Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Revised Transportation Conformity Consultation Process, and Approval of Related Revisions, 51222-51225 [E8-20139]
Download as PDF
51222
Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Rules and Regulations
enforced from 1:30 p.m. to 4:30 p.m. on
October 18, 2008.
ENVIRONMENTAL PROTECTION
AGENCY
CDR
Joseph Snowden, Prevention, U.S. Coast
Guard Sector Detroit, 110 Mount Elliot
Ave., Detroit, MI 48207; (313) 568–9580.
40 CFR Part 52
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the special local
regulation for the annual Detroit Belle
Isle Gran Prix, Detroit, MI, in 33 CFR
100.912 on August 29, 30, and 31, 2008,
from 7:30 a.m. until 7:30 p.m. The Coast
Guard will enforce the special local
regulation for the annual Old Club
Cannonade, Harsens Island, MI, in 33
CFR 100.917 on October 18, 2008, from
1:30 p.m. until 4:30 p.m.
Under the provisions of 33 CFR
100.912 and 33 CFR 100.917 no vessel
may enter, transit through, or anchor
within the regulated areas without the
permission of the Captain of the Port or
the Coast Guard Patrol Commander.
The ‘‘Coast Guard Patrol Commander’’
is any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port to
act on his behalf. The Coast Guard
Patrol Commander will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel. The Captain of the Port or the
Coast Guard Patrol Commander may be
contacted via VHF Channel 16.
Vessel operators given permission to
enter or operate in the regulated areas
must comply with all directions given to
them by the Captain of the Port or the
Coast Guard Patrol Commander.
This notice is issued under authority
of 33 CFR 100.912, 33 CFR 100.917, and
5 U.S.C. 552(a). In order to ensure the
safety of spectators and transiting
vessels, these regulated areas will be in
effect for the duration of the events. In
the event that these regulated areas
affect shipping, commercial vessels may
request permission from the Captain of
the Port or the Coast Guard Patrol
Commander to transit through the
regulated area. Requests must be made
in advance and approved by the Captain
of Port or the Coast Guard Patrol
Commander before transits will be
authorized. The Captain of the Port or
the Coast Guard Patrol Commander may
be contacted via U.S. Coast Guard
Sector Detroit on channel 16, VHF–FM.
The Coast Guard will give notice to the
public via a Broadcast to Mariners that
the regulation is in effect.
erowe on PROD1PC64 with RULES
SUPPLEMENTARY INFORMATION:
Dated: August 25, 2008.
F.M. Midgette,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. E8–20308 Filed 8–29–08; 8:45 am]
BILLING CODE 4910–15–P
VerDate Aug<31>2005
13:28 Aug 29, 2008
Jkt 214001
[EPA–R08–OAR–2008–0340; FRL–8700–7]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Utah; Revised Transportation
Conformity Consultation Process, and
Approval of Related Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action approving State Implementation
Plan (SIP) revisions submitted by the
State of Utah on June 26, 2007 and April
17, 2008. The June 26, 2007 revision
updates Section XII of the Utah SIP and
Rule R307–110–20 of the Utah
Administrative Code (UAC) to meet the
federal transportation conformity
consultation requirements. The
amended Rule R307–110–20
incorporates by reference Section XII,
‘‘Transportation Conformity
Consultation,’’ of the SIP. The April 17,
2008 revision makes minor changes to
sections R307–101–2 ‘‘Definitions,’’
R307–115–1 ‘‘Determining Conformity,’’
R307–170–7 ‘‘Performance Specification
Audits,’’ and R307–310–2,
‘‘Definitions,’’ and adds R307–101–3
‘‘Version of CFR Incorporated by
Reference.’’ EPA is approving the SIP
revisions submitted by the State of Utah
on June 26, 2007 and April 17, 2008.
This action is being taken under section
110 of the Clean Air Act.
DATES: This rule is effective on
November 3, 2008 without further
notice, unless EPA receives adverse
comment by October 2, 2008. If adverse
comment is received, EPA will publish
a timely withdrawal of the direct final
rule in the Federal Register informing
the public that the rule will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2008–0340, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: videtich.callie@epa.gov and
kimes.jeffrey@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Callie A. Videtich, Director,
Air Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129.
