Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Revisions to the Utah Division of Administrative Rules, R307-300 Series; Area Source Rule for Attainment of Fine Particulate Matter Standards, 52368-52369 [2019-20932]
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52368
Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2017–0469; FRL–10000–
04–Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Utah; Revisions to the Utah Division of
Administrative Rules, R307–300
Series; Area Source Rule for
Attainment of Fine Particulate Matter
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
rule revisions submitted by the State of
Utah on May 9, 2013, and August 25,
2017, to Utah’s R307–309 fugitive dust
control rule. This action is being taken
under section 110 of the Clean Air Act
(CAA or Act).
DATES: This final rule is effective on
November 1, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2017–0469. 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., 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:
Crystal Ostigaard, Air and Radiation
Division, Environmental Protection
Agency (EPA), Region 8, Mailcode
8ARD–QP, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6602, ostigaard.crystal@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
khammond on DSKJM1Z7X2PROD with RULES
I. Background
On September 14, 2017 (82 FR 43205),
the EPA proposed to approve revisions
to Utah administrative rule R307–309
(fugitive dust control rule) submitted on
May 9, 2013, and August 25, 2017, and
proposed to approve Utah’s December
16, 2014 submittal determining that
R307–309 provides for the
implementation of reasonably available
VerDate Sep<11>2014
15:50 Oct 01, 2019
Jkt 250001
control measure (RACM) in Utah’s fine
particulate matter (PM2.5) Moderate area
state implementation plan (SIP). Before
finalizing this action, however, the EPA
determined that the Salt Lake City
(signed on September 16, 2019), Provo
(84 FR 14267), and Logan (83 FR 52983)
PM2.5 nonattainment areas attained the
PM2.5 NAAQS. These clean data
determinations suspend Utah’s
obligation to submit certain
nonattainment area planning
requirements, including RACM; thus,
we are not finalizing action on Utah’s
December 16, 2014 submittal at this
time. Nonetheless, the rule revisions to
R307–309 submitted on May 9, 2013,
and August 25, 2017, are approved into
the SIP on the basis that R307–309,
‘‘Nonattainment and Maintenance Areas
for PM10 and PM2.5: Fugitive Emissions
and Fugitive Dust,’’ strengthens the
existing Utah SIP.
51.5, the EPA is finalizing the
incorporation by reference of Utah
Division of Administrative Rules
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 at the EPA
Region 8 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
II. Response to Comments
V. Statutory and Executive Order
Reviews
Our September 14, 2017 (82 FR
43205), proposed rulemaking provided a
30-day public comment period. The
EPA received a total of three public
comments on the proposed action. The
first comment was anonymous, the
second comment was from a named
individual, and the third comment was
from Western Resource Advocates. Our
Response to Comments document in the
docket for this action contains a
summary of the comments and the
EPA’s responses. The full text of the
public comments, as well as all other
documents relevant to this action, are
available in the docket (EPA–R08–OAR–
2017–0469).
III. Final Action
No comments were submitted that
changed our assessment that the
submitted rule revisions comply with
the relevant CAA requirements. For the
reasons stated in our proposed rule,
final rule, and the Response to
Comments document (EPA–R08–OAR–
2017–0469), the EPA is finalizing
approval of the revisions submitted by
Utah on May 9, 2013, and August 25,
2017, pursuant to section 110 of the
CAA, as the rule revisions will
strengthen the Utah SIP by providing
additional PM reductions. The EPA is
not taking final action on Utah’s
December 16, 2014 submission that
R307–309 constitutes RACM at this
time.
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
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
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
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
1 62
E:\FR\FM\02OCR1.SGM
FR 27968 (May 22, 1997).
02OCR1
52369
Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Rules and Regulations
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 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 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).
Rule No.
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. 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 2,
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).)
State
effective
date
Rule title
*
*
*
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organization compounds.
Dated: September 20, 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 citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart TT—Utah
2. In § 52.2320(c), the table is
amended by adding the centered
heading ‘‘R307–309. Nonattainment and
Maintenance Areas for PM10 and PM2.5:
Fugitive Emissions and Fugitive Dust’’
and entry ‘‘R307–309’’ in numerical
order to read as follows:
■
§ 52.2320
*
Identification of plan.
*
*
(c) * * *
*
*
Final rule citation, date
*
*
*
Comments
*
R307–309. Nonattainment and Maintenance Areas for PM10 and PM2.5: Fugitive Emissions and Fugitive Dust
R307–309 .........
Nonattainment and Maintenance Areas for
PM10 and PM2.5: Fugitive Emissions and
Fugitive Dust.
*
*
*
*
*
*
8/4/2017
*
*
[FR Doc. 2019–20932 Filed 10–1–19; 8:45 am]
[Insert Federal Register citation], 10/2/2019.
