Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2,, 50626-50628 [2016-18154]
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Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2013–0561, FRL–9949–99–
Region 8]
Promulgation of State Implementation
Plan Revisions; Infrastructure
Requirements for the 2008 Lead, 2008
Ozone, 2010 NO2, 2010 SO2, and 2012
PM2.5 National Ambient Air Quality
Standards; Utah
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
State Implementation Plan (SIP)
revisions from the State of Utah to
demonstrate the State meets
infrastructure requirements of the Clean
Air Act (CAA) for the National Ambient
Air Quality Standards (NAAQS)
promulgated for ozone on March 12,
2008, lead (Pb) on October 15, 2008,
nitrogen dioxide (NO2) on January 22,
2010, sulfur dioxide (SO2) on June 2,
2010 and fine particulate matter (PM2.5)
on December 14, 2012. The EPA is also
approving 110(a)(2)(D)(ii) for the 1997
and 2006 PM2.5 NAAQS. Finally, the
EPA is approving SIP revisions the State
submitted regarding state boards.
DATES: This rule is effective on
September 1, 2016.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2013–0561. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Air Program, Environmental
Protection Agency (EPA), Region 8,
SUMMARY:
1595 Wynkoop Street, Denver, Colorado
80202–1129. The EPA requests that if at
all possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8:00 a.m. to 4:00 p.m., excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT:
Abby Fulton, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6563,
fulton.abby@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Infrastructure requirements for SIPs
are set forth in Section 110(a)(1) and (2)
of the CAA. Section 110(a)(2) lists the
specific infrastructure elements that a
SIP must contain or satisfy.
In our proposed rule, the EPA
proposed to approve and take no action
on some infrastructure elements for the
2008 Pb, 2008 ozone, 2010 NO2, 2010
SO2 and 1997, 2006 and 2012 PM2.5
NAAQS from the State’s certifications.1
In this rulemaking, we are taking final
action to approve infrastructure
elements from the State’s certifications.
We are also taking final action to
approve new Utah Administrative Code
(UAC) provisions submitted on March
14, 2016 to satisfy requirements of
element (E)(ii), state boards.
II. Response to Comments
During the public comment period,
we received a comment regarding
regional haze in California national
parks. This comment does not apply to
this rulemaking.
We also received comments from the
Sierra Club claiming that Utah’s SIP is
inadequate with respect to air
monitoring and modeling requirements
of Sections 110(a)(2)(B) and 110(a)(2)(K)
for the 2010 SO2 NAAQS. The Sierra
Club also contends that Utah’s SO2
infrastructure SIP certification does not
satisfy requirements of CAA Section
110(a)(1) and (2) because it lacks
enforceable emission limits to ensure
the implementation, attainment, and
maintenance of the 2010 SO2 NAAQS
within Utah, as well as adequate
provisions prohibiting sources within
the State from emitting SO2 in amounts
which will contribute to nonattainment
and interfere with maintenance of the
SO2 NAAQS in neighboring states.
Comments received from Western
Resource Advocates (WRA) contend
that, because of language regarding
startup, shutdown, and malfunction
exemptions in Utah’s minor and major
source permits, Utah’s prevention of
significant deterioration (PSD) program
cannot ensure emissions will not cause
or contribute to a violation of any
NAAQS or PSD increment, or that
Utah’s minor source permitting program
protects NAAQS. WRA therefore asserts
that Utah’s infrastructure SIP does not
meet requirements of Section
110(a)(2)(A) and (C). WRA also states
that Utah’s infrastructure SIP does not
meet the requirements of Section
110(a)(2)(F) because monitoring
frequency of emissions is inadequate
and that the State’s SIP does not meet
the public notice requirements of
Section 127.
The EPA generally disagrees with the
Sierra Club and WRA’s comments. A
separate document provides detailed
responses to all significant comments
received and is included in the docket
associated with this action.