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
• Hand Delivery: Callie A. Videtich,
Director, Air Program, Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. Such
deliveries are only accepted Monday
through Friday, 8 a.m. to 4:30 p.m.,
excluding Federal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2008–
0340. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA, without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center home page at https://
www.epa.gov/epahome/dockets.htm.
For additional instructions on
submitting comments, go to Section I.
General Information of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket
are listed in the https://
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
E:\FR\FM\02SER1.SGM
02SER1
Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Rules and Regulations
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. 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:
Jeffery Kimes, Air Program,
Environmental Protection Agency
(EPA), Mailcode 8P–AR, 1595 Wynkoop
Street, Denver, Colorado 80202–1129,
phone (303) 312–6445, and e-mail at:
kimes.jeffrey@epa.gov.
SUPPLEMENTARY 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 or Utah mean the
State of Utah, unless the context
indicates otherwise.
Table of Contents
I. General Information
II. What Is the Purpose of This Action?
III. What Is the State Process To Submit
These Materials to EPA?
IV. EPA’s Evaluation of the State of Utah’s
June 26, 2007 Submittal
V. EPA’s Evaluation of the State of Utah’s
April 17, 2008 Submittal
VI. Consideration of Section 110(l) of the
Clean Air Act
VII. Final Action
VIII. Statutory and Executive Order Reviews
I. General Information
erowe on PROD1PC64 with RULES
A. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through https://
regulations.gov or e-mail. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
VerDate Aug<31>2005
13:28 Aug 29, 2008
Jkt 214001
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
a. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
b. Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
c. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
d. Describe any assumptions and
provide any technical information and/
or data that you used.
e. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
f. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
g. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
h. Make sure to submit your
comments by the comment period
deadline identified.
II. What Is the Purpose of This Action?
EPA is approving revisions to Section
XII, ‘‘Transportation Conformity
Consultation,’’ of the Utah SIP, and to
Rule R307–110–20 (incorporating by
reference Section XII) of the Utah
Administrative Code. Section XII of the
Utah SIP, ‘‘Transportation Conformity
Consultation,’’ addresses the
requirements of 42 U.S.C. 7506 and 40
CFR 51.390(b) to formalize the
consultation process and to ensure early
coordination and negotiation among all
parties affected by transportation
conformity. By approving these
provisions, EPA is making them part of
the federally enforceable state
implementation plan for Utah under the
Clean Air Act (CAA).
In addition, EPA is approving minor
revisions to sections R307–101–2,
‘‘Definitions;’’ R307–115–1,
‘‘Determining Conformity;’’ R307–170–
7, ‘‘Performance Specification Audits;’’
and R307–310–2, ‘‘Definitions;’’ these
minor revisions change the date of a
cross referenced technical source and
remove the dates of various CFR and
Federal Register references and replace
them with a reference to new R307–
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
51223
101–3, which references the July 1, 2007
version of the CFR. EPA is also
approving R307–101–3, ‘‘Version of CFR
Incorporated by Reference.’’ By
approving these provisions, EPA is
making them part of the federally
enforceable state implementation plan
for Utah under the Clean Air Act (CAA).
III. What Is the State Process To Submit
SIP Revisions to EPA?
Section 110(k) of the CAA addresses
our actions on submissions of revisions
to a SIP. The CAA requires States to
observe certain procedural requirements
in developing SIP revisions for
submittal to EPA. Section 110(a)(2) of
the CAA requires that each SIP revision
be adopted after reasonable notice and
public hearing. This action must occur
prior to the revision being submitted by
a State to EPA.
The Utah Air Quality Board (UAQB)
held a public hearing on March 15, 2007
for the revision to Section XII of the
Utah SIP, and Rule R307–110–20 of the
UAC. These revisions to the State SIP
were adopted by the UAQB on May 2,
2007, and were submitted by the
Governor to EPA on June 26, 2007. Rule
R307–110–20 became effective on May
2, 2007.
