Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Motor Vehicle Inspection and Maintenance and Associated Revisions, 54237-54242 [2015-22594]
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Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations
693–4040. Presently, the bridge opens
on signal for the passage of vessels in
accordance with 33 CFR 117.5.
The bridge has a vertical clearance of
2.4 feet above mean high water,
elevation 3.0 feet National Geodetic
Vertical Datum (NGVD) in the closed-tonavigation position and 73 feet above
mean high water in the open-tonavigation position. Navigation on the
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known waterway users, it has been
determined that this restriction will not
have a significant effect on vessels using
the waterway. An alternate route is
available via the Company Canal at
Lockport, LA.
In accordance with 33 CFR 117.35,
the bridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
ENVIRONMENTAL PROTECTION
AGENCY
This final rule is effective
October 9, 2015.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2014–0370. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., 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 through
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 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, 8:00 a.m. to 4:00 p.m., excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT: Tim
Russ, Air Program, EPA, Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6479, russ.tim@epa.gov.
SUPPLEMENTARY INFORMATION:
40 CFR Part 52
Table of Contents
[EPA–R08–OAR–2014–0370; FRL–9930–71–
Region 8]
I. Background
II. What was the State’s process?
III. EPA’s Evaluation of the State’s Revisions
to Section X, Vehicle Inspection and
Maintenance Program, Part A, General
Requirements and Applicability
IV. EPA’s Evaluation of the State’s Revisions
to Section X, Vehicle Inspection and
Maintenance Program, Part F, Cache
County
V. EPA’s Evaluation of the State’s Associated
Revisions to Utah Rules R307–110–1,
R307–110–31, and R307–110–36
VI. Consideration of Section 110(l) of the
Clean Air Act
VII. Final Action
VIII. Incorporation by Reference
IX. Statutory and Executive Order Reviews
Dated: September 2, 2015.
David M. Frank,
Bridge Administrator, Eighth Coast Guard
District.
[FR Doc. 2015–22513 Filed 9–8–15; 8:45 am]
BILLING CODE 9110–04–P
Approval and Promulgation of Air
Quality Implementation Plans; State of
Utah; Motor Vehicle Inspection and
Maintenance and Associated
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Utah on
January 10, 2013 and January 28, 2014.
The revisions involve amendments to
Section X, Vehicle Inspection and
Maintenance Program, Part A, General
Requirements and Applicability; the
addition of Section X, Vehicle
Inspection and Maintenance Program,
Part F, Cache County; and revisions to
Utah Administrative Rules R307–110–1,
R307–110–31, and R307–110–36. EPA is
approving these SIP revisions in
accordance with the requirements of
section 110 of the Clean Air Act (CAA).
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SUMMARY:
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DATES:
I. Background
A. Utah’s Revisions to SIP Section X,
Vehicle Inspection and Maintenance
Program, Part A, General Requirements
and Applicability
Section X of the Utah SIP addresses
the provisions and requirements for the
motor vehicle inspection and
maintenance (I/M) programs that are
administered by five counties in Utah.
Section X of the SIP is divided into six
subparts ‘‘A’’ through ‘‘F’’; Part A
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addresses general requirements and
applicability provisions that are
common to each of the counties’ I/M
programs, Part B is the Davis County
vehicle I/M program, Part C is the Salt
Lake County vehicle I/M program, Part
D is the Utah County vehicle I/M
program, Part E is the Weber County
vehicle I/M program, and Part F is the
Cache County vehicle I/M program.
Section X, Part A is entitled ‘‘Vehicle
Inspection and Maintenance Program,
General Requirements and
Applicability.’’ The current version of
Part A, last approved by EPA on
November 2, 2005 (70 FR 66264),
provides a discussion of the federal I/M
requirements, the aspects of On-Board
Diagnostics (OBD) tests, a brief history
of the Utah I/M program and the state’s
general authority and general
information regarding the applicability
of the Utah SIP to such I/M program
aspects as test frequency, enforcement,
vehicle registration, and change in
vehicle ownership. Although
duplicative, each of the four counties’
existing I/M programs, found in Parts B,
C, D, and E to Section X, contained very
similar language as provided in Part A.
By a letter dated January 10, 2013, the
Governor of Utah submitted a revision
to Section X, Part A that updates and
expands Part A to contain the relevant
brief history of the Utah I/M program,
the state’s general authority, additional
language on test types, general public
information, general enforcement
provisions which are relevant to the
four counties implementing an existing
I/M program, and the new I/M program
in Cache County. As Part A is applicable
to all five of the counties’ I/M programs,
this allows the removal of the
duplicative general language in existing
Section X and allows the consolidation
of the common information and
provisions in each counties’ I/M
program into Part A. Each of the
counties’ I/M programs contained in
Section X, Parts B through F will then
reference Part A.
B. Utah’s Revisions to SIP section X,
Vehicle Inspection and Maintenance
Program, To Add Part F, Cache County
On November 13, 2009 (74 FR 58688),
EPA designated a portion of Cache
County, Utah as nonattainment for the
2006 PM2.5 1 24-hour national ambient
air quality standard (NAAQS). The
Cache County portion includes the city
of Logan, Utah. The nonattainment area,
which also includes portions of
1 PM
2.5 is Particulate Matter less than or equal to
2.5 microns in diameter.
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Franklin County, Idaho, is identified by
EPA as ‘‘Logan—UT/ID.’’
Through the course of the
development of a dispersion modeled
attainment demonstration for Utah’s
attainment plan, a motor vehicle I/M
program was identified by the state as
a reasonable control strategy to achieve
reductions of PM2.5 precursor emissions
of nitrogen oxides (NOX) and volatile
organic compounds (VOC) necessary to
support the SIP attainment
demonstration for the Cache County
portion of the Logan–UT/ID 2006 PM2.5
24-hour NAAQS nonattainment area.
EPA notes, however, that under the
applicable subparts of Part D of Title I
of the CAA for PM2.5 attainment plans,
subparts 1 and 4, Cache County’s I/M
program is not a CAA mandatory or
required I/M program and is therefore
not held to the same level of applicable
requirements as found in 40 CFR part
51, subpart S (hereafter ‘‘40 CFR 51,
subpart S’’), I/M program requirements.
As an example, a performance standard
demonstration is not required for the
Cache County I/M program. Part F of
Section X, in conjunction with Section
X, Part A as discussed above, was
instead designed by the County and
state to meet the minimum applicable
I/M provisions and requirements
presented in 40 CFR 51, subpart S. It is
also noted in Part F that although only
a portion of Cache County was
designated as nonattainment for the
2006 PM2.5 24-hour NAAQS, the I/M
program will be implemented Countywide.
By a letter dated January 28, 2014, the
Governor submitted a SIP revision to
add Section X, Part F, for the new motor
vehicle I/M program for Cache County.
As described further below, the Cache
County I/M program was designed with
certain necessary components from 40
CFR 51, subpart S in order to have a
viable I/M program that helps reduce
NOX and VOC precursor emissions of
PM2.5. The I/M program also generates
emission reductions suitable for use in
the PM2.5 attainment demonstration that
was subsequently submitted by Utah to
EPA on December 16, 2014.
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C. Utah’s Revisions to Rules R307–110–
1, R307–110–31, and R307–110–36
The Utah Administrative Code is the
body of all effective administrative rules
as compiled and organized by the Utah
Division of Administrative Rules, Utah
Department of Administrative Services.2
Utah’s Administrative Rules are a
2 For further information and citations to the
relevant Utah statutes that govern rulemaking,
please refer to the Web site of the Division of
Administrative Rules: https://www.rules.utah.gov/
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portion of Utah’s Codified Law. In Utah,
statements written by state agencies
which have the effect of law are called
administrative rules. Unlike state
statutes, which change only when the
Utah Legislature is in session,
administrative rules change throughout
the year. A Utah administrative rule
serves at least two purposes; first, an
enacted administrative rule has the
binding effect of law, and second, an
administrative rule informs citizens of
actions a state government agency will
take or how a state agency will conduct
its business. Under the authority of the
Utah Air Conservation Act as provided
in Utah Code Title 19, Chapter 2, the
Utah Air Quality Board (UAQB) adopts
certain provisions and requirements
into the Utah SIP. Those particular SIP
elements must then be incorporated by
reference into the appropriate section of
the Utah Administrative Rules (hereafter
‘‘Utah Rules’’).
