Approval and Promulgation of Air Quality Implementation Plans; State of Utah; General Burning Rule Revisions, 46915-46917 [2017-21612]

Download as PDF 46915 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations EPA-APPROVED SOURCE SPECIFIC REQUIREMENTS—Continued Name of source Order/permit No. * * * * * (e) * * * * * * * * EPA approval date * * Explanation * * * * Effective date * TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES [Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1 Applicable geographic or nonattainment area or title/subject Name of SIP provision State submittal date EPA approval date Explanation The State of Arizona Air Pollution Control Implementation Plan Clean Air Act Section 110(a)(2) State Implementation Plan Elements (Excluding Part D Elements and Plans) * * Arizona State Implementation Plan Revision to the Arizona Regional Haze Plan for the Salt River Project Coronado Generating Station, excluding Appendix B. * * Source-Specific ........... * * * * December 15, 2016 .... * * October 10, 2017, [INSERT Federal Register CITATION]. * * BART Alternative for Coronado Generating Station adopted December 14, 2016. * * 1 Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas. * * * * * 3. Section 52.145 is amended by: a. Removing and reserving paragraph (e)(1). ■ b. Removing paragraphs (e)(2)(iii)– (vi). ■ c. Removing and reserving paragraph (f). ■ ■ [FR Doc. 2017–21604 Filed 10–6–17; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2015–0617; FRL–9969–04– Region 8] Approval and Promulgation of Air Quality Implementation Plans; State of Utah; General Burning Rule Revisions Environmental Protection Agency (EPA). ACTION: Final rule. Pmangrum on DSK3GDR082PROD with RULES AGENCY: The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Utah on January 28, 2013, and July 8, 2015. The submittals request SIP revisions to the State’s General Burning rule; a repeal VerDate Sep<11>2014 14:55 Oct 06, 2017 Jkt 244001 This rule is effective on November 9, 2017. DATES: The EPA has established a docket for this action under Docket ID No. EPA–R08–OAR–2015–0617. 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 through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. ADDRESSES: BILLING CODE 6560–50–P SUMMARY: and reenactment of the General Burning rule with changes to applicability, timing and duration of burning windows, and an amendment to exempt Native American ceremonial burning during restricted burning days. FOR FURTHER INFORMATION CONTACT: Chris Dresser, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P–AR, 1595 Wynkoop Street, Denver, Colorado PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 80202–1129, (303) 312–6385, dresser.chris@epa.gov. SUPPLEMENTARY INFORMATION: I. Background In our notice of proposed rulemaking published on July 13, 2017 (82 FR 32282), the EPA proposed to approve Utah’s January 28, 2013 SIP submission, which repeals and reenacts the General Burning provisions in R307–202 with several amendments (discussed in the proposed rulemaking). Additionally, the EPA proposed approval of Utah’s July 8, 2015 revisions, which exempts ceremonial burning conducted by a ‘‘Native American spiritual advisor’’ during restricted burn days. In this rulemaking, we are taking final action on both SIP submittals. The reasons for our approval are provided in detail in the proposed rule. II. Response to Comments We received no comments on the proposed rule. III. Final Action For the reasons expressed in the proposed rule, the EPA is approving revisions to Sections in R307–202 of the State’s General Burning provisions from the January 28, 2013 and July 8, 2015 submittals. E:\FR\FM\10OCR1.SGM 10OCR1 46916 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 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 Utah General Burning provisions described in the amendments set forth to 40 CFR part 52 below. 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). Therefore, these materials have been approved by the EPA for inclusion in the SIP, 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 V. Statutory and Executive Orders Review Under the CAA, 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 CAA. Accordingly, this final action merely approves some state law as meeting federal requirements; this final action does not impose additional requirements beyond those imposed by state law. For that reason, this final action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, Oct. 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Pmangrum on DSK3GDR082PROD with RULES 1 62 FR 27968 (May 22, 1997). VerDate Sep<11>2014 14:55 Oct 06, 2017 Jkt 244001 • 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, Aug. 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 CAA; 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, Feb. 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 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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 December 11, 2017. 