While the UAQB held a public
comment period from November 14,
2007 to December 31, 2007 on minor
revisions to R307–101–2, R307–115–1,
R307–170–7, and R307–310–2, and the
addition of R307–101–3, no comments
were received and a public hearing was
not requested. These revisions to the
State SIP were adopted by the UAQB on
February 6, 2008, and were submitted
by the Governor to EPA on April 17,
2008. These revisions became effective
on February 8, 2008.
IV. EPA’s Evaluation of the State of
Utah June 26, 2007 Submittal
EPA has reviewed the revised State of
Utah Conformity Transportation
Consultation SIP (Conformity SIP)
submitted on June 26, 2007 and finds
that approval is warranted. The
following is a summary of the key
aspects of the SIP and our evaluation of
each:
A. We reviewed the submittal to
assure consistency with our conformity
regulations at 40 CFR 51.390(b), which
were revised on January 24, 2008, 73 FR
4438. We also consulted the February
14, 2006, ‘‘Interim Guidance for
Implementing the Transportation
Conformity provisions in the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU)’’. The guidance
document can be found at https://
epa.gov/otaq/stateresources/transconf/
E:\FR\FM\02SER1.SGM
02SER1
erowe on PROD1PC64 with RULES
51224
Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Rules and Regulations
policy.htm. Forty CFR part 51.390(b)
establishes the requirements for
conformity consultation SIPs. It
provides that each state is required to
address three specific sections of the
EPA Conformity Rules found at 40 CFR
part 93. The provisions required are: 40
CFR 93.105 (consultation procedures);
40 CFR 93.122(a)(4)(ii) (certain control
measures); and 40 CFR 93.125(c)
(mitigation measures).
i. 40 CFR 93.105, ‘‘Consultation,’’
requires the transportation conformity
SIP to include procedures for
interagency consultation, resolution of
conflicts, and public consultation.
Utah’s revised Conformity SIP
establishes the Interagency Consultation
Team (ICT). The ICT consists of the
Utah Division of Air Quality (UDAQ),
all Utah metropolitan planning
organizations (MPOs) located in
designated non-attainment and
maintenance areas, Utah Department of
Transportation (UDOT), Utah public
transit agencies, Federal Highway
Administration (FHWA), Federal
Transit Administration (FTA), and EPA.
The revision establishes and outlines
the specific roles and responsibilities of
each of the members of the ICT. It also
describes the interagency collaboration,
consultation, and planning process. The
SIP addresses SIP development,
transportation planning and specific
sub-processes such as emission and
traffic modeling, project planning and
changes, conformity triggers, and
responsibility for conformity in donut
areas (those areas within nonattainment
and maintenance areas that are not
included within any MPO boundaries).
The revised Conformity SIP also
includes procedures for resolving
conformity-related disputes and
including the public in the
transportation conformity process.
ii. 40 CFR 93.122(a)(4)(ii) requires the
conformity implementation plan
revision to provide that written
commitments to control measures that
are not included in the transportation
plan and TIP must be obtained prior to
a conformity determination and that
such commitments must be fulfilled.
The revised Conformity SIP meets this
requirement.
iii. 40 CFR 93.125 relates to the
enforceability of a transportation project
design concept and scope and projectlevel mitigation and control measures.
40 CFR 93.125(c) requires that written
commitments to mitigation measures
must be obtained prior to a positive
conformity determination and that
project sponsors must comply with such
commitments. Utah has included these
requirements in the revised Conformity
SIP.