By letters dated January 10, 2013 and
January 28, 2014, the Governor
submitted SIP revisions involving
updates to sections of the R307–110
series air quality Utah Rules. The
Governor’s submittals requested EPA to
approve actions taken by the UAQB that
updated three sections of the Utah Rules
R307–110 series which are entitled
‘‘General Requirements: State
Implementation Plan.’’ The three rules
are:
1. R307–110–1 which incorporates by
reference the Utah SIP into the Utah
Rules and advises the public that the
SIP is available on the Utah Division of
Air Quality (UDAQ) Web site.
2. R307–110–31 which incorporates
by reference Utah SIP Section X,
Vehicle Inspection and Maintenance
Program, Part A, General Requirements
and Applicability.
3. R307–110–36 which incorporates
by reference Utah SIP Section X,
Vehicle Inspection and Maintenance
Program, Part F, Cache County.
D. Proposed rule.
On November 10, 2014, EPA
published a proposed rule in the
Federal Register (see 79 FR 66670) in
which we fully described and proposed
approval of the SIP revisions discussed
above. Our proposed rule provided an
opportunity for public comment
through December 10, 2014. We did not
receive any comments in response to
our November 10, 2014 proposed rule.
II. What was the State’s process?
Section 110(a)(2) of the CAA requires
that a state provide reasonable notice
and public hearing before adopting a
SIP revision and submitting it to us.
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A. The Governor’s January 10, 2013 SIP
Submittal
On October 15, 2012, October 16,
2012, and October 17, 2012 the UAQB
of the Utah Department of
Environmental Quality conducted
public hearings to consider the adoption
of revisions and additions to the Utah
SIP and the appropriate sections of the
Utah Rules. The revisions affecting the
SIP involved SIP Section X, Vehicle
Inspection and Maintenance Program,
Part A, General Requirements and
Applicability; SIP Section X, Vehicle
Inspection and Maintenance Program,
Part F, Cache County; and Utah Rules
R307–110–1, R307–110–31, and R307–
110–36. After reviewing and responding
to comments received before and during
the public hearings, the UAQB adopted
the proposed revisions on December 5,
2012. The SIP and Utah Rule revisions
became state effective on December 6,
2012 and were submitted by the
Governor to EPA by a letter dated
January 10, 2013. By a subsequent letter
dated February 25, 2013, Bryce Bird,
Director, UDAQ submitted the necessary
administrative documentation that
supported the Governor’s submittal.
We evaluated the Governor’s January
10, 2013 submittal for SIP Section X,
Vehicle Inspection and Maintenance
Program, Part A, General Requirements
and Applicability; SIP Section X,
Vehicle Inspection and Maintenance
Program, Part F, Cache County; and
Rules R307–110–1, R307–110–31, and
R307–110–36 and determined that Utah
met the requirements for reasonable
notice and public hearing under section
110(a)(2) of the CAA. By operation of
law under section 110(k)(1)(B) of the
CAA, the Governor’s January 10, 2013
submittal was deemed complete on July
10, 2013.
B. The Governor’s January 28, 2014 SIP
Submittal
On August 7, 2013 the UAQB
proposed for public comment
amendments to the Utah SIP for Section
X, Vehicle Inspection and Maintenance
Program, Part F, Cache County and Utah
Rule R307–110–36. These proposed
revisions superseded and replaced those
previous revisions to the SIP for Section
X, Vehicle Inspection and Maintenance
Program, Part F, Cache County and Utah
Rule R307–110–36 that the Governor
had submitted to EPA with his letter to
EPA dated January 10, 2013. Included
with the state’s administrative
documentation for these SIP and Rule
revisions were letters dated October 23,
2013 and October 24, 2013 from Bryce
Bird, Director, UDAQ, to the UAQB.
Both of these letters indicated that a
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public comment period was held from
September 1 through October 1, 2013,
regarding the proposed Cache County I/
M program (ref. October 24, 2013 letter)
and Utah Rule R307–110–36 (ref.
October 23, 2013 letter) revisions, and
that no public comments were received
and no public hearings were requested.
In consideration of these two letters, the
UAQB subsequently adopted the
proposed revisions on November 6,
2013. The SIP and Rule revisions
became State effective on November 7,
2013, and were submitted by the
Governor to EPA by a letter dated
January 28, 2014. By a subsequent letter
dated February 4, 2014, Bryce Bird,
Director, UDAQ submitted the necessary
administrative documentation that
supported the Governor’s submittal.
We evaluated Utah’s January 28, 2014
submittal and determined that the State
met the requirements for reasonable
notice and public hearing under section
110(a)(2) of the CAA. By a letter dated
June 30, 2014, we advised the Governor
that the SIP and Rule revisions
submittal was deemed to have met the
minimum ‘‘completeness’’ criteria
found in 40 CFR part 51, Appendix V.
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III. EPA’s Evaluation of the State’s
Revisions to Section X, Vehicle
Inspection and Maintenance Program,
Part A, General Requirements and
Applicability
As noted in section I of this action,
Section X of the Utah SIP addresses the
provisions and requirements for the
motor vehicle I/M programs
administered by five counties in Utah.
Section X of the SIP is divided into six
subparts, ‘‘A’’ through ‘‘F,’’ with Part A
addressing general requirements and
applicability provisions that are
common to each of the counties’ I/M
programs. Section X, Part A is entitled
‘‘Vehicle Inspection and Maintenance
Program, General Requirements and
Applicability,’’ and its current
provisions and requirements, as
updated by the Governor’s SIP submittal
of January 10, 2013, are discussed
below:
A. Utah SIP Section X, Part A:
‘‘Requirements.’’
We provided a full analysis of the
revisions to this section of the SIP in our
proposed rule of November 10, 2014 (79
FR 66670). For the specific discussion,
the reader is directed to section IV of
our proposed rule which is entitled ‘‘IV.
EPA’s Evaluation of the State’s
Revisions to Section X, Vehicle
Inspection and Maintenance Program,
Part A, General Requirements and
Applicability.’’ Please see page 79 FR
66672.
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B. Utah SIP Section X, Part A: ‘‘General
Applicability.’’
We provided a full analysis of the
revisions to this section of the SIP in our
proposed rule of November 10, 2014 (79
FR 66670). For the specific discussion,
the reader is directed to section IV of
our proposed rule which entitled ‘‘IV.
EPA’s Evaluation of the State’s
Revisions to Section X, Vehicle
Inspection and Maintenance Program,
Part A, General Requirements and
Applicability.’’ Please see pages 79 FR
66672 and 66673.
C. Utah SIP Section X, Part A: ‘‘General
Summary.’’
We provided a full analysis of the
revisions to this section of the SIP in our
proposed rule of November 10, 2014 (79
FR 66670). For the specific discussion,
the reader is directed to section IV of
our proposed rule which entitled ‘‘IV.
EPA’s Evaluation of the State’s
Revisions to Section X, Vehicle
Inspection and Maintenance Program,
Part A, General Requirements and
Applicability.’’ Please see page 79 FR
66673.
Based on EPA’s review of Utah’s
revisions to SIP Section X, Vehicle
Inspection and Maintenance Program,
Part A, Requirements, General
Applicability, and General Summary
and in consideration of our full analysis
as provided in our proposed rule of
November 10, 2014 (79 FR 66670), we
have concluded that our approval is
warranted. As noted in our November
10, 2014 proposed rule, this conclusion
incorporates our review of our prior
approval of this section of the SIP (see
70 FR 66264, November 2, 2005) and the
applicable sections of 40 CFR 51,
subpart S (sections 51.350 to 51.373).
We have determined that the revisions
to Section X, Vehicle Inspection and
Maintenance Program, Part A,
Requirements, General Applicability,
and General Summary sufficiently
address the applicable sections of 40
CFR 51, subpart S for these particular
aspects of Utah’s five counties’ I/M
programs. We, therefore, are approving
these revisions to the SIP.
IV. EPA’s Evaluation of the State’s
Revisions to Section X, Vehicle
Inspection and Maintenance Program,
Part F, Cache County
Section X, Part F of the Utah SIP
addresses the provisions and
requirements for the implementation of
the motor vehicle I/M program in Cache
County, Utah. Section X, Part F of the
SIP contains three main components for
the Cache County I/M program: (a.) The
SIP language for Section X Part F that
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54239
addresses applicability, a general
description of the Cache County I/M
program, and the time frame for
implementation of the I/M program; (b.)
the Cache County Emission Inspection/
Maintenance Program Ordinance 2013–
4; and (c.) the Bear River Health
Department’s Regulation 2013–1. We
note that the Cache County Ordinance
2013–4 contains language which
delegates the implementation of the
Cache County I/M program to the Bear
River Health Department (BRHD). All of
the above documents were adopted by
the UAQB on November 6, 2013 and
were included with the Governor’s SIP
submittal of January 28, 2014. The
documents were supplemented by the
February 4, 2014 UDAQ submittal of the
administrative documentation and are
discussed in further detail below.