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: September 25, 2017. Suzanne J. Bohan, Acting 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 2. In § 52.2320, the table in paragraph (c) is amended by revising the entry ‘‘R307–202’’ to read as follows: ■ § 52.2320 * Identification of plan. * * (c) * * * E:\FR\FM\10OCR1.SGM 10OCR1 * * Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations Rule No. State effective date Rule title * * * * Final rule citation, date * * 46917 Comments * R307–202. Emission Standards: General Burning R307–202 .................. Emission Standards: General Burning ......... * * * * * * * [FR Doc. 2017–21612 Filed 10–6–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2015–0204; FRL–9969–03– Region 9] Interim Final Determination To Defer Sanctions; California; Los AngelesSouth Coast Air Basin Environmental Protection Agency (EPA). ACTION: Interim final rule. AGENCY: The Environmental Protection Agency (EPA) is making an interim final determination to defer the imposition of offset and highway sanctions in the Los Angeles-South Coast air basin (‘‘South Coast’’) based on a proposed approval of revisions to the South Coast portion of the California State Implementation Plan (SIP) published elsewhere in this Federal Register. The revisions concern Clean Air Act (CAA) reasonably available control measures/reasonably available control technology (RACM/ RACT) and reasonable further progress (RFP) requirements for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) in the South Coast. DATES: This interim final determination is effective on October 10, 2017. However, comments will be accepted until November 9, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2015–0204 at https:// www.regulations.gov, or via email to Wienke Tax, Air Planning Office, at tax.wienke@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Pmangrum on DSK3GDR082PROD with RULES SUMMARY: VerDate Sep<11>2014 14:55 Oct 06, 2017 Jkt 244001 * 10/6/2014 * Insert Federal Register citation], 10/10, 2017. * 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, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For 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: Wienke Tax, Air Planning Office (AIR– 2), U.S. Environmental Protection Agency, Region IX, (415) 947–4192, tax.wienke@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. I. Background On April 14, 2016 (80 FR 22025), we published a final action to partially approve and partially disapprove SIP revisions submitted by California to address CAA Moderate area attainment plan requirements for the 2006 24-hour PM2.5 NAAQS in the South Coast nonattainment area (‘‘2012 PM2.5 Plan’’). As part of that action, we disapproved two elements of the 2012 PM2.5 Plan because they did not fully meet the requirements for RACM/RACT-level controls under sections 189(a)(1)(C) and 172(c)(1) of the CAA and thus also did not meet the requirement for RFP under section 172(c)(2) of the CAA. This disapproval action became effective on May 16, 2016, and started a sanctions clock for imposition of offset sanctions 18 months after May 16, 2016, and PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 * * highway sanctions 6 months later, pursuant to CAA section 179 and our regulations at 40 CFR 52.31. Therefore, offset sanctions will apply on November 16, 2017, and highway sanctions will apply on May 16, 2018, unless the EPA determines that the deficiencies forming the bases for the disapprovals have been corrected. On March 17, 2017, the State of California submitted, as a revision to the California SIP, amendments to the South Coast Air Quality Management District’s (SCAQMD or ‘‘District’’) Regional Clean Air Incentives Market (RECLAIM) program, which consists of SCAQMD rules 2000 to 2020 and applies to stationary sources that emit at least four tons per year of nitrogen oxides or sulfur oxides in the South Coast. Additionally, on May 22, 2017, CARB submitted the SCAQMD’s public draft version of the ‘‘Supplemental RACM/RACT Analysis for the 2006 24Hour PM2.5 and 2008 8-Hour Ozone Standards’’ (‘‘2017 RACT Supplement’’).1 We proposed to approve the revised RECLAIM rules on June 6, 2017 (82 FR 25996), and fully approved these rules on September 14, 2017 (82 FR 43176). We proposed to approve the 2017 RACT Supplement on June 15, 2017 (82 FR 27451), and fully approved it on September 20, 2017 (82 FR 43850).2 In the Proposed Rules section of today’s Federal Register, we are proposing to approve the RACM/RACT and RFP demonstrations in the 2012 PM2.5 Plan based on our final approvals of the revised RECLAIM rules and the 1 California submitted the 2017 RACT Supplement to address deficiencies identified in both the EPA’s April 14, 2016 partial disapproval of the 2012 PM2.5 Plan and the EPA’s separate proposal to partially disapprove the District’s ‘‘2016 AQMP Reasonably Available Control Technology (RACT) Demonstration,’’ which California had submitted to address RACT requirements under CAA section 182(b) and (f) and 40 CFR 51.1112 for the 2008 ozone NAAQS in the South Coast and Coachella Valley nonattainment areas (see 82 FR 27451, June 15, 2017). 2 California adopted the 2017 RACT Supplement on July 7, 2017, and submitted it to the EPA on July 27, 2017. E:\FR\FM\10OCR1.SGM 10OCR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46915-46917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21612]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2015-0617; FRL-9969-04-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; General Burning Rule 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 28, 2013, and July 8, 2015. The submittals request SIP
revisions to the State's General Burning rule; a repeal and reenactment
of the General Burning rule with changes to applicability, timing and
duration of burning windows, and an amendment to exempt Native American
ceremonial burning during restricted burning days.