VerDate Aug<31>2005
13:28 Aug 29, 2008
Jkt 214001
V. EPA’s Evaluation of the State of Utah
April 17, 2008 Submittal
EPA has reviewed the revisions to
sections R307–101–2, ‘‘Definitions;’’
R307–115–1, ‘‘Determining
Conformity;’’ R307–170–7,
‘‘Performance Specification Audits;’’
and R307–310–2, ‘‘Definitions.’’ EPA
has also reviewed new R307–101–3,
‘‘Version of CFR Incorporated by
Reference;’’ EPA finds that approval of
these SIP revisions is warranted. EPA’s
description of the revisions submitted
April 17, 2008 follows:
A. Minor definition changes
i. Changes to R307–101–2,
‘‘Definitions.’’ The State added the
acronym ‘‘ACGIH’’ for the American
Conference of Government Industrial
Hygienists, changed the reference date
for an ACGIH publication from 2000 to
2007, added the acronym ‘‘VOC’’ for
Volatile Organic Compound, and
removed reference dates for 40 CFR
51.100(s)(1), which defines VOC, and
replaced them with a reference to R307–
101–3, which references the July 1, 2007
version of the CFR.
B. Removal of citations to various
specific volumes of the Federal Register
and CFR and replacement with a
reference to new R307–101–3, which
references the July 1, 2007 version of the
CFR.
i. In addition to R307–101–2,
‘‘Definitions,’’ discussed above, R307–
115–1, ‘‘Determining Conformity,’’
R307–170–7, ‘‘Performance
Specification Audits,’’ and R307–310–2,
‘‘Definitions,’’ each incorporated by
reference or cross-referenced specific
EPA regulations by citing various
volumes of the Federal Register of CFR.
Utah replaced these disparate citations
with a cross-reference to new R307–
101–3, which in turn references the July
1, 2007 version of the CFR. This change
will simplify future changes to the SIP
to incorporate by reference or crossreference future version of EPA’s
regulations.
VI. Consideration of Section 110(l) of
the Clean Air Act
Section 110(l) of the CAA states that
a SIP revision cannot be approved if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress towards attainment of a
National Ambient Air Quality Standard
(NAAQS) or any other applicable
requirement of the CAA. These
revisions will not interfere with
attainment, reasonable further progress,
or any other applicable requirement of
the CAA.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
VII. Final Action
EPA is approving, through direct final
rulemaking, the revision to Section XII,
‘‘Transportation Conformity
Consultation,’’ of the Utah SIP, and to
Rule R307–110–20 (which incorporates
Section XII) of the Utah Administrative
Code, to reflect that the State has
adequately addressed the required
elements of 42 U.S.C. 7506 and 40 CFR
51.390(b). These revisions were adopted
on May 2, 2007, and were submitted to
EPA on June 26, 2007. Rule 307–110–20
became effective on May 2, 2007.
In addition, EPA is approving
revisions to sections R307–101–2,
‘‘Definitions;’’ R307–115–1,
‘‘Determining Conformity;’’ R307–170–
7, ‘‘Performance Specification Audits;’’
and R307–310–2, ‘‘Definitions.’’ EPA is
also approving the addition of R307–
101–3, ‘‘Version of CFR Incorporated by
Reference.’’ These revisions were
adopted on February 6, 2008, and were
submitted to EPA on April 17, 2008.
These revisions became effective on
February 8, 2008. These revisions are
minor and do not affect the adequacy of
the SIP.
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the Proposed
Rules section of today’s Federal
Register publication, EPA is publishing
a separate document that will serve as
the proposal to approve the SIP revision
if adverse comments are filed. This rule
will be effective November 3, 2008
without further notice unless the
Agency receives adverse comments by
October 2, 2008. If the EPA receives
adverse comments, EPA will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect. EPA will
address all public comments in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
this action. Any parties interested in
commenting must do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
VIII. Statutory and Executive Order
Review
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
E:\FR\FM\02SER1.SGM
02SER1
erowe on PROD1PC64 with RULES
Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Rules and Regulations
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 approves a state rule
implementing a Federal standard.
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
VerDate Aug<31>2005
13:28 Aug 29, 2008
Jkt 214001
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. section 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
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. section 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 November 3,
2008. 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, Conformity,
Incorporation by reference,
Intergovernmental relations,
Transportation plan, Transportation
Improvement Program, Volatile organic
compounds.
Dated: July 25, 2008.
Judith Wong,
Acting Deputy Regional Administrator,
Region 8.