III. Final Action
For reasons expressed in the proposed
rule and the response to comments
document, the EPA is taking final action
to approve infrastructure elements from
the State’s certifications as shown in
Table 1. Elements we are taking no
action on are reflected in Table 2. We
are also approving new UAC rules that
the State submitted on March 14, 2016
to satisfy requirements of Section
110(a)(2)(E)(ii), which pertains to state
boards (Table 1).
A comprehensive summary of
infrastructure elements and new UAC
rules being approved into the Utah SIP
through this final rule action are
provided in Table 1 and Table 2.
TABLE 1—LIST OF UTAH INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS APPROVING
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Approval
December 3, 2007 submittal—1997 PM2.5 NAAQS: (D)(ii).
September 21, 2010 submittal—2006 PM2.5 NAAQS: (D)(ii).
January 19, 2012 submittal—2008 Pb NAAQS: (A), (C), (D)(i)(II) element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
June 2, 2013 submittal—2010 SO2 NAAQS: (A), (C), (D)(i)(II) element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
1 ‘‘Where an air agency determines that the
provisions in or referred to by its existing EPA
approved SIP are adequate with respect to a given
infrastructure SIP element (or subelement) even in
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light of the promulgation of a new or revised
NAAQS, the air agency may make a SIP submission
in the form of a certification.’’ EPA’s ‘‘Guidance on
Infrastructure State Implementation Plan (SIP)
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Elements under Clean Air Act Sections 110(a)(1)
and (2),’’ September 13, 2013, at 7.
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50627
TABLE 1—LIST OF UTAH INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS APPROVING—Continued
Approval
January 31, 2013 submittal—2008 Ozone NAAQS: (A), (B), (C), (D)(i)(II) element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
January 31, 2013 submittal—2010 NO2 NAAQS: (A), (C), (D)(i)(II) element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
December 4, 2015 submittal—2012 PM2.5 NAAQS: (A), (C), (D)(i)(II) element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
March 14, 2016 submittal—New UAC Rules, CAA Section 128: R307–104–1, R307–104–2 and R307–104–3.
TABLE 2—LIST OF UTAH INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS TAKING NO ACTION ON
No Action
(Revision to be made in separate rulemaking action)
January 19, 2012 submittal—2008 Pb NAAQS: (B), (D)(i)(I) elements 1 and 2, (D)(i)(II) element 4.
January 31, 2013 submittal—2008 Ozone NAAQS: (D)(i)(I) elements 1 and 2, (D)(i)(II) element 4.
January 31, 2013 submittal—2010 NO2 NAAQS: (B), (D)(i)(I) elements 1 and 2, (D)(i)(II) element 4.
June 2, 2013 submittal—2010 SO2 NAAQS: (B), (D)(i)(I) elements 1 and 2, (D)(i)(II) element 4.
December 4, 2015 submittal—2012 PM2.5 NAAQS: (B), (D)(i)(I) elements 1 and 2, (D)(i)(II) element 4.
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IV. 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 UAC
discussed in section III, Final Action of
this preamble. 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
preamble for more information).
V. 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 choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
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• 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).
In addition, 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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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 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 October 3, 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. 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,
Greenhouse gases, Lead, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 19, 2016.
Shaun L. McGrath,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
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Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Subpart TT—Utah
2. Amend § 52.2320, paragraph (c)
table, by adding in numerical order,
center heading ‘‘R307–104. Conflict of
■
1. The authority citation for part 52
continues to read as follows:
■
Rule No.
*
§ 52.2320
*
*
*
Identification of plan.
*
*
(c) * * *
State
effective
date
Rule title
*
Interest’’ and entries ‘‘R307–104–01’’,
‘‘R307–104–02’’, and ‘‘R307–104–03’’ to
read as follow:
*
*
Final rule
citation,
date
*
*
Comments
*
R307–104. Conflict of Interest
R307–104–01 ...........................
Authority ..................................
6/01/2016 ................................
R307–104–02 ...........................
Purpose ...................................
6/01/2016 ................................
R307–104–03 ...........................
