Utah: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference, 55340-55341 [2018-24061]

Download as PDF 55340 Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules sources in or impacting upon nonattainment areas. Kentucky addresses requirements for public participation and public availability of information through 401 KAR 52:100, Public, affected state, and U.S. EPA review. 401 KAR 50:060, Enforcement, establishes legally enforceable procedures. Air dispersion modeling requirements under the NSR permitting process are addressed in 401 KAR 51:017; 401 KAR 51:052; and 401 KAR 50:040, Air quality models. 401 KAR 50:065, Conformity of general federal actions, sets forth procedures for determining the conformity of general federal actions to the Kentucky SIP and requires consultation between federal government and state government, and, as applicable, any local agency. 401 KAR 50:042, Good engineering practice stack height, addresses stack height requirements. Further, Kentucky’s May 2, 2018, correspondence describes how minor sources are evaluated in the NSR permitting process, including how these sources are incorporated into NSR air dispersion modeling analyses as relevant to each case. Based on the information Kentucky provided in its SIP submissions dated February 8, 2016, and April 26, 2013, and clarified in correspondence to EPA dated December 18, 2017, and May 2, 2018, EPA is proposing to determine Kentucky has a SIP-approved minor NSR program that addresses the pollutants relevant to the 2012 PM2.5, 2010 NO2, and 2010 SO2 NAAQS. EPA has therefore made the preliminary determination that Kentucky’s SIP satisfies section 110(a)(2)(C) for new and modified minor sources and minor modifications of major sources related to the 2012 PM2.5, 2010 NO2, and 2010 SO2 NAAQS. IV. Proposed Action As described above, EPA is proposing to approve the portions of the infrastructure SIP submissions from Kentucky dated February 8, 2016, and April 26, 2013, addressing the minor source requirements of section 110(a)(2)(C) of the CAA for the 2012 PM2.5, 2010 NO2, and 2010 SO2 NAAQS. EPA is proposing approval of the minor source portions of these submissions because they are consistent with section 110 of the CAA. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, VerDate Sep<11>2014 17:06 Nov 02, 2018 Jkt 247001 EPA’s role is to approve state choices, provided they meet the criteria of the CAA. These actions merely propose to approve state law as meeting Federal requirements and do not impose additional requirements beyond those imposed by state law. For that reason, these proposed actions: • Are not significant regulatory actions 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); • Are not Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory actions because SIP approvals are exempted under Executive Order 12866; • Do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Are 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.); • Do 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); • Do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Are 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 • Do not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Reporting and recordkeeping requirements, Particulate matter, Sulfur dioxide. Authority: 42 U.S.C. 7401 et seq. Dated: October 25, 2018. Onis ‘‘Trey’’ Glen, III, Regional Administrator, Region 4. [FR Doc. 2018–24203 Filed 11–2–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 282 [EPA–R08–UST–2018–0169; FRL–9982–20– Region 8] Utah: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to the State of Utah’s Underground Storage Tank (UST) program submitted by the State. This action is based on EPA’s determination that the State’s revisions satisfy all requirements for UST program approval. This action also proposes to codify Utah’s state program as revised by Utah and approved by the EPA and to incorporate by reference the State regulations that we have determined meet the requirements for approval. The State’s federally-authorized and codified UST program, as revised pursuant to this action, will remain subject to the EPA’s inspection and enforcement authorities under sections 9005 and 9006 of RCRA subtitle I and other applicable statutory and regulatory provisions. SUMMARY: Send written comments by December 5, 2018. ADDRESSES: Submit your comments by one of the following methods: 1. Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. 2. Email: langenfeld.matthew@ epa.gov. 3. Mail: Matthew Langenfeld, Region 8, Project Officer, UST, Solid Waste and PCB Unit, Resource Conservation and DATES: E:\FR\FM\05NOP1.SGM 05NOP1 Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules Recovery Program, Office of Partnerships and Regulatory Assistance (8P–R), EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129. 4. Hand Delivery or Courier: Deliver your comments to Matthew Langenfeld, Region 8, Project Officer, UST, Solid Waste and PCB Unit, Resource Conservation and Recovery Program, Office of Partnerships and Regulatory Assistance (8P–R), EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129. Instructions: Direct your comments to Docket ID No. EPA–R08–UST–2018– 0169. The EPA’s policy is that all comments received will be included in the public docket without change and may be available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov, or email. The federal https://www.regulations.gov website is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through https:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA cannot read your comment due to technical difficulties, and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. You can view and copy the documents that form the basis for this action and associated publicly available materials from 8:30 a.m. to 4:00 p.m. Monday through Friday at the following location: EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129, phone number (303) 312–6284. Interested persons wanting to examine these documents should make an appointment with the office at least 2 days in advance. VerDate Sep<11>2014 17:06 Nov 02, 2018 Jkt 247001 FOR FURTHER INFORMATION CONTACT: Matthew Langenfeld, (303) 312–6284, Region 8, Project Officer, UST, Solid Waste and PCB Unit, Resource Conservation and Recovery Program, Office of Partnerships and Regulatory Assistance (8P–R), EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129, phone number (303) 312– 6284, email address: Langenfeld.matthew@epa.gov. SUPPLEMENTARY INFORMATION: For additional information, see the direct final rule published in the ‘‘Rules and Regulations’’ section of this Federal Register. Authority: This rule is issued under the authority of Sections 2002(a), 9004, and 7004(b) of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e. List of Subjects in 40 CFR Part 282 Environmental protection, Administrative practice and procedure, Hazardous substances, Incorporation by Reference, State program approval, Underground storage tanks. Dated: October 26, 2018. Douglas Benevento, Regional Administrator, EPA Region 8. [FR Doc. 2018–24061 Filed 11–2–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R4–ES–2013–0010; 4500030114] RIN 1018–BD54 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Spring Pygmy Sunfish Fish and Wildlife Service, Interior. ACTION: Proposed rule; revision and reopening of comment period. AGENCY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our October 2, 2012, proposed rule to designate critical habitat for the spring pygmy sunfish (Elassoma alabamae), under the Endangered Species Act of 1973, as amended (Act). In this document, we propose to add one critical habitat unit (123 hectares (ha) (303 acres (ac)) in Madison County, Alabama, to the critical habitat designation. As a result, our proposed revised critical habitat designation for the species now includes three critical SUMMARY: PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 55341 habitat units, totaling approximately 749 ha (1,852 ac), in Alabama. This reopened comment period will provide the public with an opportunity to submit written comments on both the revision described in this document and the October 2, 2012, proposed rule, as well as intervening relevant publications. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule. DATES: The comment period for the proposed rule published October 2, 2012, at 77 FR 60180 is reopened. We will consider comments received or postmarked on or before December 5, 2018. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date. ADDRESSES: You may submit written comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: https:// www.regulations.gov. In the Search box, enter FWS–R4–ES–2013–0010, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting page, in the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rule box to locate this document. You may submit a comment by clicking on ‘‘Comment Now!’’ (2) By hard copy: Submit your comments by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS–R4–ES–2013–0010, U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041– 3803. We request that you send comments only by methods described above. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see Public Comments, below, for more details). FOR FURTHER INFORMATION CONTACT: William Pearson, Field Supervisor, Alabama Ecological Services Field Office, 1208 Main Street, Daphne, AL 36526; telephone 251–441–5181. If you use a telecommunications device for the deaf (TDD), please call the Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: Public Comments We will accept written comments and information during this reopened comment period on our proposed designation of critical habitat for the spring pygmy sunfish that was published in the Federal Register on E:\FR\FM\05NOP1.SGM 05NOP1

