Approval and Promulgation of Air Quality State Implementation Plans; Provo, Utah Second 10-Year Carbon Monoxide Maintenance Plan, 35809-35811 [2020-11163]
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Federal Register / Vol. 85, No. 114 / Friday, June 12, 2020 / Rules and Regulations
single mailer; and a statement that
affirms that the rate incentive is not
only available upon the written
agreement of both the Postal Service and
a mailer, or group of mailers, or a
foreign postal operator.
■ 4. Amend § 3030.523 by revising
paragraph (e)(2) to read as follows:
List of Subjects for 39 CFR Part 3030
Administrative practice and
procedure.
For the reasons stated in the
preamble, the Commission amends
chapter III of title 39 of the Code of
Federal Regulations as follows:
PART 3030—REGULATION OF RATES
FOR MARKET DOMINANT PRODUCTS
1. The authority citation for part 3030
continues to read as follows:
■
Authority: 39 U.S.C. 503; 3622.
2. Amend § 3030.501 by revising
paragraph (g) to read as follows:
■
§ 3030.501
Definitions.
*
*
*
*
*
(g) Rate of general applicability means
a rate applicable to all mail meeting
standards established by the Mail
Classification Schedule, the Domestic
Mail Manual, and the International Mail
Manual. A rate is not a rate of general
applicability if eligibility for the rate is
dependent on factors other than the
characteristics of the mail to which the
rate applies, including the volume of
mail sent by a mailer in a past year or
years. A rate is not a rate of general
applicability if it benefits a single
mailer. A rate that is only available
upon the written agreement of both the
Postal Service and a mailer, a group of
mailers, or a foreign postal operator is
not a rate of general applicability.
■ 3. Amend § 3030.512 by revising
paragraph (b)(9) to read as follows:
§ 3030.512 Contents of notice of rate
adjustment.
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*
*
*
*
*
(b) * * *
(9) For a notice that includes a rate
incentive:
(i) Whether the rate incentive is being
treated under § 3030.523(e)(2) or under
§§ 3030.523(e)(1) and 3030.524.
(ii) If the Postal Service seeks to
include the rate incentive in the
calculation of the percentage change in
rates under § 3030.523(e)(2), whether
the rate incentive is available to all
mailers equally on the same terms and
conditions.
(iii) If the Postal Service seeks to
include the rate incentive in the
calculation of the percentage change in
rates under § 3030.523(e)(2), sufficient
information to demonstrate that the rate
incentive is a rate of general
applicability, which at a minimum
includes: The terms and conditions of
the rate incentive; the factors that
determine eligibility for the rate
incentive; a statement that affirms that
the rate incentive will not benefit a
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§ 3030.523 Calculation of percentage
change in rates.
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(e) * * *
(2) A rate incentive may be included
in a percentage change in rates
calculation if it meets the following
criteria:
(i) The rate incentive is in the form of
a discount or can easily be translated
into a discount;
(ii) Sufficient billing determinants are
available for the rate incentive to be
included in the percentage change in
rate calculation for the class, which may
be adjusted based on known mail
characteristics or historical volume data
(as opposed to forecasts of mailer
behavior);
(iii) The rate incentive is a rate of
general applicability; and
(iv) The rate incentive is made
available to all mailers equally on the
same terms and conditions.
By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2020–10902 Filed 6–11–20; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0696; FRL–10009–
49–Region 8]
Approval and Promulgation of Air
Quality State Implementation Plans;
Provo, Utah Second 10-Year Carbon
Monoxide Maintenance Plan
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 January 14, 2019. This
submittal includes a Clean Air Act
(CAA) section 175A(b) second 10-year
limited maintenance plan (LMP) for the
Provo area for the Carbon Monoxide
(CO) National Ambient Air Quality
Standard (NAAQS) and revisions to
R307–110–12, which incorporates the
SUMMARY:
PO 00000
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35809
LMP into the Utah SIP, Section IX, Part
C, Carbon Monoxide into Air Quality
rules. The EPA is taking this action
pursuant to the CAA.
DATES: This rule is effective on July 13,
2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0696. 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:
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.
I. Background
On March 2, 2020 (85 FR 12241), the
EPA proposed approval of the Provo,
second 10-year maintenance plan;
which is located at Section IX, Part C.6
of the Utah SIP. The CAA section
175A(b) requires that eight years after an
area is redesignated to attainment, the
state must submit a subsequent
maintenance plan to the EPA, covering
a second 10-year period.1 This second
10-year maintenance plan must
demonstrate continued compliance with
the NAAQS during this second 10-year
period. To fulfill this requirement of the
CAA, the Governor of Utah, submitted
the second 10-year update of the Provo
CO maintenance plan (hereafter;
‘‘revised Provo Maintenance Plan’’) to
us on January 14, 2019. Additionally,
Utah submitted revisions to R307–110–
12, Section IX, Control Measures for
Area and Point Sources, Part C, Carbon
Monoxide, which incorporates the
revised CO LMP.
For the revised Provo Maintenance
Plan, the State used the LMP option to
demonstrate continued maintenance of
the CO NAAQS in the Provo area. The
1 In this case, the initial maintenance period
extended through 2015.
