Approval and Promulgation of State Implementation Plan Revisions to Permits, Rules and Approval Orders; Utah, 46836-46838 [2016-16963]
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Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Rules and Regulations
minutes prior to the beginning, during,
and thirty minutes following the
conclusion of the Parade of Ships. The
Captain of the Port may be assisted by
other federal, state, or local agencies as
needed.
In order to transit through this safety
zone, authorization must be granted by
the Captain of the Port, Puget Sound or
his designated representative. All vessel
operators desiring entry into this safety
zone shall gain authorization by
contacting either the on-scene patrol
craft on VHF Ch 13 or Ch 16, or Coast
Guard Sector Puget Sound Joint Harbor
Operations Center (JHOC) via telephone
at (206) 217–6002. Vessel operators
granted permission to enter this safety
zone will be escorted by the on-scene
patrol until no longer within the safety
zone.
This document is issued under
authority of 33 CFR 165.1330 and 5
U.S.C. 552(a). In addition to this notice
of enforcement in the Federal Register,
the Coast Guard will provide the
maritime community with advanced
notification of the safety zone via the
Local Notice to Mariners and marine
information broadcasts. If the Captain of
the Port determines that the regulated
area need not be enforced for the full
duration stated in this notice of
enforcement, he may use a Broadcast
Notice to Mariners to grant general
permission to enter the regulated area.
Dated: July 13, 2016.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2016–16979 Filed 7–18–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2016–0221; FRL–9948–89Region 8]
Approval and Promulgation of State
Implementation Plan Revisions to
Permits, Rules and Approval Orders;
Utah
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve State Implementation
Plan (SIP) revisions submitted by the
State of Utah on February 10, 2012 and
August 29, 2014. These submittals
request SIP revisions to remove changes
to the major source baseline date that
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SUMMARY:
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were disapproved by the EPA on July
15, 2011. The submittals also address
the EPA’s February 6, 2014 disapproval
of several permit rules related to the
public availability of good engineering
practice stack height demonstrations in
the public comment process for an
approval order, and the process for
making emission reductions enforceable
in an approval order. The EPA is taking
this action in accordance with section
110 of the Clean Air Act (CAA).
DATES: This rule is effective on
September 19, 2016 without further
notice, unless EPA receives adverse
comments by August 18, 2016. If
adverse comments are received, the 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–2016–0221, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.,) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jody
Ostendorf, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–7814,
ostendorf.jody@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is EPA using a direct final rule?
The EPA is publishing this rule
without a prior proposed rule because
we view this as a noncontroversial
action and anticipate no adverse
comment. However, in the ‘‘Proposed
Rules’’ section of today’s Federal
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Register, we are publishing a separate
document that will serve as the
proposed rule to approve the SIP
revisions if adverse comments are
received on this direct final rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. For further information about
commenting on this rule, see the
ADDRESSES section of this document.
If the EPA receives adverse comment,
we will publish a timely withdrawal in
the Federal Register informing the
public that this direct final rule will not
take effect. We would address all public
comments in any subsequent final rule
based on the proposed rule.
II. What should I consider as I prepare
my comments for the EPA?
A. Submitting CBI. Do not submit this
information to the EPA through
www.regulations.gov or email. 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.
B. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• 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.
• Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
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Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Rules and Regulations
• Make sure to submit your
comments by the comment period
deadline identified.
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III. Analysis of the State Submittals
Utah’s February 10, 2012 submittal
removes changes to the major source
baseline date that were disapproved by
the EPA on July 15, 2011. The EPA
disapproved R307–405–3(3)(a)(i)
because it defined ‘‘Major Source
Baseline Date’’ in a manner inconsistent
with the federal definition found at 40
CFR 52.21(b)(14). The EPA approves
these revisions.
The August 29, 2014 SIP revisions
address the EPA’s February 6, 2014
disapproval of R307–410–2, Permits:
Emissions Impact Analysis, Definitions;
R307–410–6, Permits: Emissions Impact
Analysis, Stack Heights and Dispersion
Techniques; and R307–401–12, Permit:
New and Modified Sources, Reduction
in Air Contaminants. The submittal also
amends R307–410–2 to incorporate by
reference the date of the Code of Federal
Regulations referenced in R307–101–3.
The EPA approves these revisions. The
submittal amends R307–410–6 to
require the director to notify the public
of the availability of a demonstration
that the source stack height meets good
engineering practice, and to provide an
opportunity for public hearing on it as
required by 40 CFR 51.164. This
conforms to what is required by R307–
401–7, Public Notice, and the EPA
approves this revision.
Finally, the submittal amends R307–
401–12 to exempt an owner or operator
of a stationary source of air
contaminants that reduces or eliminates
air contaminants from the requirement
to submit a notice of intent and obtain
an approval order prior to construction
if certain conditions are met. Those
conditions are: a) the project does not
increase the potential to emit of any air
contaminant or cause emissions of any
new air contaminant; and b) the director
is notified of the change and the
reduction of air contaminants is made
enforceable through an approval order
in accordance with the notification
requirements of R307–401–12. The EPA
approves these revisions.
