Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Revisions to Nonattainment Permitting Regulations, 35831-35833 [2019-15795]
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Federal Register / Vol. 84, No. 143 / Thursday, July 25, 2019 / Rules and Regulations
TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY—Continued
EPA approval
date
Reg
Title/subject
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1.02 ..................
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Definitions ........................................
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District
effective
date
Federal Register notice
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7/25/2019 [Insert citation of publication] ..........
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Explanation
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09/21/2016
*
*
Reg 2—Permit Requirements
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2.17 ..................
*
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Federally Enforceable District Origin Operating Permits.
*
*
*
*
*
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[FR Doc. 2019–15762 Filed 7–24–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0063; FRL–9996–96–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Utah; Revisions to Nonattainment
Permitting Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve State Implementation Plan
(SIP) revisions submitted by the State of
Utah on March 27, 2014, and August 7,
2018. The submittals revise the portions
of the Utah Administrative Code (UAC)
that pertain to the issuance of Utah air
quality permits for major sources in
nonattainment areas. This action is
being taken under the Clean Air Act
(CAA or Act).
DATES: This final rule is effective on
August 26, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0063. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
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SUMMARY:
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7/25/2019 [Insert citation of publication] ..........
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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:
Kevin Leone, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–QP, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6227, leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The EPA is taking final action to fully
approve two revisions submitted by the
State of Utah on March 27, 2014, and
August 7, 2018. The EPA published a
proposed rulemaking for these
submittals on June 5, 2019 (84 FR
26049). As stated in our proposed
rulemaking, Utah submitted revisions to
their nonattainment New Source Review
(NNSR) permitting program on August
20, 2013. The August 20, 2013 submittal
added volatile organic compounds
(VOCs) as a fine particulate matter
(PM2.5) precursor to the NNSR program;
however, the submittal did not establish
a significant emissions rate (SER) for
VOC to determine when a modification
at an existing major source would be a
major modification subject to NNSR
review. On March 27, 2014, Utah
submitted a revision to address the
omission and establish the VOC SER.
The EPA determined that Utah needed
to submit further revisions to address
the remaining deficiencies in the NNSR
permitting program in order for the EPA
to fully approve Utah’s August 20, 2013
submittal. These deficiencies are
outlined in our proposed rulemaking.
On September 30, 2016 Utah
submitted to the EPA a letter
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5/15/2013
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committing to address the remaining
deficiencies in the State’s
nonattainment permitting program in
R307–403 that were not addressed in
the August 20, 2013 submittal (see
docket). Based on the September 30,
2016 commitment letter, on February 3,
2017 (82 FR 918), the EPA conditionally
approved Utah’s August 20, 2013
submittal. On October 5, 2017 (82 FR
46417), we approved a June 29, 2017
submittal that, among other things,
addressed the deficiency in R307–403–
6 identified in our conditional approval.
On August 7, 2018, Utah submitted
further revisions to address the
remaining deficiencies in their NNSR
program. This submittal also provides a
technical demonstration for exempting
ammonia as a PM2.5 precursor in the
Logan, Utah-Idaho PM2.5 nonattainment
areas and a technical basis for setting an
ammonia SER of 70 tons per year in the
Salt Lake City and Provo PM2.5
nonattainment areas.
We provided a detailed explanation of
the basis for our proposed approval in
our June 5, 2019, rulemaking, which
will not be restated here. See 84 FR
26049. We invited comment on all
aspects of our proposal and provided a
30-day comment period. The comment
period ended on July 5, 2019.
II. Response to Comments
We received no comments during the
public comment period.
III. Final Action
As outlined in our proposed
rulemaking, the EPA is taking final
action to approve the addition of new
and revised rules and renumbering to
rules R307–101 and R307–403 that were
submitted by Utah on March 27, 2014
and August 7, 2018. This final action, in
tandem with our October 5, 2017
approval of R307–403–6, converts the
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Federal Register / Vol. 84, No. 143 / Thursday, July 25, 2019 / Rules and Regulations
February 3, 2017 conditional approval
to a full approval.