Disclosure of conflict of interest.
6/01/2016 ................................
*
*
*
*
*
*
*
*
3. Amend § 52.2355 by adding
paragraph (c) to read as follows:
40 CFR Part 52
§ 52.2355 Section 110(a)(2) infrastructure
requirements.
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*
*
*
*
(c) Gary R. Herbert, Governor, State of
Utah, provided submissions to meet the
infrastructure requirements for the State
of Utah for the 1997 PM2.5 NAAQS on
December 3, 2007; 2006 PM2.5 NAAQS
on September 21, 2010; 2008 Pb
NAAQS on January 19, 2012; 2008
ozone NAAQS on January 31, 2013;
2010 NO2 NAAQS on January 31, 2013;
2010 SO2 NAAQS on June 2, 2013; and
2012 PM2.5 on December 4, 2015. The
State’s Infrastructure SIP is approved
with respect to the 1997 and 2006 PM2.5
NAAQS with respect to CAA Section
110(a)(1) and element (D)(ii) of Section
110(a)(2). The State’s Infrastructure SIP
is approved with respect to the 2008
ozone NAAQS with respect to CAA
Section 110(a)(1) and the following
elements of Section 110(a)(2): (A), (B),
(C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M). The State’s
Infrastructure SIP is approved with
respect to the 2008 Pb, 2010 SO2, 2010
NO2, and 2012 PM2.5 NAAQS with
respect to CAA Section 110(a)(1) and
the following elements of Section
110(a)(2): (A), (C), (D)(i)(II) prong 3,
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M).
[FR Doc. 2016–18154 Filed 8–1–16; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
■
*
*
[EPA–R04–OAR–2015–0361; FRL–9950–01–
Region 4]
Air Plan Approval; Florida; Regional
Haze Progress Report
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Florida
through the Florida Department of
Environmental Protection (FDEP) on
March 10, 2015. Florida’s March 10,
2015, SIP revision (Progress Report)
addresses requirements of the Clean Air
Act (CAA or Act) and EPA’s rules that
require states to submit periodic reports
describing progress towards reasonable
progress goals (RPGs) established for
regional haze and a determination of the
adequacy of a state’s existing SIP
addressing regional haze (regional haze
plan). EPA is approving Florida’s
Progress Report on the basis that it
addresses the progress report and
adequacy determination requirements
for the first implementation period for
regional haze.
DATES: This rule will be effective
September 1, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2015–0361. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
SUMMARY:
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[Insert Federal Register citation], 8/02/2016.
[Insert Federal Register citation], 8/02/2016.
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*
*
some information may not be publicly
available, i.e., Confidential Business
Information 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 Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr.
Lakeman can be reached by phone at
(404) 562–9043 and via electronic mail
at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Under the Regional Haze Rule,1 each
state is required to submit a progress
1 Located
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in 40 CFR part 51, subpart P.
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[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Rules and Regulations]
[Pages 50626-50628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18154]
[[Page 50626]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2013-0561, FRL-9949-99-Region 8]
Promulgation of State Implementation Plan Revisions;
Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010
NO2, 2010 SO2, and 2012 PM2.5 National
Ambient Air Quality Standards; Utah
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of State Implementation Plan (SIP) revisions from the State of
Utah to demonstrate the State meets infrastructure requirements of the
Clean Air Act (CAA) for the National Ambient Air Quality Standards
(NAAQS) promulgated for ozone on March 12, 2008, lead (Pb) on October
15, 2008, nitrogen dioxide (NO2) on January 22, 2010, sulfur
dioxide (SO2) on June 2, 2010 and fine particulate matter
(PM2.5) on December 14, 2012. The EPA is also approving
110(a)(2)(D)(ii) for the 1997 and 2006 PM2.5 NAAQS. Finally,
the EPA is approving SIP revisions the State submitted regarding state
boards.