A. Section X, Vehicle Inspection and
Maintenance Program, Part F, Cache
County; Applicability, Description of the
Cache County I/M Program, and I/M SIP
Implementation
1. Applicability. We provided a full
analysis of the revisions to this section
of the SIP in our proposed rule of
November 10, 2014 (79 FR 66670). For
the specific discussion, the reader is
directed to section V of our proposed
rule which entitled ‘‘V. EPA’s
Evaluation of the State’s Revisions to
Section X, Part F, Cache County Vehicle
Inspection and Maintenance Program.’’
Please see page 79 FR 66674.
2. Description of Cache County I/M
Program. We provided a full analysis of
the revisions to this section of the SIP
in our proposed rule of November 10,
2014 (79 FR 66670). For the specific
discussion, the reader is directed to
section V of our proposed rule which is
entitled ‘‘V. EPA’s Evaluation of the
State’s Revisions to Section X, Part F,
Cache County Vehicle Inspection and
Maintenance Program.’’ Please see page
79 FR 66674. Our evaluation discussed
components of the Cache County’s I/M
program involving such aspects as;
Network Type, Test Convenience,
Subject fleet, Station/inspector Audits,
Waivers, Test frequency, Test
Equipment, and Test Procedures.
3. I/M SIP Implementation. Our
proposed rule of November 10, 2014 (79
FR 66670) noted on page 79 FR 66674
that the SIP states the following to
address I/M implementation: ‘‘The I/M
program ordinance, regulations,
policies, procedures, and activities
specified in this I/M SIP revision shall
be implemented by January 1, 2014 and
shall continue until a maintenance plan
without an I/M program is approved by
EPA in accordance with Section 175 of
the Clean Air Act.’’
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B. Section X, Vehicle Inspection and
Maintenance Program, Part F, Cache
County; Appendix 1, Cache County
Emission Inspection/Maintenance
Program Ordinance 2013–4
We provided a full analysis of the
revisions to this section of the SIP in our
proposed rule of November 10, 2014 (79
FR 66670). For the specific discussion,
the reader is directed to section V of our
proposed rule which is entitled ‘‘V.
EPA’s Evaluation of the State’s
Revisions to Section X, Part F, Cache
County Vehicle Inspection and
Maintenance Program.’’ Please see page
79 FR 66674. Our evaluation discussed
components of the Cache County’s I/M
program involving such aspects as:
Section 1, Purpose; section 2, Powers
and Duties; section 3, General
Provisions; section 4, Guidelines to be
Followed by the Bear River Board of
Health in Implementing a Vehicle
Emission Inspection and Maintenance
Program in Cache County; section 5,
Review of Need for Program; and section
6, Effective Date. Of particular note is
section 2.3, which delegates
implementation of the I/M program to
the BRHD, and section 4, which sets
several of the parameters for BRHD’s
program implementation, including test
schedules, fees, and waivers.
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C. Section X, Vehicle Inspection and
Maintenance Program, Part F, Cache
County; Appendix 2, Bear River Health
Department Regulation 2013–1
This section of the SIP provides the
BRHD’s I/M regulation. The Cache
County I/M program is not a CAA
mandated program and is, therefore,
allotted a certain amount of flexibility in
the level of applicable requirements as
compared to a CAA or otherwise
required mandatory I/M program. The
purpose of the Cache County I/M
program is to achieve reductions in
PM2.5 NAAQS precursor emissions of
NOx and VOCs, to improve air quality,
and to provide emission reductions for
use in a dispersion modeled SIP
attainment demonstration. To facilitate
these objectives, EPA’s analysis of the
BRHD’s Regulation 2013–1 included a
comparison of the BRHD’s Regulation
2013–1 to applicable sections of 40 CFR
51, subpart S ‘‘Inspection/Maintenance
Program Requirements.’’ EPA’s analysis
of the BRHD’s Regulation 2013–1 was
accomplished as described below.
EPA reviewed the BRHD’s Regulation
2013–1 for consistency with appropriate
sections of the federal I/M regulations,
as applicable to a non-mandatory I/M
program, as codified in 40 CFR 51,
subpart S, sections 51.350 through
51.373. We provided a full analysis of
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the revisions to this section of the SIP
in our proposed rule of November 10,
2014 (79 FR 66670). For the specific
discussion, the reader is directed to
section V of our proposed rule which
entitled ‘‘V. EPA’s Evaluation of the
State’s Revisions to Section X, Part F,
Cache County Vehicle Inspection and
Maintenance Program.’’ Please see pages
79 FR 66674 through 66678. Our
evaluation discussed components of
Cache County’s I/M program, with
specific references to the particular
sections of the BRHD’s Regulation
2013–1 and how they appropriately
addressed the applicable federal
requirements including: 40 CFR
51.350—Applicability; 40 CFR 51.351—
Enhanced I/M Performance Standard
and 40 CFR 51.352—Basic I/M
Performance Standard; 40 CFR 51.353—
Network Type; 40 CFR 51.354—
Adequate Tools and Resources; 40 CFR
51.355—Test Frequency and
Convenience; 40 CFR 51.356—Vehicle
Coverage; 40 CFR 51.357—Test
Procedures and Standards; 40 CFR
51.358—Test Equipment; 40 CFR
51.359—Quality Control; 40 CFR
51.360—Waivers; 40 CFR 51.361—
Motorist Compliance Enforcement; 40
CFR 51.362—Motorist Compliance
Enforcement Program Oversight; 40 CFR
51.363—Quality Assurance; 40 CFR
51.364—Enforcement Against
Contractors, Stations, and Inspectors; 40
CFR 51.365—Data Collection; 40 CFR
51.366—Data Analysis and Reporting;
40 CFR 51.367—Inspector Training and
Licensing or Certification; 40 CFR
51.368—Public Information and
Consumer Protection; 40 CFR 51.369—
Improving Repair Effectiveness; 40 CFR
51.370—Compliance with Recall
Notices; 40 CFR 51.371—On-road
Testing; 40 CFR 51.372—State
Implementation Plan Submittals; and 40
CFR 51.373—Implementation
Deadlines.
D. Conclusion
Our review, as presented in our
November 10, 2014 proposed rule (79
FR 66670) and reiterated herein,
involved: (1.) Section X, Part F, Vehicle
Inspection and Maintenance Program,
(2.) Section X, Part F, Appendix 1,
which is the Cache County Ordinance
2013–4, and (3.) Appendix 2, which is
the BRHD’s Regulation 2013–1, all as
compared to the applicable provisions
of 40 CFR 51, subpart S for a nonmandatory I/M program. Based on our
review, we have determined that the SIP
revisions sufficiently address the
applicable provisions in 40 CFR 51,
subpart S for a non-mandatory I/M
program and that our approval is
warranted. We are, therefore, approving
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the Cache County I/M program as
described and authorized in Section X,
Vehicle Inspection and Maintenance
Program, Part F, which includes
Appendix 1 which is the Cache County
Ordinance 2013–4, and Appendix 2
which is the BRHD’s Regulation 2013–
1.
E. Special Consideration of the Diesel I/
M Provisions in the BRHD’s Regulation
2013–1
As we discussed in our proposed rule
(79 FR 66670, November 10, 2014), the
Cache County I/M program is not a CAA
mandatory or otherwise required I/M
program. EPA takes note of the
provisions in the BRHD’s Regulation
2013–1, Section 9.4.6, which states that
‘‘[a]ll diesel powered vehicles model
year 1998 and newer shall be tested as
specified in Appendix D, Diesel Test
Procedures.’’ Appendix D of Regulation
2013–1 is entitled ‘‘Test Procedures’’
and contains test procedures for OBDII,
Two Speed Idle (TSI), and for Diesel
Powered Vehicles.