Agencies

[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Proposed Rules]
[Pages 55340-55341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24061]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R08-UST-2018-0169; FRL-9982-20-Region 8]


Utah: Final Approval of State Underground Storage Tank Program 
Revisions, Codification, and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA 
or Act), the Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State of Utah's Underground Storage Tank (UST) 
program submitted by the State. This action is based on EPA's 
determination that the State's revisions satisfy all requirements for 
UST program approval. This action also proposes to codify Utah's state 
program as revised by Utah and approved by the EPA and to incorporate 
by reference the State regulations that we have determined meet the 
requirements for approval. The State's federally-authorized and 
codified UST program, as revised pursuant to this action, will remain 
subject to the EPA's inspection and enforcement authorities under 
sections 9005 and 9006 of RCRA subtitle I and other applicable 
statutory and regulatory provisions.

DATES: Send written comments by December 5, 2018.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the online instructions for submitting comments.
    2. Email: [email protected].
    3. Mail: Matthew Langenfeld, Region 8, Project Officer, UST, Solid 
Waste and PCB Unit, Resource Conservation and

[[Page 55341]]

Recovery Program, Office of Partnerships and Regulatory Assistance (8P-
R), EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
    4. Hand Delivery or Courier: Deliver your comments to Matthew 
Langenfeld, Region 8, Project Officer, UST, Solid Waste and PCB Unit, 
Resource Conservation and Recovery Program, Office of Partnerships and 
Regulatory Assistance (8P-R), EPA Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.
    Instructions: Direct your comments to Docket ID No. EPA-R08-UST-
2018-0169. The EPA's policy is that all comments received will be 
included in the public docket without change and may be available 
online at https://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through https://www.regulations.gov, or email. The federal https://www.regulations.gov 
website is an ``anonymous access'' system, which means the EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an email comment directly to the EPA 
without going through https://www.regulations.gov, your email address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the internet. If 
you submit an electronic comment, the EPA recommends that you include 
your name and other contact information in the body of your comment and 
with any disk or CD-ROM you submit. If the EPA cannot read your comment 
due to technical difficulties, and cannot contact you for 
clarification, the EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses.
    You can view and copy the documents that form the basis for this 
action and associated publicly available materials from 8:30 a.m. to 
4:00 p.m. Monday through Friday at the following location: EPA Region 
8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, phone number (303) 
312-6284. Interested persons wanting to examine these documents should 
make an appointment with the office at least 2 days in advance.

FOR FURTHER INFORMATION CONTACT: Matthew Langenfeld, (303) 312-6284, 
Region 8, Project Officer, UST, Solid Waste and PCB Unit, Resource 
Conservation and Recovery Program, Office of Partnerships and 
Regulatory Assistance (8P-R), EPA Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129, phone number (303) 312-6284, email 
address: [email protected]

SUPPLEMENTARY INFORMATION: For additional information, see the direct 
final rule published in the ``Rules and Regulations'' section of this 
Federal Register.

    Authority: This rule is issued under the authority of Sections 
2002(a), 9004, and 7004(b) of the Solid Waste Disposal Act, as 
amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

List of Subjects in 40 CFR Part 282

    Environmental protection, Administrative practice and procedure, 
Hazardous substances, Incorporation by Reference, State program 
approval, Underground storage tanks.

    Dated: October 26, 2018.
Douglas Benevento,
Regional Administrator, EPA Region 8.
[FR Doc. 2018-24061 Filed 11-2-18; 8:45 am]
 BILLING CODE 6560-50-P
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