Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Revisions to the Utah Division of Administrative Rules; R307-101-3, 14606-14608 [2020-05004]

Download as PDF jbell on DSKJLSW7X2PROD with PROPOSALS 14606 Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Proposed Rules Massachusetts. Except as noted, this revision satisfies the infrastructure requirements of the Clean Air Act (CAA) for the 2015 ozone National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state’s air quality management program are adequate to meet the state’s responsibilities under the CAA. We are proposing to issue a finding of failure to submit pertaining to various aspects of the prevention of significant deterioration (PSD) requirements of infrastructure SIPs. The Commonwealth has long been subject to a Federal Implementation Plan (FIP) regarding PSD, thus a finding of failure to submit will result in no state sanctions or further FIP requirements. We do not in this action address CAA requirements regarding interstate transport, because we previously approved the Commonwealth’s submittal addressing these requirements for the 2015 ozone standard (January 31, 2020). This action is being taken in accordance with the Clean Air Act. DATES: Written comments must be received on or before April 13, 2020 ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R01– OAR–2019–0695 at https:// www.regulations.gov, or via email to rackauskas.eric@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. 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://www.epa.gov/dockets/ commenting-epa-dockets. Publicly available docket materials are available at https://www.regulations.gov or at the VerDate Sep<11>2014 17:34 Mar 12, 2020 Jkt 250001 U.S. Environmental Protection Agency, EPA Region 1 Regional Office, Air and Radiation Division, 5 Post Office Square—Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. Eric Rackauskas, Air Quality Branch, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square—Suite 100, (Mail code 05–2), Boston, MA 02109–3912, tel. 617–918–1628, email rackauskas.eric@ epa.gov. FOR FURTHER INFORMATION CONTACT: In the Final Rules section of this issue of the Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules Section of this issue of the Federal Register. SUPPLEMENTARY INFORMATION: Dated: February 11, 2020. Dennis Deziel, Regional Administrator, EPA Region 1. [FR Doc. 2020–03204 Filed 3–12–20; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2019–0688; FRL–10005– 97–Region 8] Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Revisions to the Utah Division of Administrative Rules; R307–101–3 Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Utah Division of Administrative Rules (DAR), specifically R307–101–3 submitted by the State of Utah on August 19, 2019, and R307–405–2 and R307–410–3 submitted by the State of Utah on December 16, 2019. The R307–101–3 submittal requests a State Implementation Plan (SIP) revision to change the date of the referenced Code of Federal Regulations (CFR) from July 1, 2016 to July 1, 2017. The R307–405– 2 submittal revises the CFR date from the July 1, 2011 version to July 1, 2018 and the R307–410–3 submittal updates the version of the 40 CFR part 51, appendix W incorporated by reference from the July 1, 2005 version to the July 1, 2018 version. This action is being taken under the Clean Air Act (CAA or Act). DATES: Written comments must be received on or before April 13, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R08– OAR–2019–0688, to the Federal Rulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. The EPA may publish any comment received to its public docket. 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, the full EPA public comment policy, information about CBI or multimedia SUMMARY: E:\FR\FM\13MRP1.SGM 13MRP1 Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Proposed Rules submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. Docket: All documents in the docket are listed in the www.regulations.gov index. 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, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air and Radiation Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129. The EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Amrita Singh, Air and Radiation Division, EPA, Region 8, Mailcode 8ARD–QP, 1595 Wynkoop Street, Denver, Colorado 80202–1129, (303) 312–6103, singh.amrita@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. jbell on DSKJLSW7X2PROD with PROPOSALS I. Background On August 19, 2019, the EPA received revisions for R307–101–3, General Requirements; Version of Code of Federal Regulations Incorporated by Reference from the State of Utah. Revisions submitted for R307–101–3 update the version of the 40 CFR used in a majority of R307 rules adopted by the Utah Air Quality Board. This update allows R307 rules that reference section R307–101–3 to update the incorporation date with only one rule amendment. States periodically updates their SIPs to incorporate by reference the most current 40 CFR to correlate environmental regulations. This rule, as submitted by the State, does not cover rules that specify their own date for the version of the CFR that are incorporated by reference. We previously acted on R307–101–3, where we had updated the CFR reference date, on July 11, 2019 (84 FR 27039) and received no comments. On December 16, 2019 the EPA received revisions for (1) R307–405–2. Permits: Major Sources in Attainment or Unclassified Areas (PSD). Applicability; and (2) R307–410–3 Permits. Emissions Impact Analysis. The revisions VerDate Sep<11>2014 17:34 Mar 12, 2020 Jkt 250001 submitted for R307–405–2 and R307– 410–3 update the version of the CFR that is incorporated by reference throughout the Utah Air Quality rules. We previously acted on R307–405–2 on January 29, 2016 as a direct final rule and received no comments. The federal Prevention of Significant Deterioration (PSD) permitting program in 40 CFR 52.21 is incorporated by reference in Rule R307–405 and the version of the CFR is specified in sub-section R307– 405–2. This rule change updates the version of 40 CFR 52.21 that is incorporated in R307–405 from the July 1, 2011 version to the July 1, 2018 version. Finally, the EPA received revisions to R307–410–3 Permits: Emissions Impact Analysis with the December 16, 2019 submittal. Section R307–410–3 is amended to update the version of 40 CFR part 51, appendix W incorporated by reference from the July 1, 2005 version to July 1, 2018. We originally acted on R307–410 on two separate occasions: February 6, 2014 (79 FR 7072) and July 19, 2016 (81 FR 46838). The