At this time, EPA has not
promulgated specific I/M requirements
for diesel I/M programs. We have, to
date, only issued policy guidance
regarding the gathering of OBD
information from OBD-equipped diesel
vehicles.3 As such, we do not have
regulatory language in 40 CFR 51,
subpart S to compare the diesel I/M
requirements in the BRHD’s Regulation
2013–1 for potential SIP approval and
SIP credit. However, EPA does believe
the above noted diesel I/M provisions in
the BRHD’s Regulation 2013–1 have
potential merit for evaluating diesel
vehicles and for reducing emissions
from diesel vehicles. We are therefore
also approving the diesel I/M provisions
in the BRHD’s Regulation 2013–1;
however, our approval is only for the
purposes of strengthening the SIP and
we are not approving the provisions as
a diesel I/M program nor assigning any
SIP credit.
V. EPA’s Evaluation of the State’s
Associated Revisions to Utah Rules
R307–110–1, R307–110–31, and R307–
110–36
A. Revisions to Utah Rule R307–110–1;
Incorporation by Reference
As discussed in our proposed rule of
November 10, 2014 (79 FR 66670), the
purpose of the revisions to R307–110–
1 is to incorporate by reference the Utah
SIP into this section of the Utah
3 See EPA Office of Transportation and Air
Quality: ‘‘Best Practices for Addressing OBD
Readiness in IM Testing of Diesel Vehicles Under
14,000 Pounds Gross Vehicle Weight Rating,’’
March 07, 2013.
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Administrative Rules and to advise the
public that the SIP is available on the
UDAQ’s Web site. EPA finds this an
administrative revision that merely
incorporates the Utah SIP into the
State’s Rules, which are a portion of
Utah’s Codified Law, along with
providing the public information that
the SIP can be accessed via the internet
on the UDAQ’s Web site. The revisions
to R307–110–1 were adopted by the
UAQB on December 5, 2012, became
state-effective on December 6, 2012, and
were as submitted by the Governor by
a letter dated January 10, 2013. By a
subsequent letter dated February 25,
2013, Bryce Bird, Director, UDAQ,
submitted the necessary administrative
documentation that supported the
Governor’s submittal.
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B. Revisions to Utah Rule R307–110–31;
Section X, Vehicle Inspection and
Maintenance Program, Part A, General
Requirements and Applicability
As discussed in our proposed rule of
November 10, 2014 (79 FR 66670), the
purpose of the revisions to R307–110–
31 is to incorporate by reference into the
Utah Rules, SIP Section X, Vehicle
Inspection and Maintenance Program,
Part A, General Requirements and
Applicability, as adopted by the UAQB
on December 5, 2012, and which
became state-effective on December 6,
2012. The revisions to SIP Section X,
Part A, were those as we discussed
above in sections I, II, and III of this
action, and in our proposed rule, and
were as submitted by the Governor by
a letter dated January 10, 2013. By a
subsequent letter dated February 25,
2013, Bryce Bird, Director, UDAQ,
submitted the necessary administrative
documentation that supported the
Governor’s submittal.
C. Revisions to Utah Rule R307–110–36;
Section X, Vehicle Inspection and
Maintenance Program, Part F, Cache
County
As discussed in our proposed rule of
November 10, 2014 (79 FR 66670), the
purpose of the revisions to R307–110–
36 is to incorporate by reference into the
Utah Rules, SIP Section X, Vehicle
Inspection and Maintenance Program,
Part F, Cache County, as initially
adopted by the UAQB on December 5,
2012, and as superseded by the
revisions as adopted by the UAQB on
November 6, 2013. Those revisions that
were adopted by the UAQB on
November 6, 2013, became Stateeffective on November 7, 2013, and are
the revisions to SIP Section X, Part F
that we discussed above in sections I, II,
and IV of this action and in our
proposed rule. The November 7, 2013,
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effective revisions were submitted by
the Governor by a letter dated January
28, 2014 and were supported by a
subsequent letter, dated February 4,
2014, from Bryce Bird, Director, UDAQ,
which submitted the necessary
administrative documentation.
The revisions to Utah Rules R307–
110–1, R307–110–31, and R307–110–36,
as discussed in our proposed rule (79
FR 66670, November 10, 2014) and
herein, incorporate by reference the
applicable SIP revisions into the Utah
Administrative Rules which then
codifies them in the Utah
Administrative Code. This is acceptable
to EPA and we are, therefore, approving
these SIP revisions to Utah Rules R307–
110–1, R307–110–31, and R307–110–36.
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
NAAQS or any other applicable
requirement of the CAA. The provisions
of Utah SIP Section X, Part A contain I/
M provisions that were previously
approved by EPA and were also
simultaneously contained in the Utah’s
SIP Section X for each of the county’s
I/M programs (i.e., Part B, Part C, Part
D, and Part E). The SIP revisions to
Section X, Part A do not weaken the
previously approved requirements and
provisions in Section X, Part A of the
SIP, nor do they reduce the emission
reductions achieved by the original
program areas. Instead, the revisions to
SIP Section X, Part A reorganize and
expand the existing requirements and
provisions, to reflect the redundant
language that previously appeared in
Parts B, C, D, and E, and to expand SIP
Section X, Part A to include the Cache
County I/M program (Part F). The
revisions to SIP Section X, Part F
incorporate a new I/M program for
Cache County that will help to reduce
PM2.5 precursor emissions of NOx and
VOCs. The revisions to Utah Rules
R307–110–1, R307–110–31, and R307–
110–36 merely incorporate by reference
the applicable SIP revisions into the
Utah Administrative Rules which then
codifies them in the Utah
Administrative Code. In view of the
above, EPA finds that the revisions to
Utah SIP Section X, Part A, Utah SIP
Section X Part F, and Utah Rules R307–
110–1, R307–110–31, and R307–110–36
will not interfere with attainment,
reasonable further progress, or any other
applicable requirement of the CAA.
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54241
VII. Final Action
EPA is approving the January 10, 2013
submitted SIP revisions to Utah’s SIP
Section X, Vehicle Inspection and
Maintenance Program, Part A, General
Requirements and Applicability, and to
Utah Rules R307–110–1 and R307–110–
31. In addition, EPA is approving the
January 28, 2014 submitted SIP
revisions to Utah’s SIP Section X,
Vehicle Inspection and Maintenance
Program, Part F, Cache County, with
clarification below, and to Utah Rule
R307–110–36.4 EPA clarifies that with
its approval of Utah’s SIP Section X,
Vehicle Inspection and Maintenance
Program, Part F, Cache County,
Appendix 2, the provisions in the
BRHD’s Regulation 2013–1, Section
9.4.6 and the diesel test procedures as
specified in BRHD’s Regulation 2013–1,
Appendix D are being approved only for
purposes of strengthening the SIP.
These provisions are not being approved
as a diesel I/M program and are not
being assigned any SIP credit.
VIII. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, EPA is finalizing the
incorporation by reference of the Utah
SIP materials and rules described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this rule’s
preamble for more information).
IX. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves state law as
meeting federal requirements and does
not impose additional requirements
4 In the February 25, 2013 letter from Bryce Bird,
Utah proposed to renumber Utah Rule R307–110–
36, Section XXIII, Interstate Transport to Utah Rule
R307–110–37. EPA plans to take action on that
request in a different rulemaking. By approving
R307–110–36, Section X, Vehicle Inspection and
Maintenance Program, Part F, Cache County in this
action, EPA is not superseding or removing R307–
110–36, Section XXIII, Interstate Transport from the
federally-enforceable SIP.
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Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations
beyond those imposed by state law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et se.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et se.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
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14:17 Sep 08, 2015
Jkt 235001
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 9,
2015. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, and Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 1, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52 [AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
January 10, 2013. In addition, revisions
to the Utah State Implementation Plan
involving; Section X, Vehicle Inspection
and Maintenance Program, Part F,
Cache County and Utah Rule R307–110–
36 were submitted for Agency action.
These SIP revisions were adopted by the
UAQB November 6, 2013, they became
State effective on November 7, 2013,
and were submitted by the Governor to
EPA by a letter dated January 28, 2014.
(i) Incorporation by reference.
(A)(1) Utah Rules R307,
Environmental Quality, Air Quality,
R307–110, General Requirements: State
Implementation Plan, R307–110–1,
Incorporation by Reference, and R307–
110–31, Section X, Vehicle Inspection
and Maintenance Program, Part A,
General Requirements and
Applicability; effective December 6,
2012, as proposed in the Utah State
Bulletin on October 1, 2012, and
published as adopted in the Utah State
Bulletin on January 1, 2013.