40 CFR part 52 is amended to read as
follows:
I
Subpart TT—Utah
2. Section 52.2320 is amended by
adding paragraphs (c)(66) and (c)(67) to
read as follows:
I
§ 52.2320
Identification of plan.
*
*
*
*
*
(c) * * *
(66) Revisions to the Utah State
Implementation Plan, ‘‘Section XII,
Transportation Conformity
Consultation,’’ as submitted by the
Governor on June 26, 2007; and
revisions to UAC R307–110–20,
‘‘Section XII, Transportation Conformity
Consultation,’’ as submitted by the
Governor on June 26, 2007.
(i) Incorporation by Reference.
(A) UAC R307–110–20, ‘‘Section XII,
Transportation Conformity
Consultation,’’ as adopted by the Utah
Air Quality Board on May 2, 2007,
effective on May 2, 2007.
(67) Revisions to the Utah State
Implementation Plan, Sections R307–
101–2, ‘‘Definitions,’’ R307–115–1,
‘‘Determining Conformity,’’ R307–170–
7, ‘‘Performance Specification Audits,’’
R307–310–2, ‘‘Definitions,’’ and R307–
101–3, ‘‘Version of CFR Incorporated by
Reference,’’ as submitted by the
Governor on April 17, 2008.
(i) Incorporation by Reference.
(A) UAC R307–101–2, ‘‘Definitions,’’
as adopted by the Utah Air Quality
Board on February 6, 2008, effective on
February 8, 2008.
(B) UAC R307–115–1, ‘‘Determining
Conformity,’’ as adopted by the Utah Air
Quality Board on February 6, 2008,
effective on February 8, 2008.
(C) UAC R307–170–7, ‘‘Performance
Specification Audits,’’ as by the Utah
Air Quality Board adopted on February
6, 2008, effective on February 8, 2008.
(D) UAC R307–310–2, ‘‘Definitions,’’
as adopted by the Utah Air Quality
Board on February 6, 2008, effective on
February 8, 2008.
(E) UAC R307–101–3, ‘‘Version of
CFR Incorporated by Reference,’’ as
adopted by the Utah Air Quality Board
on February 6, 2008, effective on
February 8, 2008.
[FR Doc. E8–20139 Filed 8–29–08; 8:45 am]
BILLING CODE 6560–50–P
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
51225
E:\FR\FM\02SER1.SGM
02SER1
Agencies
[Federal Register Volume 73, Number 170 (Tuesday, September 2, 2008)]
[Rules and Regulations]
[Pages 51222-51225]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20139]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2008-0340; FRL-8700-7]
Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; Revised Transportation Conformity Consultation Process,
and Approval of Related Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action approving State
Implementation Plan (SIP) revisions submitted by the State of Utah on
June 26, 2007 and April 17, 2008. The June 26, 2007 revision updates
Section XII of the Utah SIP and Rule R307-110-20 of the Utah
Administrative Code (UAC) to meet the federal transportation conformity
consultation requirements. The amended Rule R307-110-20 incorporates by
reference Section XII, ``Transportation Conformity Consultation,'' of
the SIP. The April 17, 2008 revision makes minor changes to sections
R307-101-2 ``Definitions,'' R307-115-1 ``Determining Conformity,''
R307-170-7 ``Performance Specification Audits,'' and R307-310-2,
``Definitions,'' and adds R307-101-3 ``Version of CFR Incorporated by
Reference.'' EPA is approving the SIP revisions submitted by the State
of Utah on June 26, 2007 and April 17, 2008. This action is being taken
under section 110 of the Clean Air Act.
DATES: This rule is effective on November 3, 2008 without further
notice, unless EPA receives adverse comment by October 2, 2008. If
adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2008-0340, by one of the following methods:
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: videtich.callie@epa.gov and kimes.jeffrey@epa.gov.
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Callie A. Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129.