February 6, 2014 action approved revisions to R307–410–1, –3, and –4. The July 19, 2016 action approved revisions to R307–410–2 and –6. These actions were direct finals and did not receive any public comments specific to updating the incorporation by reference date for 40 CFR. II. The EPA’s Evaluation Section 110(k) of the CAA address the EPA’s rulemaking action on SIP submissions by states. The CAA requires states to observe certain procedural requirements in developing SIP revisions for submittal to the EPA. Section 110(a)(2) of the CAA requires that each SIP revision be adopted after reasonable notice and public hearing. This must occur prior to the revision being submitted by a state to the EPA. On January 3, 2018, the State of Utah’s Department of Environmental Quality, Air Quality Board approved for public comment revisions to Rule R307– 101–3, General Requirements; Version of Code of Federal Regulations Incorporated by Reference. The revisions that were being proposed for R307–101–3, updated the date of reference of 40 CFR from July 1, 2016 to July 1, 2017. The comment period began on February 1, 2018 and ended on March 5, 2018. No public comments were received nor was a public hearing requested. On May 23, 2018, R307–101– 3 was finalized by the Air Quality Board and became effective. Subsequently, on August 19, 2019 Utah submitted this SIP revision of R307–101–3 to the EPA. This update allows R307 rules that reference PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 14607 section R307–101–3 to update the CFR incorporation date to July 1, 2017, with only one rule amendment. On August 7, 2019, the State of Utah’s Department of Environmental Quality, Air Quality Board, approved for public comment revisions to R307–405–2. Permits: Major Source in Attainment or Unclassified Areas (PSD). Applicability; and R307–410–3 Permits: Emissions Impact Analysis. The rule changes to R307–405–2 update the version of 40 CFR 52.21 to the July 1, 2018 version. The revisions to R307–410–3 align with the requirements in the July 1, 2018 version of 40 CFR part 51, appendix W. The comment period began on September 1, 2019 and ended on October 1, 2019. No public comments were received nor was a public hearing requested. On November 25, 2019, R307–405–2 and R307–410–3 was finalized by the Air Quality Board and became effective. Subsequently, on December 16, 2019 Utah submitted this SIP revision of R307–405–2 and R307– 410–3 to the EPA. III. Proposed Action The EPA is proposing to approve the SIP revision submitted on August 19, 2019, to R307–101–3, General Requirements; Version of Code of Federal Regulations Incorporated by Reference, where the version of the 40 CFR is being changed from July 1, 2016 to July 1, 2017. Additionally, the EPA is proposing to approve revisions submitted on December 16, 2019, to: (1) R307–405–2 Permits: Major Sources in Attainment or Unclassified Areas (PSD). Applicability; and (2) R307–410–3 Permits. Emissions Impact Analysis. R307–405–2 revisions are updating the version of 40 CFR to July 1, 2018, and R307–410–3 revisions are updating the version of 40 CFR part 51, appendix W to the July 1, 2018 version. IV. Incorporation by Reference In this document, the EPA is proposing to include regulatory text in an EPA final rule that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the Utah Division of Air Quality (UDAQ) rules promulgated in the DAR, R307–101–3, R307–405–2, and R307–410–3 as discussed in section III. of the 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). E:\FR\FM\13MRP1.SGM 13MRP1 14608 Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS 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. 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 action merely proposes to approve 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, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the 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 VerDate Sep<11>2014 17:34 Mar 12, 2020 Jkt 250001 tribe has jurisdiction. In those areas of Indian country, the proposed 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Greenhouse gases, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: March 5, 2020. Gregory Sopkin, Regional Administrator, EPA Region 8. [FR Doc. 2020–05004 Filed 3–12–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R05–OAR–2020–0042; FRL–10006– 41–Region 5] Air Plan Approval; Wisconsin; Redesignation of the Newport State Park Area in Door County to Attainment of the 2015 Ozone NAAQS Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to find that the Newport State Park nonattainment area in Door County, Wisconsin is attaining the 2015 ozone National Ambient Air Quality Standard (NAAQS or standard) and to act in accordance with a request from the Wisconsin Department of Natural Resources (WDNR) to redesignate the area to attainment for the 2015 ozone NAAQS, because the request meets the statutory requirements for redesignation under the Clean Air Act (CAA). Wisconsin submitted this request on January 27, 2020. EPA is also proposing to approve, as a revision to the Wisconsin State Implementation Plan (SIP), the state’s plan for maintaining the 2015 ozone NAAQS through 2030 in the Newport State Park area. Finally, EPA finds adequate and is proposing to approve Wisconsin’s 2023 and 2030 volatile organic compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle Emission Budgets (MVEBs) for this area. SUMMARY: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 Comments must be received on or before April 13, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2020–0042 at https:// www.regulations.gov or via email to arra.sarah@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. 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. 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: Jenny Liljegren, Physical Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6832, Liljegren.Jennifer@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: DATES: I. What is EPA proposing? II. What is the background for these actions? III. What are the criteria for redesignation? IV. What is EPA’s analysis of Wisconsin’s redesignation request? A. Has the area attained the 2015 ozone NAAQS? B. Has Wisconsin met all applicable requirements of section 110 and part D of the CAA for the area, and does Wisconsin have a fully approved SIP for the area under section 110(k) of the CAA? C. Are the air quality improvements in the area due to permanent and enforceable emission reductions? D. Does Wisconsin have a fully approvable ozone maintenance plan for the Newport State Park area? E:\FR\FM\13MRP1.SGM 13MRP1