(2) Section X, Vehicle Inspection and
Maintenance Program, Part A, General
Requirements and Applicability,
adopted by the Utah Air Quality Board
on December 5, 2012. (B)(1) Utah Rule
R307, Environmental Quality, Air
Quality, R307–110, General
Requirements: State Implementation
Plan, R307–110–36, Section X, Vehicle
Inspection and Maintenance Program,
Part F, Cache County; effective
November 7, 2013, as proposed in the
Utah State Bulletin on September 1,
2013, and published as adopted in the
Utah State Bulletin on December 1,
2013.
(2) Section X, Vehicle Inspection and
Maintenance Program Part F, Cache
County, adopted by the Utah Air Quality
Board on November 6, 2013.
*
*
*
*
*
[FR Doc. 2015–22594 Filed 9–8–15; 8:45 am]
BILLING CODE 6560–50–P
Subpart TT—Utah
2. Section 52.2320 is amended by
adding paragraph (c)(80) to read as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 52.2320
[EPA–HQ–OPP–2014–0506; FRL–9930–04]
■
Identification of plan.
*
*
*
*
*
(c) * * *
(80) Revisions to the Utah State
Implementation Plan involving Section
X, Vehicle Inspection and Maintenance
Program, Part A, General Requirements
and Applicability, and Utah Rules
R307–110–1 and R307–110–31. The
Utah Air Quality Board (UAQB) adopted
these SIP revisions on December 5,
2012, they became state effective on
December 6, 2012, and were submitted
by the Governor to EPA by a letter dated
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40 CFR Part 180
Cyprodinil; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of cyprodinil in
or on multiple commodities that are
identified and discussed later in this
document, and removes the established
tolerance on fruit, stone, group 12.
Interregional Research Project Number 4
SUMMARY:
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[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Rules and Regulations]
[Pages 54237-54242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22594]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2014-0370; FRL-9930-71-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; Motor Vehicle Inspection and Maintenance and Associated
Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of Utah on
January 10, 2013 and January 28, 2014. The revisions involve amendments
to Section X, Vehicle Inspection and Maintenance Program, Part A,
General Requirements and Applicability; the addition of Section X,
Vehicle Inspection and Maintenance Program, Part F, Cache County; and
revisions to Utah Administrative Rules R307-110-1, R307-110-31, and
R307-110-36. EPA is approving these SIP revisions in accordance with
the requirements of section 110 of the Clean Air Act (CAA).
DATES: This final rule is effective October 9, 2015.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2014-0370. All documents in the docket are
listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, e.g., 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 through 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 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, 8:00 a.m.
to 4:00 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program, EPA, Region 8,
Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303)
312-6479, russ.tim@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. What was the State's process?
III. EPA's Evaluation of the State's Revisions to Section X, Vehicle
Inspection and Maintenance Program, Part A, General Requirements and
Applicability
IV. EPA's Evaluation of the State's Revisions to Section X, Vehicle
Inspection and Maintenance Program, Part F, Cache County
V. EPA's Evaluation of the State's Associated Revisions to Utah
Rules R307-110-1, R307-110-31, and R307-110-36
VI. Consideration of Section 110(l) of the Clean Air Act
VII. Final Action
VIII. Incorporation by Reference
IX. Statutory and Executive Order Reviews
I. Background
A. Utah's Revisions to SIP Section X, Vehicle Inspection and
Maintenance Program, Part A, General Requirements and Applicability
Section X of the Utah SIP addresses the provisions and requirements
for the motor vehicle inspection and maintenance (I/M) programs that
are administered by five counties in Utah. Section X of the SIP is
divided into six subparts ``A'' through ``F''; Part A addresses general
requirements and applicability provisions that are common to each of
the counties' I/M programs, Part B is the Davis County vehicle I/M
program, Part C is the Salt Lake County vehicle I/M program, Part D is
the Utah County vehicle I/M program, Part E is the Weber County vehicle
I/M program, and Part F is the Cache County vehicle I/M program.
Section X, Part A is entitled ``Vehicle Inspection and Maintenance
Program, General Requirements and Applicability.'' The current version
of Part A, last approved by EPA on November 2, 2005 (70 FR 66264),
provides a discussion of the federal I/M requirements, the aspects of
On-Board Diagnostics (OBD) tests, a brief history of the Utah I/M
program and the state's general authority and general information
regarding the applicability of the Utah SIP to such I/M program aspects
as test frequency, enforcement, vehicle registration, and change in
vehicle ownership. Although duplicative, each of the four counties'
existing I/M programs, found in Parts B, C, D, and E to Section X,
contained very similar language as provided in Part A.
By a letter dated January 10, 2013, the Governor of Utah submitted
a revision to Section X, Part A that updates and expands Part A to
contain the relevant brief history of the Utah I/M program, the state's
general authority, additional language on test types, general public
information, general enforcement provisions which are relevant to the
four counties implementing an existing I/M program, and the new I/M
program in Cache County. As Part A is applicable to all five of the
counties' I/M programs, this allows the removal of the duplicative
general language in existing Section X and allows the consolidation of
the common information and provisions in each counties' I/M program
into Part A. Each of the counties' I/M programs contained in Section X,
Parts B through F will then reference Part A.
B. Utah's Revisions to SIP section X, Vehicle Inspection and
Maintenance Program, To Add Part F, Cache County
On November 13, 2009 (74 FR 58688), EPA designated a portion of
Cache County, Utah as nonattainment for the 2006 PM2.5 \1\
24-hour national ambient air quality standard (NAAQS). The Cache County
portion includes the city of Logan, Utah. The nonattainment area, which
also includes portions of
[[Page 54238]]
Franklin County, Idaho, is identified by EPA as ``Logan--UT/ID.''
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\1\ PM2.5 is Particulate Matter less than or equal to
2.5 microns in diameter.
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Through the course of the development of a dispersion modeled
attainment demonstration for Utah's attainment plan, a motor vehicle I/
M program was identified by the state as a reasonable control strategy
to achieve reductions of PM2.5 precursor emissions of
nitrogen oxides (NOX) and volatile organic compounds (VOC)
necessary to support the SIP attainment demonstration for the Cache
County portion of the Logan-UT/ID 2006 PM2.5 24-hour NAAQS
nonattainment area. EPA notes, however, that under the applicable
subparts of Part D of Title I of the CAA for PM2.5
attainment plans, subparts 1 and 4, Cache County's I/M program is not a
CAA mandatory or required I/M program and is therefore not held to the
same level of applicable requirements as found in 40 CFR part 51,
subpart S (hereafter ``40 CFR 51, subpart S''), I/M program
requirements. As an example, a performance standard demonstration is
not required for the Cache County I/M program. Part F of Section X, in
conjunction with Section X, Part A as discussed above, was instead
designed by the County and state to meet the minimum applicable I/M
provisions and requirements presented in 40 CFR 51, subpart S. It is
also noted in Part F that although only a portion of Cache County was
designated as nonattainment for the 2006 PM2.5 24-hour
NAAQS, the I/M program will be implemented County-wide.
By a letter dated January 28, 2014, the Governor submitted a SIP
revision to add Section X, Part F, for the new motor vehicle I/M
program for Cache County. As described further below, the Cache County
I/M program was designed with certain necessary components from 40 CFR
51, subpart S in order to have a viable I/M program that helps reduce
NOX and VOC precursor emissions of PM2.5. The I/M
program also generates emission reductions suitable for use in the
PM2.5 attainment demonstration that was subsequently
submitted by Utah to EPA on December 16, 2014.
C. Utah's Revisions to Rules R307-110-1, R307-110-31, and R307-110-36
The Utah Administrative Code is the body of all effective
administrative rules as compiled and organized by the Utah Division of
Administrative Rules, Utah Department of Administrative Services.\2\
Utah's Administrative Rules are a portion of Utah's Codified Law. In
Utah, statements written by state agencies which have the effect of law
are called administrative rules. Unlike state statutes, which change
only when the Utah Legislature is in session, administrative rules
change throughout the year. A Utah administrative rule serves at least
two purposes; first, an enacted administrative rule has the binding
effect of law, and second, an administrative rule informs citizens of
actions a state government agency will take or how a state agency will
conduct its business. Under the authority of the Utah Air Conservation
Act as provided in Utah Code Title 19, Chapter 2, the Utah Air Quality
Board (UAQB) adopts certain provisions and requirements into the Utah
SIP. Those particular SIP elements must then be incorporated by
reference into the appropriate section of the Utah Administrative Rules
(hereafter ``Utah Rules'').