*
*
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 180
khammond on DSKJM1Z7X2PROD with RULES
[EPA–HQ–OPP–2018–0763; FRL–9999–81]
Sodium Lauryl Sulfate; Exemption
From the Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
SUMMARY:
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15:50 Oct 01, 2019
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PO 00000
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Fmt 4700
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*
*
tolerance for residues of the fungicide
and miticide sodium lauryl sulfate in or
on all food commodities when used in
accordance with label directions and
good agricultural practices. Central
Coast Garden Products submitted a
petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA),
requesting an exemption from the
requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of sodium lauryl sulfate
under FFDCA.
E:\FR\FM\02OCR1.SGM
02OCR1
]]>Agencies
[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Rules and Regulations]
[Pages 52368-52369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20932]
[[Page 52368]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2017-0469; FRL-10000-04-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; Revisions to the Utah Division of Administrative Rules,
R307-300 Series; Area Source Rule for Attainment of Fine Particulate
Matter Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of rule revisions submitted by the State of Utah on May 9,
2013, and August 25, 2017, to Utah's R307-309 fugitive dust control
rule. This action is being taken under section 110 of the Clean Air Act
(CAA or Act).
DATES: This final rule is effective on November 1, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2017-0469. 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., 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: Crystal Ostigaard, Air and Radiation
Division, Environmental Protection Agency (EPA), Region 8, Mailcode
8ARD-QP, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-
6602, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On September 14, 2017 (82 FR 43205), the EPA proposed to approve
revisions to Utah administrative rule R307-309 (fugitive dust control
rule) submitted on May 9, 2013, and August 25, 2017, and proposed to
approve Utah's December 16, 2014 submittal determining that R307-309
provides for the implementation of reasonably available control measure
(RACM) in Utah's fine particulate matter (PM2.5) Moderate
area state implementation plan (SIP). Before finalizing this action,
however, the EPA determined that the Salt Lake City (signed on
September 16, 2019), Provo (84 FR 14267), and Logan (83 FR 52983)
PM2.5 nonattainment areas attained the PM2.5
NAAQS. These clean data determinations suspend Utah's obligation to
submit certain nonattainment area planning requirements, including
RACM; thus, we are not finalizing action on Utah's December 16, 2014
submittal at this time. Nonetheless, the rule revisions to R307-309
submitted on May 9, 2013, and August 25, 2017, are approved into the
SIP on the basis that R307-309, ``Nonattainment and Maintenance Areas
for PM10 and PM2.5: Fugitive Emissions and
Fugitive Dust,'' strengthens the existing Utah SIP.
II. Response to Comments
Our September 14, 2017 (82 FR 43205), proposed rulemaking provided
a 30-day public comment period. The EPA received a total of three
public comments on the proposed action. The first comment was
anonymous, the second comment was from a named individual, and the
third comment was from Western Resource Advocates. Our Response to
Comments document in the docket for this action contains a summary of
the comments and the EPA's responses. The full text of the public
comments, as well as all other documents relevant to this action, are
available in the docket (EPA-R08-OAR-2017-0469).
III. Final Action
No comments were submitted that changed our assessment that the
submitted rule revisions comply with the relevant CAA requirements. For
the reasons stated in our proposed rule, final rule, and the Response
to Comments document (EPA-R08-OAR-2017-0469), the EPA is finalizing
approval of the revisions submitted by Utah on May 9, 2013, and August
25, 2017, pursuant to section 110 of the CAA, as the rule revisions
will strengthen the Utah SIP by providing additional PM reductions. The
EPA is not taking final action on Utah's December 16, 2014 submission
that R307-309 constitutes RACM at this time.
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
Division of Administrative Rules 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 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\
---------------------------------------------------------------------------
\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
[[Page 52369]]
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 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 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. 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 2, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organization compounds.
Dated: September 20, 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 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(c), the table is amended by adding the centered
heading ``R307-309. Nonattainment and Maintenance Areas for
PM10 and PM2.5: Fugitive Emissions and Fugitive
Dust'' and entry ``R307-309'' in numerical order to read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State
Rule No. Rule title effective Final rule citation, Comments
date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-309. Nonattainment and Maintenance Areas for PM and PM: Fugitive Emissions and Fugitive Dust
----------------------------------------------------------------------------------------------------------------
R307-309.................. Nonattainment and 8/4/2017 [Insert Federal
Maintenance Areas Register citation],
for PM10 and PM2.5: 10/2/2019.
Fugitive Emissions
and Fugitive Dust.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-20932 Filed 10-1-19; 8:45 am]
BILLING CODE 6560-50-P