Agencies

[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Proposed Rules]
[Pages 14606-14608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05004]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0688; FRL-10005-97-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Revisions to the Utah Division of Administrative Rules; 
R307-101-3

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Utah Division of Administrative Rules (DAR), 
specifically R307-101-3 submitted by the State of Utah on August 19, 
2019, and R307-405-2 and R307-410-3 submitted by the State of Utah on 
December 16, 2019. The R307-101-3 submittal requests a State 
Implementation Plan (SIP) revision to change the date of the referenced 
Code of Federal Regulations (CFR) from July 1, 2016 to July 1, 2017. 
The R307-405-2 submittal revises the CFR date from the July 1, 2011 
version to July 1, 2018 and the R307-410-3 submittal updates the 
version of the 40 CFR part 51, appendix W incorporated by reference 
from the July 1, 2005 version to the July 1, 2018 version. This action 
is being taken under the Clean Air Act (CAA or Act).

DATES: Written comments must be received on or before April 13, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0688, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.regulations.gov. The EPA may publish any comment received to its 
public docket. 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, the full EPA public comment 
policy, information about CBI or multimedia

[[Page 14607]]

submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. 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, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air and Radiation 
Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. The EPA requests that if at all 
possible, you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8:00 a.m. 
to 4:00 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Amrita Singh, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, (303) 312-6103, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    On August 19, 2019, the EPA received revisions for R307-101-3, 
General Requirements; Version of Code of Federal Regulations 
Incorporated by Reference from the State of Utah. Revisions submitted 
for R307-101-3 update the version of the 40 CFR used in a majority of 
R307 rules adopted by the Utah Air Quality Board. This update allows 
R307 rules that reference section R307-101-3 to update the 
incorporation date with only one rule amendment. States periodically 
updates their SIPs to incorporate by reference the most current 40 CFR 
to correlate environmental regulations. This rule, as submitted by the 
State, does not cover rules that specify their own date for the version 
of the CFR that are incorporated by reference. We previously acted on 
R307-101-3, where we had updated the CFR reference date, on July 11, 
2019 (84 FR 27039) and received no comments.
    On December 16, 2019 the EPA received revisions for (1) R307-405-2. 
Permits: Major Sources in Attainment or Unclassified Areas (PSD). 
Applicability; and (2) R307-410-3 Permits. Emissions Impact Analysis. 
The revisions submitted for R307-405-2 and R307-410-3 update the 
version of the CFR that is incorporated by reference throughout the 
Utah Air Quality rules. We previously acted on R307-405-2 on January 
29, 2016 as a direct final rule and received no comments. The federal 
Prevention of Significant Deterioration (PSD) permitting program in 40 
CFR 52.21 is incorporated by reference in Rule R307-405 and the version 
of the CFR is specified in sub-section R307-405-2. This rule change 
updates the version of 40 CFR 52.21 that is incorporated in R307-405 
from the July 1, 2011 version to the July 1, 2018 version.
    Finally, the EPA received revisions to R307-410-3 Permits: 
Emissions Impact Analysis with the December 16, 2019 submittal. Section 
R307-410-3 is amended to update the version of 40 CFR part 51, appendix 
W incorporated by reference from the July 1, 2005 version to July 1, 
2018. We originally acted on R307-410 on two separate occasions: 
February 6, 2014 (79 FR 7072) and July 19, 2016 (81 FR 46838). The 
February 6, 2014 action approved revisions to R307-410-1, -3, and -4. 
The July 19, 2016 action approved revisions to R307-410-2 and -6. These 
actions were direct finals and did not receive any public comments 
specific to updating the incorporation by reference date for 40 CFR.