---------------------------------------------------------------------------
\2\ For further information and citations to the relevant Utah
statutes that govern rulemaking, please refer to the Web site of the
Division of Administrative Rules: https://www.rules.utah.gov/ .
---------------------------------------------------------------------------
By letters dated January 10, 2013 and January 28, 2014, the
Governor submitted SIP revisions involving updates to sections of the
R307-110 series air quality Utah Rules. The Governor's submittals
requested EPA to approve actions taken by the UAQB that updated three
sections of the Utah Rules R307-110 series which are entitled ``General
Requirements: State Implementation Plan.'' The three rules are:
1. R307-110-1 which incorporates by reference the Utah SIP into the
Utah Rules and advises the public that the SIP is available on the Utah
Division of Air Quality (UDAQ) Web site.
2. R307-110-31 which incorporates by reference Utah SIP Section X,
Vehicle Inspection and Maintenance Program, Part A, General
Requirements and Applicability.
3. R307-110-36 which incorporates by reference Utah SIP Section X,
Vehicle Inspection and Maintenance Program, Part F, Cache County.
D. Proposed rule.
On November 10, 2014, EPA published a proposed rule in the Federal
Register (see 79 FR 66670) in which we fully described and proposed
approval of the SIP revisions discussed above. Our proposed rule
provided an opportunity for public comment through December 10, 2014.
We did not receive any comments in response to our November 10, 2014
proposed rule.
II. What was the State's process?
Section 110(a)(2) of the CAA requires that a state provide
reasonable notice and public hearing before adopting a SIP revision and
submitting it to us.
A. The Governor's January 10, 2013 SIP Submittal
On October 15, 2012, October 16, 2012, and October 17, 2012 the
UAQB of the Utah Department of Environmental Quality conducted public
hearings to consider the adoption of revisions and additions to the
Utah SIP and the appropriate sections of the Utah Rules. The revisions
affecting the SIP involved SIP Section X, Vehicle Inspection and
Maintenance Program, Part A, General Requirements and Applicability;
SIP Section X, Vehicle Inspection and Maintenance Program, Part F,
Cache County; and Utah Rules R307-110-1, R307-110-31, and R307-110-36.
After reviewing and responding to comments received before and during
the public hearings, the UAQB adopted the proposed revisions on
December 5, 2012. The SIP and Utah Rule revisions became state
effective on December 6, 2012 and were submitted by the Governor to EPA
by a letter dated January 10, 2013. By a subsequent letter dated
February 25, 2013, Bryce Bird, Director, UDAQ submitted the necessary
administrative documentation that supported the Governor's submittal.
We evaluated the Governor's January 10, 2013 submittal for SIP
Section X, Vehicle Inspection and Maintenance Program, Part A, General
Requirements and Applicability; SIP Section X, Vehicle Inspection and
Maintenance Program, Part F, Cache County; and Rules R307-110-1, R307-
110-31, and R307-110-36 and determined that Utah met the requirements
for reasonable notice and public hearing under section 110(a)(2) of the
CAA. By operation of law under section 110(k)(1)(B) of the CAA, the
Governor's January 10, 2013 submittal was deemed complete on July 10,
2013.
B. The Governor's January 28, 2014 SIP Submittal
On August 7, 2013 the UAQB proposed for public comment amendments
to the Utah SIP for Section X, Vehicle Inspection and Maintenance
Program, Part F, Cache County and Utah Rule R307-110-36. These proposed
revisions superseded and replaced those previous revisions to the SIP
for Section X, Vehicle Inspection and Maintenance Program, Part F,
Cache County and Utah Rule R307-110-36 that the Governor had submitted
to EPA with his letter to EPA dated January 10, 2013. Included with the
state's administrative documentation for these SIP and Rule revisions
were letters dated October 23, 2013 and October 24, 2013 from Bryce
Bird, Director, UDAQ, to the UAQB. Both of these letters indicated that
a
[[Page 54239]]
public comment period was held from September 1 through October 1,
2013, regarding the proposed Cache County I/M program (ref. October 24,
2013 letter) and Utah Rule R307-110-36 (ref. October 23, 2013 letter)
revisions, and that no public comments were received and no public
hearings were requested. In consideration of these two letters, the
UAQB subsequently adopted the proposed revisions on November 6, 2013.
The SIP and Rule revisions became State effective on November 7, 2013,
and were submitted by the Governor to EPA by a letter dated January 28,
2014. By a subsequent letter dated February 4, 2014, Bryce Bird,
Director, UDAQ submitted the necessary administrative documentation
that supported the Governor's submittal.
We evaluated Utah's January 28, 2014 submittal and determined that
the State met the requirements for reasonable notice and public hearing
under section 110(a)(2) of the CAA. By a letter dated June 30, 2014, we
advised the Governor that the SIP and Rule revisions submittal was
deemed to have met the minimum ``completeness'' criteria found in 40
CFR part 51, Appendix V.
III. EPA's Evaluation of the State's Revisions to Section X, Vehicle
Inspection and Maintenance Program, Part A, General Requirements and
Applicability
As noted in section I of this action, Section X of the Utah SIP
addresses the provisions and requirements for the motor vehicle I/M
programs administered by five counties in Utah. Section X of the SIP is
divided into six subparts, ``A'' through ``F,'' with Part A addressing
general requirements and applicability provisions that are common to
each of the counties' I/M programs. Section X, Part A is entitled
``Vehicle Inspection and Maintenance Program, General Requirements and
Applicability,'' and its current provisions and requirements, as
updated by the Governor's SIP submittal of January 10, 2013, are
discussed below:
A. Utah SIP Section X, Part A: ``Requirements.''
We provided a full analysis of the revisions to this section of the
SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the
specific discussion, the reader is directed to section IV of our
proposed rule which is entitled ``IV. EPA's Evaluation of the State's
Revisions to Section X, Vehicle Inspection and Maintenance Program,
Part A, General Requirements and Applicability.'' Please see page 79 FR
66672.
B. Utah SIP Section X, Part A: ``General Applicability.''
We provided a full analysis of the revisions to this section of the
SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the
specific discussion, the reader is directed to section IV of our
proposed rule which entitled ``IV. EPA's Evaluation of the State's
Revisions to Section X, Vehicle Inspection and Maintenance Program,
Part A, General Requirements and Applicability.'' Please see pages 79
FR 66672 and 66673.
C. Utah SIP Section X, Part A: ``General Summary.''
We provided a full analysis of the revisions to this section of the
SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the
specific discussion, the reader is directed to section IV of our
proposed rule which entitled ``IV. EPA's Evaluation of the State's
Revisions to Section X, Vehicle Inspection and Maintenance Program,
Part A, General Requirements and Applicability.'' Please see page 79 FR
66673.
Based on EPA's review of Utah's revisions to SIP Section X, Vehicle
Inspection and Maintenance Program, Part A, Requirements, General
Applicability, and General Summary and in consideration of our full
analysis as provided in our proposed rule of November 10, 2014 (79 FR
66670), we have concluded that our approval is warranted. As noted in
our November 10, 2014 proposed rule, this conclusion incorporates our
review of our prior approval of this section of the SIP (see 70 FR
66264, November 2, 2005) and the applicable sections of 40 CFR 51,
subpart S (sections 51.350 to 51.373). We have determined that the
revisions to Section X, Vehicle Inspection and Maintenance Program,
Part A, Requirements, General Applicability, and General Summary
sufficiently address the applicable sections of 40 CFR 51, subpart S
for these particular aspects of Utah's five counties' I/M programs. We,
therefore, are approving these revisions to the SIP.
IV. EPA's Evaluation of the State's Revisions to Section X, Vehicle
Inspection and Maintenance Program, Part F, Cache County
Section X, Part F of the Utah SIP addresses the provisions and
requirements for the implementation of the motor vehicle I/M program in
Cache County, Utah. Section X, Part F of the SIP contains three main
components for the Cache County I/M program: (a.) The SIP language for
Section X Part F that addresses applicability, a general description of
the Cache County I/M program, and the time frame for implementation of
the I/M program; (b.) the Cache County Emission Inspection/Maintenance
Program Ordinance 2013-4; and (c.) the Bear River Health Department's
Regulation 2013-1. We note that the Cache County Ordinance 2013-4
contains language which delegates the implementation of the Cache
County I/M program to the Bear River Health Department (BRHD). All of
the above documents were adopted by the UAQB on November 6, 2013 and
were included with the Governor's SIP submittal of January 28, 2014.
The documents were supplemented by the February 4, 2014 UDAQ submittal
of the administrative documentation and are discussed in further detail
below.
