regarding Utah's variance rule. Utah's rule R307-1-3.2.3
deletes provisions for special testing because the provisions are
obsolete. We will not be addressing Utah's rule R307-1-3.1.4 or R307-1-
3.2.3 in this notice. R307-1-3.1.4 will be addressed at a later date
when EPA addresses Utah's SIP submittal dated October 9, 1998 and rule
R307-1-3.2.3 will be addressed at a later date when EPA addresses
Utah's PM10 maintenance plan for Utah and Salt Lake County.
We are approving the removal of Utah's asbestos rule R307-1-8 and
rule R307-1-6 pertaining to Utah's eligibility of pollution control
expenditures for sales tax exemption from Utah's federally enforceable
SIP because these rules are not generally related to attainment of the
NAAQS and are therefore not appropriate to be in Utah's SIP. We are
also not acting on Utah's SIP submittal dated October 26, 2000 because
the SIP pertains to changes being made to Utah's asbestos rule R307-1-8
that we are removing from Utah's SIP in this action. We are also
approving the removal of Utah's rule R307-1-4.12 titled ``National
Emission Standards for Hazardous Air Pollutants''. Utah has delegation
of authority for NESHAPs in 40 CFR part 61 (49 FR 36368), pursuant to
110(k)(6) of the Act, therefore we are removing the existing language
(R307-1-4.12) that was approved into Utah's current SIP because it is
no longer required to be in the SIP.
EPA is not acting to approve the follow rules or portions of these
rule for reasons stated under section III.B of the NPR (70 FR 59681):
R307-121, R307-122, R307-135, R307-214, R307-215, R307-220, R307-221,
R307-320, R307-332, R307-410, R307-415, and R307-417.
Finally, EPA is not acting on the following rules because they have
been superseded and replaced by other Utah SIP submittals as explained
in the NPR (70 FR 59681): Utah's SIP submittal dated February 16, 1996
titled ``Expansion of R307-2'' that recodified and expanded Utah's
R307-2; portions of Utah's SIP submittal dated February 6, 1996 that
recodifies Utah's Emission Standards rule(s) that pertain to
subsections: R307-1-4.9 and R307-1-4.12; Utah's SIP submittal dated
February 6, 1996 that recodifies Utah's Emission Standards rule R307-1-
4 that pertains to changes made in subsection R307-1-4.6; Utah's SIP
submittal dated September 20, 1999 that pertain to rule sections R307-
110-10, R307-110-12, R307-110-16, R307-110-17, R307-110-19, R307-110-
29, R307-110-31, R307-110-33, R307-110-34, R307-110-35; Utah's SIP
submittal dated September 20, 1999 that recodifies Utah's Continuous
Emission Monitoring Systems rule R307-170; Utah's SIP submittal dated
January 27, 1995 pertaining to rule R307-1-3.1.4 and rule R307-1-3.2.3:
Utah's SIP submittal dated February 6, 1996 that recodifies Utah's
Emission Standards rule R307-1-4 that pertains to changes made in
[[Page 7681]]
subsection R307-1-4.5; Utah's SIP submittal dated September 20, 1999
that recodifies Utah's rules includes rules R307-150 and rule R307-155;
Utah's SIP submittal dated September 20, 1999 that recodifies Utah's
rules includes rules R307-302-2(4) and R307-302-3; Utah's SIP submittal
dated September 20, 1999 that pertain to the renumbering of rules R307-
401-1 through R307-401-8, R307-401-10(2) and R307-401-11; and Utah's
SIP submittal dated September 20, 1999 that pertain to the renumbering
of rules R307-413-1 through R307-413-6, R307-413-8 and R308-413-9.
Additional information regarding EPA's action on the above rules can be
found within the NPR that published on October 13, 2005 (70 FR 59681).
III. Summary of Public Comments and EPA's Response
Comment: A comment received stated that certain sections of Utah's
rule R307-110 had been previously approved by EPA and was not
accurately reflected in the NPR under category 3, number 4.
Specifically, Utah's rule section R307-110-12 was previously approved
by EPA on August 1, 2005 (70 FR 44055) and again on September 14, 2005
(70 FR 54267). Section R307-110-31 was previously approved by EPA on
October 9, 2002 (67 FR 62981). Section R307-110-34 was previously
approved by EPA on September 12, 2002 (67 FR 57744). Finally section
R307-110-35 was previously approved by EPA on September 14, 2005 (70 FR
54267).