Hand Delivery: Callie A. Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only
accepted Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2008-0340. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://
www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA, without
going through https://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center home page at https://www.epa.gov/
epahome/dockets.htm. For additional instructions on submitting
comments, go to Section I. General Information of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: All documents in the docket are listed in the https://
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
[[Page 51223]]
materials are available either electronically in https://
www.regulations.gov or in hard copy at the Air Program, Environmental
Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202-1129. 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: Jeffery Kimes, Air Program,
Environmental Protection Agency (EPA), Mailcode 8P-AR, 1595 Wynkoop
Street, Denver, Colorado 80202-1129, phone (303) 312-6445, and e-mail
at: kimes.jeffrey@epa.gov.
SUPPLEMENTARY 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 or Utah mean the State of Utah, unless the
context indicates otherwise.
Table of Contents
I. General Information
II. What Is the Purpose of This Action?
III. What Is the State Process To Submit These Materials to EPA?
IV. EPA's Evaluation of the State of Utah's June 26, 2007 Submittal
V. EPA's Evaluation of the State of Utah's April 17, 2008 Submittal
VI. Consideration of Section 110(l) of the Clean Air Act
VII. Final Action
VIII. Statutory and Executive Order Reviews
I. General Information
A. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
https://regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
h. Make sure to submit your comments by the comment period deadline
identified.
II. What Is the Purpose of This Action?
EPA is approving revisions to Section XII, ``Transportation
Conformity Consultation,'' of the Utah SIP, and to Rule R307-110-20
(incorporating by reference Section XII) of the Utah Administrative
Code. Section XII of the Utah SIP, ``Transportation Conformity
Consultation,'' addresses the requirements of 42 U.S.C. 7506 and 40 CFR
51.390(b) to formalize the consultation process and to ensure early
coordination and negotiation among all parties affected by
transportation conformity. By approving these provisions, EPA is making
them part of the federally enforceable state implementation plan for
Utah under the Clean Air Act (CAA).
In addition, EPA is approving minor revisions to sections R307-101-
2, ``Definitions;'' R307-115-1, ``Determining Conformity;'' R307-170-7,
``Performance Specification Audits;'' and R307-310-2, ``Definitions;''
these minor revisions change the date of a cross referenced technical
source and remove the dates of various CFR and Federal Register
references and replace them with a reference to new R307-101-3, which
references the July 1, 2007 version of the CFR. EPA is also approving
R307-101-3, ``Version of CFR Incorporated by Reference.'' By approving
these provisions, EPA is making them part of the federally enforceable
state implementation plan for Utah under the Clean Air Act (CAA).
III. What Is the State Process To Submit SIP Revisions to EPA?
Section 110(k) of the CAA addresses our actions on submissions of
revisions to a SIP. The CAA requires States to observe certain
procedural requirements in developing SIP revisions for submittal to
EPA. Section 110(a)(2) of the CAA requires that each SIP revision be
adopted after reasonable notice and public hearing. This action must
occur prior to the revision being submitted by a State to EPA.
The Utah Air Quality Board (UAQB) held a public hearing on March
15, 2007 for the revision to Section XII of the Utah SIP, and Rule
R307-110-20 of the UAC. These revisions to the State SIP were adopted
by the UAQB on May 2, 2007, and were submitted by the Governor to EPA
on June 26, 2007. Rule R307-110-20 became effective on May 2, 2007.
While the UAQB held a public comment period from November 14, 2007
to December 31, 2007 on minor revisions to R307-101-2, R307-115-1,
R307-170-7, and R307-310-2, and the addition of R307-101-3, no comments
were received and a public hearing was not requested. These revisions
to the State SIP were adopted by the UAQB on February 6, 2008, and were
submitted by the Governor to EPA on April 17, 2008. These revisions
became effective on February 8, 2008.