A. Section X, Vehicle Inspection and Maintenance Program, Part F, Cache
County; Applicability, Description of the Cache County I/M Program, and
I/M SIP Implementation
1. Applicability. We provided a full analysis of the revisions to
this section of the SIP in our proposed rule of November 10, 2014 (79
FR 66670). For the specific discussion, the reader is directed to
section V of our proposed rule which entitled ``V. EPA's Evaluation of
the State's Revisions to Section X, Part F, Cache County Vehicle
Inspection and Maintenance Program.'' Please see page 79 FR 66674.
2. Description of Cache County I/M Program. We provided a full
analysis of the revisions to this section of the SIP in our proposed
rule of November 10, 2014 (79 FR 66670). For the specific discussion,
the reader is directed to section V of our proposed rule which is
entitled ``V. EPA's Evaluation of the State's Revisions to Section X,
Part F, Cache County Vehicle Inspection and Maintenance Program.''
Please see page 79 FR 66674. Our evaluation discussed components of the
Cache County's I/M program involving such aspects as; Network Type,
Test Convenience, Subject fleet, Station/inspector Audits, Waivers,
Test frequency, Test Equipment, and Test Procedures.
3. I/M SIP Implementation. Our proposed rule of November 10, 2014
(79 FR 66670) noted on page 79 FR 66674 that the SIP states the
following to address I/M implementation: ``The I/M program ordinance,
regulations, policies, procedures, and activities specified in this I/M
SIP revision shall be implemented by January 1, 2014 and shall continue
until a maintenance plan without an I/M program is approved by EPA in
accordance with Section 175 of the Clean Air Act.''
[[Page 54240]]
B. Section X, Vehicle Inspection and Maintenance Program, Part F, Cache
County; Appendix 1, Cache County Emission Inspection/Maintenance
Program Ordinance 2013-4
We provided a full analysis of the revisions to this section of the
SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the
specific discussion, the reader is directed to section V of our
proposed rule which is entitled ``V. EPA's Evaluation of the State's
Revisions to Section X, Part F, Cache County Vehicle Inspection and
Maintenance Program.'' Please see page 79 FR 66674. Our evaluation
discussed components of the Cache County's I/M program involving such
aspects as: Section 1, Purpose; section 2, Powers and Duties; section
3, General Provisions; section 4, Guidelines to be Followed by the Bear
River Board of Health in Implementing a Vehicle Emission Inspection and
Maintenance Program in Cache County; section 5, Review of Need for
Program; and section 6, Effective Date. Of particular note is section
2.3, which delegates implementation of the I/M program to the BRHD, and
section 4, which sets several of the parameters for BRHD's program
implementation, including test schedules, fees, and waivers.
C. Section X, Vehicle Inspection and Maintenance Program, Part F, Cache
County; Appendix 2, Bear River Health Department Regulation 2013-1
This section of the SIP provides the BRHD's I/M regulation. The
Cache County I/M program is not a CAA mandated program and is,
therefore, allotted a certain amount of flexibility in the level of
applicable requirements as compared to a CAA or otherwise required
mandatory I/M program. The purpose of the Cache County I/M program is
to achieve reductions in PM2.5 NAAQS precursor emissions of
NOx and VOCs, to improve air quality, and to provide emission
reductions for use in a dispersion modeled SIP attainment
demonstration. To facilitate these objectives, EPA's analysis of the
BRHD's Regulation 2013-1 included a comparison of the BRHD's Regulation
2013-1 to applicable sections of 40 CFR 51, subpart S ``Inspection/
Maintenance Program Requirements.'' EPA's analysis of the BRHD's
Regulation 2013-1 was accomplished as described below.
EPA reviewed the BRHD's Regulation 2013-1 for consistency with
appropriate sections of the federal I/M regulations, as applicable to a
non-mandatory I/M program, as codified in 40 CFR 51, subpart S,
sections 51.350 through 51.373. We provided a full analysis of the
revisions to this section of the SIP in our proposed rule of November
10, 2014 (79 FR 66670). For the specific discussion, the reader is
directed to section V of our proposed rule which entitled ``V. EPA's
Evaluation of the State's Revisions to Section X, Part F, Cache County
Vehicle Inspection and Maintenance Program.'' Please see pages 79 FR
66674 through 66678. Our evaluation discussed components of Cache
County's I/M program, with specific references to the particular
sections of the BRHD's Regulation 2013-1 and how they appropriately
addressed the applicable federal requirements including: 40 CFR
51.350--Applicability; 40 CFR 51.351--Enhanced I/M Performance Standard
and 40 CFR 51.352--Basic I/M Performance Standard; 40 CFR 51.353--
Network Type; 40 CFR 51.354--Adequate Tools and Resources; 40 CFR
51.355--Test Frequency and Convenience; 40 CFR 51.356--Vehicle
Coverage; 40 CFR 51.357--Test Procedures and Standards; 40 CFR 51.358--
Test Equipment; 40 CFR 51.359--Quality Control; 40 CFR 51.360--Waivers;
40 CFR 51.361--Motorist Compliance Enforcement; 40 CFR 51.362--Motorist
Compliance Enforcement Program Oversight; 40 CFR 51.363--Quality
Assurance; 40 CFR 51.364--Enforcement Against Contractors, Stations,
and Inspectors; 40 CFR 51.365--Data Collection; 40 CFR 51.366--Data
Analysis and Reporting; 40 CFR 51.367--Inspector Training and Licensing
or Certification; 40 CFR 51.368--Public Information and Consumer
Protection; 40 CFR 51.369--Improving Repair Effectiveness; 40 CFR
51.370--Compliance with Recall Notices; 40 CFR 51.371--On-road Testing;
40 CFR 51.372--State Implementation Plan Submittals; and 40 CFR
51.373--Implementation Deadlines.
D. Conclusion
Our review, as presented in our November 10, 2014 proposed rule (79
FR 66670) and reiterated herein, involved: (1.) Section X, Part F,
Vehicle Inspection and Maintenance Program, (2.) Section X, Part F,
Appendix 1, which is the Cache County Ordinance 2013-4, and (3.)
Appendix 2, which is the BRHD's Regulation 2013-1, all as compared to
the applicable provisions of 40 CFR 51, subpart S for a non-mandatory
I/M program. Based on our review, we have determined that the SIP
revisions sufficiently address the applicable provisions in 40 CFR 51,
subpart S for a non-mandatory I/M program and that our approval is
warranted. We are, therefore, approving the Cache County I/M program as
described and authorized in Section X, Vehicle Inspection and
Maintenance Program, Part F, which includes Appendix 1 which is the
Cache County Ordinance 2013-4, and Appendix 2 which is the BRHD's
Regulation 2013-1.
E. Special Consideration of the Diesel I/M Provisions in the BRHD's
Regulation 2013-1
As we discussed in our proposed rule (79 FR 66670, November 10,
2014), the Cache County I/M program is not a CAA mandatory or otherwise
required I/M program. EPA takes note of the provisions in the BRHD's
Regulation 2013-1, Section 9.4.6, which states that ``[a]ll diesel
powered vehicles model year 1998 and newer shall be tested as specified
in Appendix D, Diesel Test Procedures.'' Appendix D of Regulation 2013-
1 is entitled ``Test Procedures'' and contains test procedures for
OBDII, Two Speed Idle (TSI), and for Diesel Powered Vehicles.
At this time, EPA has not promulgated specific I/M requirements for
diesel I/M programs. We have, to date, only issued policy guidance
regarding the gathering of OBD information from OBD-equipped diesel
vehicles.\3\ As such, we do not have regulatory language in 40 CFR 51,
subpart S to compare the diesel I/M requirements in the BRHD's
Regulation 2013-1 for potential SIP approval and SIP credit. However,
EPA does believe the above noted diesel I/M provisions in the BRHD's
Regulation 2013-1 have potential merit for evaluating diesel vehicles
and for reducing emissions from diesel vehicles. We are therefore also
approving the diesel I/M provisions in the BRHD's Regulation 2013-1;
however, our approval is only for the purposes of strengthening the SIP
and we are not approving the provisions as a diesel I/M program nor
assigning any SIP credit.
---------------------------------------------------------------------------
\3\ See EPA Office of Transportation and Air Quality: ``Best
Practices for Addressing OBD Readiness in IM Testing of Diesel
Vehicles Under 14,000 Pounds Gross Vehicle Weight Rating,'' March
07, 2013.