Response: The commenter is correct. However, as stated in the NPR
(70 FR 59681), EPA does not intend to act on the Recodification of
these specific rule sections in this action. Therefore, the corrections
raised by the commenter are not relevant to this action and thus do not
affect our approval.
Comment: A comment received expressed concern that EPA intended to
retain rule R307-2-18 within the SIP because EPA had yet to act on
Utah's SIP submittal dated February 6, 1996 that would adopt rule R307-
110-29 which EPA stated in the NPR would replace R307-2-18. This is
incorrect. Rule R307-2-18 has never been related to rule R307-110-29
that pertains to the diesel inspection and maintenance (I/M) SIP and
has already been recodified with EPA's approval of R307-110-31.
Therefore, EPA should not retain the old rule number R307-2-18.
Response: The commenter is correct. Rule R307-2-18 has been
superseded and replaced by EPA's approval of Utah's rule R307-110-31
(67 FR 62891) therefore, EPA will not be retaining the old rule number
R307-2-18 in this action and R307-110-29 will be acted on when EPA acts
on Utah's February 6, 1996 SIP as stated in the NPR (70 FR 59681).
Comment: A comment received stated that rule R307-110-35 is listed
twice within category 3, number 4 of the NPR (70 FR 59681) as a rule
EPA will not be acting on because it has already been approved and is
also listed as one that will be acted on at a later date.
Response: The commenter is correct. However, as stated in the NPR
(70 FR 59681), EPA does not intend to act on this specific rule section
in this action. Therefore, the correction raised by the commenter is
not relevant to this action and thus does not affect our approval.
Comment: A comment received stated that under the NPR (70 FR 59681)
category 3, number 8, where it states that rule sections R307-150-2 and
R307-155 will be acted on at a later date when EPA takes action on an
October 9, 1998 SIP submittal is incorrect because the October 9, 1998
SIP submittal has now been superseded by a December 12, 2003 SIP
submittal.
Response: The commenter is correct. However, as stated in the NPR
(70 FR 59681), EPA does not intend to act on these specific rule
sections in this action. Therefore, the correction raised by the
commenter is not relevant to this action and thus does not affect our
approval.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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
[[Page 7682]]
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 April 17, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic
compounds, Reporting and recordkeeping requirements.
Dated: January 19, 2006.
Robert E. Roberts,
Regional Administrator, Region 8.
0
40 CFR parts 52, chapter I, title 40 are amended as follows:
PART 52--[AMENDED]
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. Section 52.2320 is amended by adding paragraph (c)(59) to read as
follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
(59) On February 5, 2001, October 26, 2000, September 20, 1999,
September 7, 1999, two State Implementation Plan (SIP) revisions
submitted February 6, 1996 and one on January 27, 1995, the State of
Utah submitted SIP revisions that recodifies Utah's rules that had
previously been approved into Utah's SIP; removed from Utah's SIP
language that is obsolete or is generally not related to attainment of
the National Ambient Air Quality Standards (NAAQS) and is therefore not
appropriate to be in Utah's SIP; and arranged rules to allow for a more
coherent SIP structure.
(i) Incorporation by Reference.
(A) Utah Administrative Code (UAC) rule sections: R307-101-1 and 2
with the exception of the definitions for ``actual emissions,'' ``major
modification,'' ``part 70 source,'' ``significant,'' and ``volatile
organic compound'' effective September 15, 1998; R307-102-1 through
R307-102-6 effective September 15, 1998 and R307-102-1(2) effective
August 3, 2000; R307-105-1 and R307-105-2 effective September 15, 1998,
R307-107-1 through R307-107-6 effective September 15, 1998; R307-110-1
through R307-110-9, R307-110-11, R307-110-13 through R307-110-15, R307-
110-18, R307-110-20 through R307-110-28, R307-110-30, and R307-110-32
effective September 15, 1998; R307-115-1 effective September 15, 1998;
R307-130-1 through R307-130-4 effective September 15, 1998; R307-165-1
through R307-165-4 effective September 15, 1998; R307-201-1 through
R307-201-3 effective September 15, 1998; R307-202-1 through R307-202-6
effective September 15, 1998; R307-203-1 through R307-203-3 effective
September 15, 1998; R307-206-1 through R307-206-5 effective September
15, 1998; R307-301-1, R307-301-2, and R307-301-4 through R307-301-14
effective November 12, 1998; R307-302-1, R307-302-2 and R307-302-4
effective September 15, 1998; R307-305-1 through R307-305-7 effective
September 15, 1998; R307-307-1 through R307-307-3 effective September
15, 1998; R307-325-1 through R307-325-4 effective September 15, 1998;
R307-326-1 through R307-326-7 effective September 15, 1998; R307-327-1
through R307-327-3 effective September 15, 1998; R307-328-1 through
R307-328-5 effective September 15, 1998; R307-335-1 through R307-335-4
effective September 15, 1998; R307-340-1 through R307-340-13 effective
September 15, 1998; R307-341-1 through R307-341-3 effective September
15, 1998; R307-342-1 through R307-342-7 effective September 15, 1998;
R307-401-9 and R307-401-10(1) effective September 15, 1998; R307-403-1
through R307-403-9 effective September 15, 1998; R307-405-1 through
R307-405-8 effective September 15, 1998; R307-406-1 through R307-406-6
effective September 15, 1998; R307-413-7 effective September 15, 1998;
and R307-414-1 through R307-414-3 effective September 15, 1998.