Specifically, we are taking final action
to approve the following revisions:
R307–101 (General Requirements)—
R307–101–2 (Definitions); R307–403
(Permits: New and Modified Sources in
Nonattainment Areas and Maintenance
Areas)—R307–403–1 (Purpose and
Definitions): R307–403–1(1)–(3), R307–
403–1(4)(b), R307–403–1(4)(c); R307–
403–2 (Applicability): R307–403–2(1),
R307–403–2(6)(d); R307–403–2(10);
R307–403–2(10)(a)–(c); R307–403–2(13);
R307–403–3 (Review of Major Sources
of Air Quality Impact): R307–403–3,
R307–403–3(1), R307–403–3(3), R307–
403–3(3)(a), R307–403–3(c), R307–403–
3(d), R307–403–3(3)(e); R307–403–4
(Offsets: General Requirements): R307–
403–4(1), R307–403–4(2), R307–403–
4(3), R307–403–4(4); R307–403–5
(Offsets: Particulate Matter
Nonattainment Areas): R307–403–5(1),
R307–403–5(1)(a), R307–403–5(1)(b),
R307–403–5(1)(c), R307–403–5(1)(d),
R307–403–5(1)(e), R307–403–5(2),
R307–403–5(2)(a), R307–403–5(2)(b),
R307–403–5(2)(b)(i)–(iii), R307–403–
5(2)(d), R307–403–5(4)(a), R307–403–
5(4)(b), R307–403–5(4)(d), R307–403–
5(e), R307–403–5(f); R307–403–7
(Offsets: Baseline); and R307–403–9
(Construction in Stages).
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IV. Incorporation by Reference
In this document, 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 State
of Utah’s revisions to its State
Implementation Plan as described in
section III. of this preamble. The EPA
has made, and will continue to make,
these materials generally available
through www.regulations.gov and 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 in the next
update to the SIP compilation.1
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
1 62
FR 27968 (May 22, 1997).
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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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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, 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 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, 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
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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 September 23,
2019. 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 section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 19, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority for citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart TT—Utah
2. Section 52.2320(c) is amended in
the table:
■
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Federal Register / Vol. 84, No. 143 / Thursday, July 25, 2019 / Rules and Regulations
a. Under the centered heading ‘‘R307–
101. General Requirements,’’ by revising
the entry for ‘‘R307–101–2.’’
■ b. Under the centered heading ‘‘R307–
403. Permits: New and Modified
Sources in Nonattainment Areas and
Maintenance Areas’’:
■ i. By revising the entries for ‘‘R307–
403–1’’ and ‘‘R307–403–2;’’
■
Rule No.
ii. By adding in numerical order
entries for ‘‘R307–403–3;’’ ‘‘R307–403–
4;’’ and ‘‘R307–403–5;’’
■ iii. By revising the entry for ‘‘R307–
403–6;’’
■ iv. By adding in numerical order
entries for ‘‘R307–403–7’’ and ‘‘R307–
403–9;’’ and
■
State
effective
date
Rule title
v. By revising the entries for ‘‘R307–
403–10’’ and ‘‘R307–403–11.’’
The revisions and additions read as
follows:
■
§ 52.2320
*
Identification of plan.
*
*
(c) * * *
*
Final rule citation, date
*
Comments
R307–101. General Requirements
*
R307–101–2 ......
*
*
Definitions .....................................
*
*
*
08/02/2018
*
*
[Insert Federal Register citation],
7/25/2019..
*
*
*
*
*
*
R307–403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas
*
R307–403–1 ......
*
*
Purpose and Definitions ................
R307–403–2 ......
Applicability ...................................
R307–403–3 ......
Review of Major Sources of Air
Quality Impact.
Offsets: General Requirements ....
08/02/2018
08/02/2018
08/02/2018
R307–403–7 ......
Offsets: Particulate Matter Nonattainment Areas.
Offsets: Ozone Nonattainment
Areas.
Offsets: Baseline ...........................
R307–403–9 ......
Construction in Stages ..................
08/02/2018
R307–403–10 ....
Analysis of Alternatives .................
08/02/2018
R307–403–11 ....
Actual PALS ..................................
08/02/2018
R307–403–4 ......
R307–403–5 ......
R307–403–6 ......
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DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
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08/02/2018
*
[Docket ID FEMA–2019–0003; Internal
Agency Docket No. FEMA–8589]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
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Register citation],
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Register citation],
Register citation],
Register citation],
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Register citation],
This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
PO 00000
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Register citation],
*
SUMMARY:
BILLING CODE 6560–50–P
16:40 Jul 24, 2019
[Insert Federal
7/25/2019.