IV. What action is the EPA taking
today?
The EPA is taking direct final action
to approve the SIP revisions submitted
by the State of Utah on February 10,
2012 and August 29, 2014. The EPA is
approving the proposed SIP revisions as
a direct final action without prior
proposal because the agency views the
revisions as noncontroversial and
anticipates no adverse comments.
However, in the Proposed Rules section
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of today’s Federal Register publication,
the EPA is publishing a separate
document that will serve as the proposal
to approve the SIP revisions if adverse
comments are filed. This rule will be
effective September 19, 2016 without
further notice unless the Agency
receives adverse comments by August
18, 2016. If the EPA receives adverse
comments, the EPA will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect. The 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 the 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, the EPA may
adopt as final those provisions of the
rule that are not the subject of an
adverse comment.
V. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the Utah
rules described in the amendments to 40
CFR part 52 set forth below. Therefore,
these materials have been approved by
the EPA for inclusion in the State
Implementation Plan, have been
incorporated by reference by the EPA
into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference by
the Director of the Federal Register in
the next update to the SIP compilation.1
The EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 8 Office
(please contact the person identified in
the ‘‘For Further Information Contact’’
section of this preamble for more
information).
VI. Statutory and Executive Orders
Review
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state actions, provided that
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FR 27968 (May 22, 1997).
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46837
they meet the criteria of the Clean Air
Act. Accordingly, this direct final action
merely approves a state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact in a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045(62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the 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
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Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Rules and Regulations
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The 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.
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 September 19,
2016. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
Rule No.
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that the EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action may not be challenged later
in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 22, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read as
follows:
State effective
date
Rule title
*
*
*
R307–
401–12
*
*
R307–
405–03
Authority: 42 U.S.C. 7401 et seq.
Subpart TT—Utah
2. Section 52.2320 paragraph (c) is
amended by:
■ a. In the table, under the heading
‘‘R307–401, Permit: New and Modified
Sources’’, adding in numerical order, a
table entry for ‘‘R307–401–12’’;
■ b. In the table, under the heading
‘‘R307–405. Permits: Major Sources in
Attainment or Unclassified Areas
(PSD)’’ revising the table entry for
‘‘R307–405–03’’; and
■ c. In the table, under the heading
‘‘R307–410. Permits: Emissions Impact
Analysis’’, revising the table entries for
‘‘R307–410–02’’ and ‘‘R307–410–06’’.
The revisions and addition read as
follows:
■
§ 52.2320
*
Identification of plan.
*
*
(c) * * *
*
08/07/2014
*
*
Final rule citation, date
*
*
*
7/19/2016. [Insert FEDERAL REGISTER citation]
*
*
*
*
R307–405. Permits: Major Sources in Attainment or Unclassified Areas (PSD)
*
*
Definitions .........................................................
*
1. The authority citation for Part 52
continues to read as follows:
*
*
*
R307–401. Permit: New and Modified Sources
*
*
Reduction in Air Contaminants .........................
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
*
02/02/2012
*
*
7/19/2016. [Insert FEDERAL REGISTER citation]
*
*
*
R307–410. Permits: Emissions Impact Analysis
*
Comments
*
*
*
*
*
*
R307–
410–02
*
*
Definitions .........................................................
*
08/07/2014
*
*
7/19/2016. [Insert FEDERAL REGISTER citation]
*
*
R307–
410–06
*
*
Stack Heights and Dispersion Techniques ......
*
08/07/2014
*
*
7/19/2016. [Insert FEDERAL REGISTER citation]
*
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*
*
*
*
*
*
*
*
*
*
*
[FR Doc. 2016–16963 Filed 7–18–16; 8:45 am]
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]]>Agencies
[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Rules and Regulations]
[Pages 46836-46838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16963]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2016-0221; FRL-9948-89-Region 8]
Approval and Promulgation of State Implementation Plan Revisions
to Permits, Rules and Approval Orders; Utah
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve State Implementation Plan (SIP) revisions
submitted by the State of Utah on February 10, 2012 and August 29,
2014. These submittals request SIP revisions to remove changes to the
major source baseline date that were disapproved by the EPA on July 15,
2011. The submittals also address the EPA's February 6, 2014
disapproval of several permit rules related to the public availability
of good engineering practice stack height demonstrations in the public
comment process for an approval order, and the process for making
emission reductions enforceable in an approval order. The EPA is taking
this action in accordance with section 110 of the Clean Air Act (CAA).
DATES: This rule is effective on September 19, 2016 without further
notice, unless EPA receives adverse comments by August 18, 2016. If
adverse comments are received, the 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-2016-0221, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.,) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-7814,
ostendorf.jody@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is EPA using a direct final rule?
The EPA is publishing this rule without a prior proposed rule
because we view this as a noncontroversial action and anticipate no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, we are publishing a separate document that will serve
as the proposed rule to approve the SIP revisions if adverse comments
are received on this direct final rule. We will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. For further information about commenting on
this rule, see the ADDRESSES section of this document.