IV. EPA's Evaluation of the State of Utah June 26, 2007 Submittal
EPA has reviewed the revised State of Utah Conformity
Transportation Consultation SIP (Conformity SIP) submitted on June 26,
2007 and finds that approval is warranted. The following is a summary
of the key aspects of the SIP and our evaluation of each:
A. We reviewed the submittal to assure consistency with our
conformity regulations at 40 CFR 51.390(b), which were revised on
January 24, 2008, 73 FR 4438. We also consulted the February 14, 2006,
``Interim Guidance for Implementing the Transportation Conformity
provisions in the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU)''. The guidance document
can be found at https://epa.gov/otaq/stateresources/transconf/
[[Page 51224]]
policy.htm. Forty CFR part 51.390(b) establishes the requirements for
conformity consultation SIPs. It provides that each state is required
to address three specific sections of the EPA Conformity Rules found at
40 CFR part 93. The provisions required are: 40 CFR 93.105
(consultation procedures); 40 CFR 93.122(a)(4)(ii) (certain control
measures); and 40 CFR 93.125(c) (mitigation measures).
i. 40 CFR 93.105, ``Consultation,'' requires the transportation
conformity SIP to include procedures for interagency consultation,
resolution of conflicts, and public consultation. Utah's revised
Conformity SIP establishes the Interagency Consultation Team (ICT). The
ICT consists of the Utah Division of Air Quality (UDAQ), all Utah
metropolitan planning organizations (MPOs) located in designated non-
attainment and maintenance areas, Utah Department of Transportation
(UDOT), Utah public transit agencies, Federal Highway Administration
(FHWA), Federal Transit Administration (FTA), and EPA. The revision
establishes and outlines the specific roles and responsibilities of
each of the members of the ICT. It also describes the interagency
collaboration, consultation, and planning process. The SIP addresses
SIP development, transportation planning and specific sub-processes
such as emission and traffic modeling, project planning and changes,
conformity triggers, and responsibility for conformity in donut areas
(those areas within nonattainment and maintenance areas that are not
included within any MPO boundaries).
The revised Conformity SIP also includes procedures for resolving
conformity-related disputes and including the public in the
transportation conformity process.
ii. 40 CFR 93.122(a)(4)(ii) requires the conformity implementation
plan revision to provide that written commitments to control measures
that are not included in the transportation plan and TIP must be
obtained prior to a conformity determination and that such commitments
must be fulfilled. The revised Conformity SIP meets this requirement.
iii. 40 CFR 93.125 relates to the enforceability of a
transportation project design concept and scope and project-level
mitigation and control measures. 40 CFR 93.125(c) requires that written
commitments to mitigation measures must be obtained prior to a positive
conformity determination and that project sponsors must comply with
such commitments. Utah has included these requirements in the revised
Conformity SIP.
V. EPA's Evaluation of the State of Utah April 17, 2008 Submittal
EPA has reviewed the revisions to sections R307-101-2,
``Definitions;'' R307-115-1, ``Determining Conformity;'' R307-170-7,
``Performance Specification Audits;'' and R307-310-2, ``Definitions.''
EPA has also reviewed new R307-101-3, ``Version of CFR Incorporated by
Reference;'' EPA finds that approval of these SIP revisions is
warranted. EPA's description of the revisions submitted April 17, 2008
follows:
A. Minor definition changes
i. Changes to R307-101-2, ``Definitions.'' The State added the
acronym ``ACGIH'' for the American Conference of Government Industrial
Hygienists, changed the reference date for an ACGIH publication from
2000 to 2007, added the acronym ``VOC'' for Volatile Organic Compound,
and removed reference dates for 40 CFR 51.100(s)(1), which defines VOC,
and replaced them with a reference to R307-101-3, which references the
July 1, 2007 version of the CFR.
B. Removal of citations to various specific volumes of the Federal
Register and CFR and replacement with a reference to new R307-101-3,
which references the July 1, 2007 version of the CFR.
i. In addition to R307-101-2, ``Definitions,'' discussed above,
R307-115-1, ``Determining Conformity,'' R307-170-7, ``Performance
Specification Audits,'' and R307-310-2, ``Definitions,'' each
incorporated by reference or cross-referenced specific EPA regulations
by citing various volumes of the Federal Register of CFR. Utah replaced
these disparate citations with a cross-reference to new R307-101-3,
which in turn references the July 1, 2007 version of the CFR. This
change will simplify future changes to the SIP to incorporate by
reference or cross-reference future version of EPA's regulations.