[Insert Federal
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[Insert Federal
7/25/2019.
[Insert Federal
7/25/2019.
[Insert Federal
7/25/2019.
[Insert Federal
7/25/2019.
[Insert Federal
7/25/2019.
[Insert Federal
7/25/2019.
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[Insert Federal
7/25/2019.
08/02/2018
*
[FR Doc. 2019–15795 Filed 7–24–19; 8:45 am]
VerDate Sep<11>2014
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08/02/2018
12/04/2013
08/02/2018
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/national-floodinsurance-program-community-statusbook.
DATES: The effective date of each
community’s scheduled suspension is
the third date (‘‘Susp.’’) listed in the
third column of the following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact Adrienne L.
Sheldon, PE, CFM, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 400 C
Street SW, Washington, DC 20472, (202)
212–3966.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
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]]>Agencies
[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Rules and Regulations]
[Pages 35831-35833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15795]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0063; FRL-9996-96-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; Revisions to Nonattainment Permitting Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve State Implementation Plan (SIP) revisions submitted
by the State of Utah on March 27, 2014, and August 7, 2018. The
submittals revise the portions of the Utah Administrative Code (UAC)
that pertain to the issuance of Utah air quality permits for major
sources in nonattainment areas. This action is being taken under the
Clean Air Act (CAA or Act).
DATES: This final rule is effective on August 26, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0063. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available 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: Kevin Leone, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6227, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The EPA is taking final action to fully approve two revisions
submitted by the State of Utah on March 27, 2014, and August 7, 2018.
The EPA published a proposed rulemaking for these submittals on June 5,
2019 (84 FR 26049). As stated in our proposed rulemaking, Utah
submitted revisions to their nonattainment New Source Review (NNSR)
permitting program on August 20, 2013. The August 20, 2013 submittal
added volatile organic compounds (VOCs) as a fine particulate matter
(PM2.5) precursor to the NNSR program; however, the
submittal did not establish a significant emissions rate (SER) for VOC
to determine when a modification at an existing major source would be a
major modification subject to NNSR review. On March 27, 2014, Utah
submitted a revision to address the omission and establish the VOC SER.
The EPA determined that Utah needed to submit further revisions to
address the remaining deficiencies in the NNSR permitting program in
order for the EPA to fully approve Utah's August 20, 2013 submittal.
These deficiencies are outlined in our proposed rulemaking.
On September 30, 2016 Utah submitted to the EPA a letter committing
to address the remaining deficiencies in the State's nonattainment
permitting program in R307-403 that were not addressed in the August
20, 2013 submittal (see docket). Based on the September 30, 2016
commitment letter, on February 3, 2017 (82 FR 918), the EPA
conditionally approved Utah's August 20, 2013 submittal. On October 5,
2017 (82 FR 46417), we approved a June 29, 2017 submittal that, among
other things, addressed the deficiency in R307-403-6 identified in our
conditional approval.
On August 7, 2018, Utah submitted further revisions to address the
remaining deficiencies in their NNSR program. This submittal also
provides a technical demonstration for exempting ammonia as a
PM2.5 precursor in the Logan, Utah-Idaho PM2.5
nonattainment areas and a technical basis for setting an ammonia SER of
70 tons per year in the Salt Lake City and Provo PM2.5
nonattainment areas.
We provided a detailed explanation of the basis for our proposed
approval in our June 5, 2019, rulemaking, which will not be restated
here. See 84 FR 26049. We invited comment on all aspects of our
proposal and provided a 30-day comment period. The comment period ended
on July 5, 2019.
II. Response to Comments
We received no comments during the public comment period.
III. Final Action
As outlined in our proposed rulemaking, the EPA is taking final
action to approve the addition of new and revised rules and renumbering
to rules R307-101 and R307-403 that were submitted by Utah on March 27,
2014 and August 7, 2018. This final action, in tandem with our October
5, 2017 approval of R307-403-6, converts the
[[Page 35832]]
February 3, 2017 conditional approval to a full approval.