DATES: This rule is effective on September 1, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2013-0561. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
through https://www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. The EPA requests that if at all possible,
you contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy of the docket. You may view the
hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m.,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6563,
fulton.abby@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Infrastructure requirements for SIPs are set forth in Section
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific
infrastructure elements that a SIP must contain or satisfy.
In our proposed rule, the EPA proposed to approve and take no
action on some infrastructure elements for the 2008 Pb, 2008
ozone, 2010 NO2, 2010 SO2 and 1997,
2006 and 2012 PM2.5 NAAQS from the State's
certifications.\1\ In this rulemaking, we are taking final action to
approve infrastructure elements from the State's certifications. We are
also taking final action to approve new Utah Administrative Code (UAC)
provisions submitted on March 14, 2016 to satisfy requirements of
element (E)(ii), state boards.
---------------------------------------------------------------------------
\1\ ``Where an air agency determines that the provisions in or
referred to by its existing EPA approved SIP are adequate with
respect to a given infrastructure SIP element (or subelement) even
in light of the promulgation of a new or revised NAAQS, the air
agency may make a SIP submission in the form of a certification.''
EPA's ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and (2),'' September
13, 2013, at 7.
---------------------------------------------------------------------------
II. Response to Comments
During the public comment period, we received a comment regarding
regional haze in California national parks. This comment does not apply
to this rulemaking.
We also received comments from the Sierra Club claiming that Utah's
SIP is inadequate with respect to air monitoring and modeling
requirements of Sections 110(a)(2)(B) and 110(a)(2)(K) for the 2010
SO2 NAAQS. The Sierra Club also contends that Utah's
SO2 infrastructure SIP certification does not satisfy
requirements of CAA Section 110(a)(1) and (2) because it lacks
enforceable emission limits to ensure the implementation, attainment,
and maintenance of the 2010 SO2 NAAQS within Utah, as well
as adequate provisions prohibiting sources within the State from
emitting SO2 in amounts which will contribute to
nonattainment and interfere with maintenance of the SO2
NAAQS in neighboring states.
Comments received from Western Resource Advocates (WRA) contend
that, because of language regarding startup, shutdown, and malfunction
exemptions in Utah's minor and major source permits, Utah's prevention
of significant deterioration (PSD) program cannot ensure emissions will
not cause or contribute to a violation of any NAAQS or PSD increment,
or that Utah's minor source permitting program protects NAAQS. WRA
therefore asserts that Utah's infrastructure SIP does not meet
requirements of Section 110(a)(2)(A) and (C). WRA also states that
Utah's infrastructure SIP does not meet the requirements of Section
110(a)(2)(F) because monitoring frequency of emissions is inadequate
and that the State's SIP does not meet the public notice requirements
of Section 127.
The EPA generally disagrees with the Sierra Club and WRA's
comments. A separate document provides detailed responses to all
significant comments received and is included in the docket associated
with this action.
III. Final Action
For reasons expressed in the proposed rule and the response to
comments document, the EPA is taking final action to approve
infrastructure elements from the State's certifications as shown in
Table 1. Elements we are taking no action on are reflected in Table 2.
We are also approving new UAC rules that the State submitted on March
14, 2016 to satisfy requirements of Section 110(a)(2)(E)(ii), which
pertains to state boards (Table 1).
A comprehensive summary of infrastructure elements and new UAC
rules being approved into the Utah SIP through this final rule action
are provided in Table 1 and Table 2.
Table 1--List of Utah Infrastructure Elements and Revisions That the EPA
Is Approving
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Approval
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December 3, 2007 submittal--1997 PM2.5 NAAQS: (D)(ii).
September 21, 2010 submittal--2006 PM2.5 NAAQS: (D)(ii).
January 19, 2012 submittal--2008 Pb NAAQS: (A), (C), (D)(i)(II) element
3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
June 2, 2013 submittal--2010 SO2 NAAQS: (A), (C), (D)(i)(II) element 3,
(D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
[[Page 50627]]
January 31, 2013 submittal--2008 Ozone NAAQS: (A), (B), (C), (D)(i)(II)
element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
January 31, 2013 submittal--2010 NO2 NAAQS: (A), (C), (D)(i)(II) element
3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
December 4, 2015 submittal--2012 PM2.5 NAAQS: (A), (C), (D)(i)(II)
element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
March 14, 2016 submittal--New UAC Rules, CAA Section 128: R307-104-1,
R307-104-2 and R307-104-3.