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V. EPA's Evaluation of the State's Associated Revisions to Utah Rules
R307-110-1, R307-110-31, and R307-110-36
A. Revisions to Utah Rule R307-110-1; Incorporation by Reference
As discussed in our proposed rule of November 10, 2014 (79 FR
66670), the purpose of the revisions to R307-110-1 is to incorporate by
reference the Utah SIP into this section of the Utah
[[Page 54241]]
Administrative Rules and to advise the public that the SIP is available
on the UDAQ's Web site. EPA finds this an administrative revision that
merely incorporates the Utah SIP into the State's Rules, which are a
portion of Utah's Codified Law, along with providing the public
information that the SIP can be accessed via the internet on the UDAQ's
Web site. The revisions to R307-110-1 were adopted by the UAQB on
December 5, 2012, became state-effective on December 6, 2012, and were
as submitted by the Governor by a letter dated January 10, 2013. By a
subsequent letter dated February 25, 2013, Bryce Bird, Director, UDAQ,
submitted the necessary administrative documentation that supported the
Governor's submittal.
B. Revisions to Utah Rule R307-110-31; Section X, Vehicle Inspection
and Maintenance Program, Part A, General Requirements and Applicability
As discussed in our proposed rule of November 10, 2014 (79 FR
66670), the purpose of the revisions to R307-110-31 is to incorporate
by reference into the Utah Rules, SIP Section X, Vehicle Inspection and
Maintenance Program, Part A, General Requirements and Applicability, as
adopted by the UAQB on December 5, 2012, and which became state-
effective on December 6, 2012. The revisions to SIP Section X, Part A,
were those as we discussed above in sections I, II, and III of this
action, and in our proposed rule, and were as submitted by the Governor
by a letter dated January 10, 2013. By a subsequent letter dated
February 25, 2013, Bryce Bird, Director, UDAQ, submitted the necessary
administrative documentation that supported the Governor's submittal.
C. Revisions to Utah Rule R307-110-36; Section X, Vehicle Inspection
and Maintenance Program, Part F, Cache County
As discussed in our proposed rule of November 10, 2014 (79 FR
66670), the purpose of the revisions to R307-110-36 is to incorporate
by reference into the Utah Rules, SIP Section X, Vehicle Inspection and
Maintenance Program, Part F, Cache County, as initially adopted by the
UAQB on December 5, 2012, and as superseded by the revisions as adopted
by the UAQB on November 6, 2013. Those revisions that were adopted by
the UAQB on November 6, 2013, became State-effective on November 7,
2013, and are the revisions to SIP Section X, Part F that we discussed
above in sections I, II, and IV of this action and in our proposed
rule. The November 7, 2013, effective revisions were submitted by the
Governor by a letter dated January 28, 2014 and were supported by a
subsequent letter, dated February 4, 2014, from Bryce Bird, Director,
UDAQ, which submitted the necessary administrative documentation.
The revisions to Utah Rules R307-110-1, R307-110-31, and R307-110-
36, as discussed in our proposed rule (79 FR 66670, November 10, 2014)
and herein, incorporate by reference the applicable SIP revisions into
the Utah Administrative Rules which then codifies them in the Utah
Administrative Code. This is acceptable to EPA and we are, therefore,
approving these SIP revisions to Utah Rules R307-110-1, R307-110-31,
and R307-110-36.
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 NAAQS or any other applicable requirement of
the CAA. The provisions of Utah SIP Section X, Part A contain I/M
provisions that were previously approved by EPA and were also
simultaneously contained in the Utah's SIP Section X for each of the
county's I/M programs (i.e., Part B, Part C, Part D, and Part E). The
SIP revisions to Section X, Part A do not weaken the previously
approved requirements and provisions in Section X, Part A of the SIP,
nor do they reduce the emission reductions achieved by the original
program areas. Instead, the revisions to SIP Section X, Part A
reorganize and expand the existing requirements and provisions, to
reflect the redundant language that previously appeared in Parts B, C,
D, and E, and to expand SIP Section X, Part A to include the Cache
County I/M program (Part F). The revisions to SIP Section X, Part F
incorporate a new I/M program for Cache County that will help to reduce
PM2.5 precursor emissions of NOx and VOCs. The revisions to
Utah Rules R307-110-1, R307-110-31, and R307-110-36 merely incorporate
by reference the applicable SIP revisions into the Utah Administrative
Rules which then codifies them in the Utah Administrative Code. In view
of the above, EPA finds that the revisions to Utah SIP Section X, Part
A, Utah SIP Section X Part F, and Utah Rules R307-110-1, R307-110-31,
and R307-110-36 will not interfere with attainment, reasonable further
progress, or any other applicable requirement of the CAA.
VII. Final Action
EPA is approving the January 10, 2013 submitted SIP revisions to
Utah's SIP Section X, Vehicle Inspection and Maintenance Program, Part
A, General Requirements and Applicability, and to Utah Rules R307-110-1
and R307-110-31. In addition, EPA is approving the January 28, 2014
submitted SIP revisions to Utah's SIP Section X, Vehicle Inspection and
Maintenance Program, Part F, Cache County, with clarification below,
and to Utah Rule R307-110-36.\4\ EPA clarifies that with its approval
of Utah's SIP Section X, Vehicle Inspection and Maintenance Program,
Part F, Cache County, Appendix 2, the provisions in the BRHD's
Regulation 2013-1, Section 9.4.6 and the diesel test procedures as
specified in BRHD's Regulation 2013-1, Appendix D are being approved
only for purposes of strengthening the SIP. These provisions are not
being approved as a diesel I/M program and are not being assigned any
SIP credit.
---------------------------------------------------------------------------
\4\ In the February 25, 2013 letter from Bryce Bird, Utah
proposed to renumber Utah Rule R307-110-36, Section XXIII,
Interstate Transport to Utah Rule R307-110-37. EPA plans to take
action on that request in a different rulemaking. By approving R307-
110-36, Section X, Vehicle Inspection and Maintenance Program, Part
F, Cache County in this action, EPA is not superseding or removing
R307-110-36, Section XXIII, Interstate Transport from the federally-
enforceable SIP.
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VIII. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of the Utah
SIP materials and rules described in the amendments to 40 CFR part 52
set forth below. The EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this rule's preamble for more
information).
IX. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements
[[Page 54242]]
beyond those imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et se.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et se.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 9, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, and Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 1, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is 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)(80) to read as
follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
(80) Revisions to the Utah State Implementation Plan involving
Section X, Vehicle Inspection and Maintenance Program, Part A, General
Requirements and Applicability, and Utah Rules R307-110-1 and R307-110-
31. The Utah Air Quality Board (UAQB) adopted these SIP revisions on
December 5, 2012, they became state effective on December 6, 2012, and
were submitted by the Governor to EPA by a letter dated January 10,
2013. In addition, revisions to the Utah State Implementation Plan
involving; Section X, Vehicle Inspection and Maintenance Program, Part
F, Cache County and Utah Rule R307-110-36 were submitted for Agency
action. These SIP revisions were adopted by the UAQB November 6, 2013,
they became State effective on November 7, 2013, and were submitted by
the Governor to EPA by a letter dated January 28, 2014.
(i) Incorporation by reference.
(A)(1) Utah Rules R307, Environmental Quality, Air Quality, R307-
110, General Requirements: State Implementation Plan, R307-110-1,
Incorporation by Reference, and R307-110-31, Section X, Vehicle
Inspection and Maintenance Program, Part A, General Requirements and
Applicability; effective December 6, 2012, as proposed in the Utah
State Bulletin on October 1, 2012, and published as adopted in the Utah
State Bulletin on January 1, 2013.
(2) Section X, Vehicle Inspection and Maintenance Program, Part A,
General Requirements and Applicability, adopted by the Utah Air Quality
Board on December 5, 2012. (B)(1) Utah Rule R307, Environmental
Quality, Air Quality, R307-110, General Requirements: State
Implementation Plan, R307-110-36, Section X, Vehicle Inspection and
Maintenance Program, Part F, Cache County; effective November 7, 2013,
as proposed in the Utah State Bulletin on September 1, 2013, and
published as adopted in the Utah State Bulletin on December 1, 2013.
(2) Section X, Vehicle Inspection and Maintenance Program Part F,
Cache County, adopted by the Utah Air Quality Board on November 6,
2013.
* * * * *
[FR Doc. 2015-22594 Filed 9-8-15; 8:45 am]
BILLING CODE 6560-50-P