II. The EPA's Evaluation

    Section 110(k) of the CAA address the EPA's rulemaking action on 
SIP submissions by states. The CAA requires states to observe certain 
procedural requirements in developing SIP revisions for submittal to 
the EPA. Section 110(a)(2) of the CAA requires that each SIP revision 
be adopted after reasonable notice and public hearing. This must occur 
prior to the revision being submitted by a state to the EPA.
    On January 3, 2018, the State of Utah's Department of Environmental 
Quality, Air Quality Board approved for public comment revisions to 
Rule R307-101-3, General Requirements; Version of Code of Federal 
Regulations Incorporated by Reference. The revisions that were being 
proposed for R307-101-3, updated the date of reference of 40 CFR from 
July 1, 2016 to July 1, 2017. The comment period began on February 1, 
2018 and ended on March 5, 2018. No public comments were received nor 
was a public hearing requested. On May 23, 2018, R307-101-3 was 
finalized by the Air Quality Board and became effective. Subsequently, 
on August 19, 2019 Utah submitted this SIP revision of R307-101-3 to 
the EPA. This update allows R307 rules that reference section R307-101-
3 to update the CFR incorporation date to July 1, 2017, with only one 
rule amendment.
    On August 7, 2019, the State of Utah's Department of Environmental 
Quality, Air Quality Board, approved for public comment revisions to 
R307-405-2. Permits: Major Source in Attainment or Unclassified Areas 
(PSD). Applicability; and R307-410-3 Permits: Emissions Impact 
Analysis. The rule changes to R307-405-2 update the version of 40 CFR 
52.21 to the July 1, 2018 version. The revisions to R307-410-3 align 
with the requirements in the July 1, 2018 version of 40 CFR part 51, 
appendix W. The comment period began on September 1, 2019 and ended on 
October 1, 2019. No public comments were received nor was a public 
hearing requested. On November 25, 2019, R307-405-2 and R307-410-3 was 
finalized by the Air Quality Board and became effective. Subsequently, 
on December 16, 2019 Utah submitted this SIP revision of R307-405-2 and 
R307-410-3 to the EPA.

III. Proposed Action

    The EPA is proposing to approve the SIP revision submitted on 
August 19, 2019, to R307-101-3, General Requirements; Version of Code 
of Federal Regulations Incorporated by Reference, where the version of 
the 40 CFR is being changed from July 1, 2016 to July 1, 2017. 
Additionally, the EPA is proposing to approve revisions submitted on 
December 16, 2019, to: (1) R307-405-2 Permits: Major Sources in 
Attainment or Unclassified Areas (PSD). Applicability; and (2) R307-
410-3 Permits. Emissions Impact Analysis. R307-405-2 revisions are 
updating the version of 40 CFR to July 1, 2018, and R307-410-3 
revisions are updating the version of 40 CFR part 51, appendix W to the 
July 1, 2018 version.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference the Utah Division of Air Quality (UDAQ) rules 
promulgated in the DAR, R307-101-3, R307-405-2, and R307-410-3 as 
discussed in section III. of the 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).

[[Page 14608]]

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. 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 
action merely proposes to approve 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, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the 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 proposed 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

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

    Dated: March 5, 2020.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2020-05004 Filed 3-12-20; 8:45 am]
 BILLING CODE 6560-50-P
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