------------------------------------------------------------------------
Table 2--List of Utah Infrastructure Elements and Revisions That the EPA
Is Taking No Action On
------------------------------------------------------------------------
No Action (Revision to be made in separate rulemaking action)
-------------------------------------------------------------------------
January 19, 2012 submittal--2008 Pb NAAQS: (B), (D)(i)(I) elements 1 and
2, (D)(i)(II) element 4.
January 31, 2013 submittal--2008 Ozone NAAQS: (D)(i)(I) elements 1 and
2, (D)(i)(II) element 4.
January 31, 2013 submittal--2010 NO2 NAAQS: (B), (D)(i)(I) elements 1
and 2, (D)(i)(II) element 4.
June 2, 2013 submittal--2010 SO2 NAAQS: (B), (D)(i)(I) elements 1 and 2,
(D)(i)(II) element 4.
December 4, 2015 submittal--2012 PM2.5 NAAQS: (B), (D)(i)(I) elements 1
and 2, (D)(i)(II) element 4.
------------------------------------------------------------------------
IV. 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 UAC
discussed in section III, Final Action of this preamble. 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 preamble for
more information).
V. 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
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, 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).
In addition, 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 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 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 October 3, 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. 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, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 19, 2016.
Shaun L. McGrath,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
[[Page 50628]]
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. Amend Sec. 52.2320, paragraph (c) table, by adding in numerical
order, center heading ``R307-104. Conflict of Interest'' and entries
``R307-104-01'', ``R307-104-02'', and ``R307-104-03'' to read as
follow:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State effective Final rule
Rule No. Rule title date citation, date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-104. Conflict of Interest
----------------------------------------------------------------------------------------------------------------
R307-104-01..................... Authority.......... 6/01/2016......... [Insert Federal
Register
citation], 8/02/
2016.
R307-104-02..................... Purpose............ 6/01/2016......... [Insert Federal
Register
citation], 8/02/
2016.
R307-104-03..................... Disclosure of 6/01/2016......... [Insert Federal
conflict of Register
interest. citation], 8/02/
2016.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Amend Sec. 52.2355 by adding paragraph (c) to read as follows:
Sec. 52.2355 Section 110(a)(2) infrastructure requirements.
* * * * *
(c) Gary R. Herbert, Governor, State of Utah, provided submissions
to meet the infrastructure requirements for the State of Utah for the
1997 PM2.5 NAAQS on December 3, 2007; 2006 PM2.5
NAAQS on September 21, 2010; 2008 Pb NAAQS on January 19, 2012; 2008
ozone NAAQS on January 31, 2013; 2010 NO2 NAAQS on January
31, 2013; 2010 SO2 NAAQS on June 2, 2013; and 2012
PM2.5 on December 4, 2015. The State's Infrastructure SIP is
approved with respect to the 1997 and 2006 PM2.5 NAAQS with
respect to CAA Section 110(a)(1) and element (D)(ii) of Section
110(a)(2). The State's Infrastructure SIP is approved with respect to
the 2008 ozone NAAQS with respect to CAA Section 110(a)(1) and the
following elements of Section 110(a)(2): (A), (B), (C), (D)(i)(II)
prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). The
State's Infrastructure SIP is approved with respect to the 2008 Pb,
2010 SO2, 2010 NO2, and 2012 PM2.5
NAAQS with respect to CAA Section 110(a)(1) and the following elements
of Section 110(a)(2): (A), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F),
(G), (H), (J), (K), (L), and (M).
[FR Doc. 2016-18154 Filed 8-1-16; 8:45 am]
BILLING CODE 6560-50-P