DATES: This rule is effective on November 9, 2017.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2015-0617. 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 through https://www.regulations.gov, or please contact the person identified in the For
Further Information Contact section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Chris Dresser, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6385,
dresser.chris@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

In our notice of proposed rulemaking published on July 13, 2017 (82
FR 32282), the EPA proposed to approve Utah's January 28, 2013 SIP
submission, which repeals and reenacts the General Burning provisions
in R307-202 with several amendments (discussed in the proposed
rulemaking). Additionally, the EPA proposed approval of Utah's July 8,
2015 revisions, which exempts ceremonial burning conducted by a
``Native American spiritual advisor'' during restricted burn days. In
this rulemaking, we are taking final action on both SIP submittals. The
reasons for our approval are provided in detail in the proposed rule.

II. Response to Comments

We received no comments on the proposed rule.

III. Final Action

For the reasons expressed in the proposed rule, the EPA is
approving revisions to Sections in R307-202 of the State's General
Burning provisions from the January 28, 2013 and July 8, 2015
submittals.

[[Page 46916]]

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 Utah
General Burning provisions described in the amendments set forth to 40
CFR part 52 below. 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).
Therefore, these materials have been approved by the EPA for
inclusion in the SIP, 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\
---------------------------------------------------------------------------

\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Orders Review

Under the CAA, 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 CAA. Accordingly, this
final action merely approves some state law as meeting federal
requirements; this final action does not impose additional requirements
beyond those imposed by state law. For that reason, this final action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, Oct. 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
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, Aug. 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 CAA; 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, Feb. 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 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 December 11, 2017. 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements.

Authority: 42 U.S.C. 7401 et seq.

Dated: September 25, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.

40 CFR part 52 is amended to read as follows:

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. In Sec. 52.2320, the table in paragraph (c) is amended by revising
the entry ``R307-202'' to read as follows:

Sec. 52.2320 Identification of plan.

* * * * *
(c) * * *

[[Page 46917]]

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State
Rule No. Rule title effective date Final rule citation, date Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
R307-202. Emission Standards: General Burning
--------------------------------------------------------------------------------------------------------------------------------------------------------
R307-202......................... Emission Standards: 10/6/2014 Insert Federal Register citation],
General Burning. 10/10, 2017.
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* * * * * * *
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* * * * *
[FR Doc. 2017-21612 Filed 10-6-17; 8:45 am]
BILLING CODE 6560-50-P

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