VI. Consideration of Section 110(l) of the Clean Air Act
Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a National Ambient Air Quality Standard (NAAQS)
or any other applicable requirement of the CAA. These revisions will
not interfere with attainment, reasonable further progress, or any
other applicable requirement of the CAA.
VII. Final Action
EPA is approving, through direct final rulemaking, the revision to
Section XII, ``Transportation Conformity Consultation,'' of the Utah
SIP, and to Rule R307-110-20 (which incorporates Section XII) of the
Utah Administrative Code, to reflect that the State has adequately
addressed the required elements of 42 U.S.C. 7506 and 40 CFR 51.390(b).
These revisions were adopted on May 2, 2007, and were submitted to EPA
on June 26, 2007. Rule 307-110-20 became effective on May 2, 2007.
In addition, EPA is approving revisions to sections R307-101-2,
``Definitions;'' R307-115-1, ``Determining Conformity;'' R307-170-7,
``Performance Specification Audits;'' and R307-310-2, ``Definitions.''
EPA is also approving the addition of R307-101-3, ``Version of CFR
Incorporated by Reference.'' These revisions were adopted on February
6, 2008, and were submitted to EPA on April 17, 2008. These revisions
became effective on February 8, 2008. These revisions are minor and do
not affect the adequacy of the SIP.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the Proposed Rules section of today's
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective November 3, 2008
without further notice unless the Agency receives adverse comments by
October 2, 2008. If the EPA receives adverse comments, EPA will publish
a timely withdrawal in the Federal Register informing the public that
the rule will not take effect. EPA will address all public comments in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
VIII. Statutory and Executive Order Review
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
[[Page 51225]]
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 approves a state rule
implementing a Federal standard.
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. section 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
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.
section 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 November 3, 2008. 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, Conformity,
Incorporation by reference, Intergovernmental relations, Transportation
plan, Transportation Improvement Program, Volatile organic compounds.
Dated: July 25, 2008.
Judith Wong,
Acting Deputy Regional Administrator, Region 8.
0
40 CFR part 52 is amended to read 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 paragraphs (c)(66) and (c)(67)
to read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
(66) Revisions to the Utah State Implementation Plan, ``Section
XII, Transportation Conformity Consultation,'' as submitted by the
Governor on June 26, 2007; and revisions to UAC R307-110-20, ``Section
XII, Transportation Conformity Consultation,'' as submitted by the
Governor on June 26, 2007.
(i) Incorporation by Reference.
(A) UAC R307-110-20, ``Section XII, Transportation Conformity
Consultation,'' as adopted by the Utah Air Quality Board on May 2,
2007, effective on May 2, 2007.
(67) Revisions to the Utah State Implementation Plan, Sections
R307-101-2, ``Definitions,'' R307-115-1, ``Determining Conformity,''
R307-170-7, ``Performance Specification Audits,'' R307-310-2,
``Definitions,'' and R307-101-3, ``Version of CFR Incorporated by
Reference,'' as submitted by the Governor on April 17, 2008.
(i) Incorporation by Reference.
(A) UAC R307-101-2, ``Definitions,'' as adopted by the Utah Air
Quality Board on February 6, 2008, effective on February 8, 2008.
(B) UAC R307-115-1, ``Determining Conformity,'' as adopted by the
Utah Air Quality Board on February 6, 2008, effective on February 8,
2008.
(C) UAC R307-170-7, ``Performance Specification Audits,'' as by the
Utah Air Quality Board adopted on February 6, 2008, effective on
February 8, 2008.
(D) UAC R307-310-2, ``Definitions,'' as adopted by the Utah Air
Quality Board on February 6, 2008, effective on February 8, 2008.
(E) UAC R307-101-3, ``Version of CFR Incorporated by Reference,''
as adopted by the Utah Air Quality Board on February 6, 2008, effective
on February 8, 2008.
[FR Doc. E8-20139 Filed 8-29-08; 8:45 am]
BILLING CODE 6560-50-P