(ii) Additional Material.
(A) Outline for Utah's Rules Reorganization effective September 15,
1998.
(B) July 6, 2000 letter from Richard Long, EPA Region VIII to
Ursula Kramer, Director, Utah Division of Environmental Quality
requesting Utah to withdraw Utah SIP submittals dated April 30, 1998,
October 9, 1998, and April 19, 2000.
(C) October 6, 2000 letter from Richard Long, EPA Region VIII to
Rick Sprott, Acting Director, Utah Division of Air Quality (UDAQ)
notifying UDAQ of an October 6, 1995 EPA memorandum (included with the
October 6, 2000 letter) stating that Clean Air Act section 172(c)(9)
pertaining to contingency measures requirements would not apply to PM10
nonattainment areas that had attained the standard with at least 3
years of clean air quality and as long as the area continued to attain
the standard.
(D) October 16, 2000 letter from Michael Leavitt, Governor of Utah
to William Yellowtail, Regional Administrator, EPA Region VIII
requesting the withdraw of Utah's SIP submittals dated April 30, 1998,
October 9, 1998, and April 19, 2000.
(E) April 2, 2002 letter from Richard Long, EPA Region VIII to Rick
Sprott, Director, Utah Division of Air Quality informing UDAQ of our
intent to not act on Utah's SIP submittal dated October 26, 2000 and
our intent to remove existing asbestos rule language (R701-1-8) from
Utah's federally approved SIP.
(F) April 7, 2005 letter from Rick Sprott, Director, Utah Division
of Air Quality agreeing with EPA on the exclusion of Utah rules R307-1-
6, R307-121, R307-122, R307-135, R307-214, R307-215, R307-220, R307-
221, R307-320, R307-332, R307-415, R307-417, and R307-1-8 from Utah's
federally approved SIP.
0
3. Section 52.2352 is amended by redesignating the existing paragraph
as paragraph (a) and adding paragraph (b), (c) and (d) to read as
follows:
Sec. 52.2352 Change to approved plan.
* * * * *
(b) Utah Administrative Code (UAC) rule R307-1-8, Asbestos Work
Practices, Contractor Certification, AHERA Accreditation and AHERA
Implementation, is removed from Utah's approved State Implementation
Plan (SIP). This rule language pertains to the regulation of asbestos
and is generally not related to attainment of the National Ambient Air
Quality Standards (NAAQS) and therefore it is not appropriate to be in
Utah's SIP.
[[Page 7683]]
(c) Utah Administrative Code (UAC) rule R307-1-4.12, National
Emission Standards for Hazardous Air Pollutants (NESHAPs), is removed
from Utah's approved State Implementation Plan (SIP). Utah has
delegation of authority for NESHAPs in 40 CFR part 61 (49 FR 36368),
pursuant to 110(k)(6) of the Act.
(d) Utah Administrative Code (UAC) rule R307-1-6, Eligibility of
Pollution Control Expenditures for Sales Tax Exemption, is removed from
Utah's approved State Implementation Plan (SIP). This rule language
pertains to State Sales Tax Exemptions for Pollution Control
Expenditures and is not generally related to attainment of the National
Ambient Air Quality Standards (NAAQS) and is therefore not appropriate
to be in Utah's SIP.
[FR Doc. 06-1310 Filed 2-13-06; 8:45 am]
BILLING CODE 6560-50-P