If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We would address all public
comments in any subsequent final rule based on the proposed rule.
II. What should I consider as I prepare my comments for the EPA?
A. Submitting CBI. Do not submit this information to the EPA
through www.regulations.gov or email. 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.
B. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
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.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
[[Page 46837]]
Make sure to submit your comments by the comment period
deadline identified.
III. Analysis of the State Submittals
Utah's February 10, 2012 submittal removes changes to the major
source baseline date that were disapproved by the EPA on July 15, 2011.
The EPA disapproved R307-405-3(3)(a)(i) because it defined ``Major
Source Baseline Date'' in a manner inconsistent with the federal
definition found at 40 CFR 52.21(b)(14). The EPA approves these
revisions.
The August 29, 2014 SIP revisions address the EPA's February 6,
2014 disapproval of R307-410-2, Permits: Emissions Impact Analysis,
Definitions; R307-410-6, Permits: Emissions Impact Analysis, Stack
Heights and Dispersion Techniques; and R307-401-12, Permit: New and
Modified Sources, Reduction in Air Contaminants. The submittal also
amends R307-410-2 to incorporate by reference the date of the Code of
Federal Regulations referenced in R307-101-3. The EPA approves these
revisions. The submittal amends R307-410-6 to require the director to
notify the public of the availability of a demonstration that the
source stack height meets good engineering practice, and to provide an
opportunity for public hearing on it as required by 40 CFR 51.164. This
conforms to what is required by R307-401-7, Public Notice, and the EPA
approves this revision.
Finally, the submittal amends R307-401-12 to exempt an owner or
operator of a stationary source of air contaminants that reduces or
eliminates air contaminants from the requirement to submit a notice of
intent and obtain an approval order prior to construction if certain
conditions are met. Those conditions are: a) the project does not
increase the potential to emit of any air contaminant or cause
emissions of any new air contaminant; and b) the director is notified
of the change and the reduction of air contaminants is made enforceable
through an approval order in accordance with the notification
requirements of R307-401-12. The EPA approves these revisions.
IV. What action is the EPA taking today?
The EPA is taking direct final action to approve the SIP revisions
submitted by the State of Utah on February 10, 2012 and August 29,
2014. The EPA is approving the proposed SIP revisions as a direct final
action without prior proposal because the agency views the revisions as
noncontroversial and anticipates no adverse comments. However, in the
Proposed Rules section of today's Federal Register publication, the EPA
is publishing a separate document that will serve as the proposal to
approve the SIP revisions if adverse comments are filed. This rule will
be effective September 19, 2016 without further notice unless the
Agency receives adverse comments by August 18, 2016. If the EPA
receives adverse comments, the EPA will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect. The 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 the 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, the EPA may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.
V. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the Utah
rules described in the amendments to 40 CFR part 52 set forth below.
Therefore, these materials have been approved by the EPA for inclusion
in the State Implementation Plan, have been incorporated by reference
by the EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of the EPA's approval, and will be incorporated by reference
by the Director of the Federal Register in the next update to the SIP
compilation.\1\ The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region 8 Office (please contact the person identified in the ``For
Further Information Contact'' section of this preamble for more
information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. Statutory and Executive Orders Review
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
actions, provided that they meet the criteria of the Clean Air Act.
Accordingly, this direct final action merely approves a state law as
meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
in a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045(62 FR 19885,
April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
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
[[Page 46838]]
copy of the rule, to each House of the Congress and to the Comptroller
General of the United States. The 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. 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 September 19, 2016. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that the EPA can withdraw this direct final rule and address the
comment in the proposed rulemaking. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 22, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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 paragraph (c) is amended by:
0
a. In the table, under the heading ``R307-401, Permit: New and Modified
Sources'', adding in numerical order, a table entry for ``R307-401-
12'';
0
b. In the table, under the heading ``R307-405. Permits: Major Sources
in Attainment or Unclassified Areas (PSD)'' revising the table entry
for ``R307-405-03''; and
0
c. In the table, under the heading ``R307-410. Permits: Emissions
Impact Analysis'', revising the table entries for ``R307-410-02'' and
``R307-410-06''.
The revisions and addition read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State
Rule No. Rule title effective date Final rule citation, date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R307-401. Permit: New and Modified Sources
* * * * * * *
R307-401- Reduction in Air 08/07/2014 7/19/2016. [Insert Federal .............................
12 Contaminants. Register citation].
* * * * * * *
R307-405. Permits: Major Sources in Attainment or Unclassified Areas (PSD)
* * * * * * *
R307-405- Definitions............... 02/02/2012 7/19/2016. [Insert Federal .............................
03 Register citation].
* * * * * * *
R307-410. Permits: Emissions Impact Analysis
* * * * * * *
R307-410- Definitions............... 08/07/2014 7/19/2016. [Insert Federal .............................
02 Register citation].
* * * * * * *
R307-410- Stack Heights and 08/07/2014 7/19/2016. [Insert Federal .............................
06 Dispersion Techniques. Register citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-16963 Filed 7-18-16; 8:45 am]
BILLING CODE 6560-50-P