Specifically, we are taking final action to approve the following
revisions: R307-101 (General Requirements)--R307-101-2 (Definitions);
R307-403 (Permits: New and Modified Sources in Nonattainment Areas and
Maintenance Areas)--R307-403-1 (Purpose and Definitions): R307-403-
1(1)-(3), R307-403-1(4)(b), R307-403-1(4)(c); R307-403-2
(Applicability): R307-403-2(1), R307-403-2(6)(d); R307-403-2(10); R307-
403-2(10)(a)-(c); R307-403-2(13); R307-403-3 (Review of Major Sources
of Air Quality Impact): R307-403-3, R307-403-3(1), R307-403-3(3), R307-
403-3(3)(a), R307-403-3(c), R307-403-3(d), R307-403-3(3)(e); R307-403-4
(Offsets: General Requirements): R307-403-4(1), R307-403-4(2), R307-
403-4(3), R307-403-4(4); R307-403-5 (Offsets: Particulate Matter
Nonattainment Areas): R307-403-5(1), R307-403-5(1)(a), R307-403-
5(1)(b), R307-403-5(1)(c), R307-403-5(1)(d), R307-403-5(1)(e), R307-
403-5(2), R307-403-5(2)(a), R307-403-5(2)(b), R307-403-5(2)(b)(i)-
(iii), R307-403-5(2)(d), R307-403-5(4)(a), R307-403-5(4)(b), R307-403-
5(4)(d), R307-403-5(e), R307-403-5(f); R307-403-7 (Offsets: Baseline);
and R307-403-9 (Construction in Stages).
IV. Incorporation by Reference
In this document, 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
State of Utah's revisions to its State Implementation Plan as described
in section III. of this preamble. The EPA has made, and will continue
to make, these materials generally available through
www.regulations.gov and 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 in the next update to the SIP
compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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, 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 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, 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 September 23, 2019. 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 section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: July 19, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority for 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(c) is amended in the table:
[[Page 35833]]
0
a. Under the centered heading ``R307-101. General Requirements,'' by
revising the entry for ``R307-101-2.''
0
b. Under the centered heading ``R307-403. Permits: New and Modified
Sources in Nonattainment Areas and Maintenance Areas'':
0
i. By revising the entries for ``R307-403-1'' and ``R307-403-2;''
0
ii. By adding in numerical order entries for ``R307-403-3;'' ``R307-
403-4;'' and ``R307-403-5;''
0
iii. By revising the entry for ``R307-403-6;''
0
iv. By adding in numerical order entries for ``R307-403-7'' and ``R307-
403-9;'' and
0
v. By revising the entries for ``R307-403-10'' and ``R307-403-11.''
The revisions and additions read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State
Rule No. Rule title effective Final rule citation, Comments
date date
----------------------------------------------------------------------------------------------------------------
R307-101. General Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R307-101-2................. Definitions.......... 08/02/2018 [Insert Federal
Register citation],
7/25/2019..
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R307-403-1................. Purpose and 08/02/2018 [Insert Federal
Definitions. 12/04/2013 Register citation],
7/25/2019.
R307-403-2................. Applicability........ 08/02/2018 [Insert Federal
Register citation],
7/25/2019.
R307-403-3................. Review of Major 08/02/2018 [Insert Federal
Sources of Air Register citation],
Quality Impact. 7/25/2019.
R307-403-4................. Offsets: General 08/02/2018 [Insert Federal
Requirements. Register citation],
7/25/2019.
R307-403-5................. Offsets: Particulate 08/02/2018 [Insert Federal
Matter Nonattainment Register citation],
Areas. 7/25/2019.
R307-403-6................. Offsets: Ozone 08/02/2018 [Insert Federal
Nonattainment Areas. Register citation],
7/25/2019.
R307-403-7................. Offsets: Baseline.... 08/02/2018 [Insert Federal
Register citation],
7/25/2019.
R307-403-9................. Construction in 08/02/2018 [Insert Federal
Stages. Register citation],
7/25/2019.
R307-403-10................ Analysis of 08/02/2018 [Insert Federal
Alternatives. Register citation],
7/25/2019.
R307-403-11................ Actual PALS.......... 08/02/2018 [Insert Federal
Register citation],
7/25/2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-15795 Filed 7-24-19; 8:45 am]
BILLING CODE 6560-50-P