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EPA has verified that the Provo area
qualifies for the LMP option because the
maximum design value for the most
recent eight consecutive quarters with
certified data at the time the State
adopted the plan was 1.6 ppm.
II. Response to Comments
The comment period for our March 2,
2020 (85 FR 12241), proposed rule was
open for 30 days. The EPA received one
comment on the proposed rule
pertaining to EPA’s Motor Vehicle
Emission Simulator (MOVES) 2014
modeling.
Comment: The commenter asserts that
EPA needs to recalculate the mobile
source emission inventory using
MOVES2014 modeling based on the
newest updates to the finalized clean
car regulations. Referring to recently
lowered fuel economy standards, the
commenter states that EPA needs to
update its MOVES2014 modeling to
assume the lower fuel economy and
higher NOX, and HC emission. The
commenter urges the only way that EPA
can be sure the Provo area can maintain
the CO standard for another 10 years is
by accounting for the decreases in fuel
economy.
Response: We do not agree that the
2016 attainment inventory submitted by
the Utah Division of Air Quality
(UDAQ) as part of this Second 10-year
LMP is flawed or needs to be
recalculated based on new changes to
fuel economy standards. The purpose of
the requirement to provide an
attainment inventory in a LMP is to
identify a level of emissions in the area
sufficient to attain the NAAQS. See
EPA’S LMP October 6, 1995 guidance
document (Docket EPA–R08–OAR–
2019–0696–003), at 3. By definition,
areas that meet the criteria to qualify for
a LMP are not providing a projection of
future emissions in order to demonstrate
maintenance of the NAAQS; these areas
qualify for an exemption from that
demonstration by virtue of attaining a
design value that is well below the level
of the NAAQS over an extended period
of time.
The attainment year inventory
submitted by UDAQ in this case
provided emissions for the year 2016.
To prepare the 2016 attainment year
inventory to support the CO LMP for
Provo, the UDAQ used the EPA’s
MOVES model (MOVES2014a) to
calculate the CO emissions inventory for
a typical winter day in 2016. As the
commenter notes, the EPA and U.S.
Department of Transportation have
recently promulgated new vehicle fuel
economy standards in the Safer
Affordable Fuel Efficient (SAFE)
Vehicles final rule. However, the SAFE
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rule will only affect vehicle model years
2021–2026. As the SAFE rule would
only have an effect on the emission
inventories prepared for 2021 and later,
it has no bearing on the accuracy of the
2016 attainment inventory. The EPA
therefore finds MOVES modeling
completed by the UDAQ, for the Provo
CO LMP, appropriately captures the
emissions for the 2016 attainment year
inventory and additional modeling is
not necessary.
III. Final Action
The EPA is approving the revised
Provo CO LMP and revision to R307–
110–12 submitted on January 14, 2019.
The Provo CO LMP is located at Section
IX, Part C.6 of the Utah SIP. This
maintenance plan meets the applicable
CAA requirements, and we have
determined it is sufficient to provide for
maintenance of the CO NAAQS over the
course of the second 10-year
maintenance period out to 2025. In
addition, the EPA is approving the
Provo LMP as meeting the appropriate
transportation conformity requirements
found in 40 CFR part 93, subpart A.
IV. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text in an EPA final
rule that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
finalizing to incorporate by reference
the UDAQ rules promulgated in the
DAR, R307–110–12 and Section IX, Part
C.6 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).
Therefore, these materials have been
approved by the EPA for inclusion in
the State implementation plan, 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.2
V. Statutory and Executive Orders
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
2 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00012
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EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. 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, 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 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
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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 August 11, 2020.
Filing a petition for reconsideration by
Rule No.
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, Sulfur dioxide, Volatile
organic compounds.
Dated: May 18, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
*
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:
a. In the table in paragraph (c), revise
the entry ‘‘R307–110–12’’.
■ b. In the table in paragraph (e), revise
the entry ‘‘Section IX.C.6. Carbon
Monoxide, Provo’’.
The revisions read as follows:
■
■
§ 52.2320
*
Accordingly, 40 CFR part 52 is
amended as follows:
State
effective
date
Rule title
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(c) * * *
*
Final rule citation,
date
*
*
Comments
*
*
*
R307–110. General Requirements: State Implementation Plan
*
R307–110–12
*
*
Section IX. Control Measures for Area
and Point Sources, Part C, Carbon
Monoxide.
*
*
*
*
*
*
*
*
*
[insert Federal Register citation], 6/
12/2020.
*
*
*
Only include provisions incorporated from
Section IX, Part C.6 (Provo).
*
*
*
(e) * * *
State
effective
date
Rule title
*
*
6/7/2018
*
*
Final rule citation, date
*
*
Comments
*
*
IX. Control Measures for Area and Point Sources
*
*
*
Section IX.C.6. Carbon Monoxide, Provo ....................
*
*
*
6/7/2018
*
*
*
[insert Federal Register citation], 6/12/2020.
*
*
*
[FR Doc. 2020–11163 Filed 6–11–20; 8:45 am]
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]]>Agencies
[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Rules and Regulations]
[Pages 35809-35811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11163]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0696; FRL-10009-49-Region 8]
Approval and Promulgation of Air Quality State Implementation
Plans; Provo, Utah Second 10-Year Carbon Monoxide Maintenance Plan
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 January 14, 2019. This submittal includes a
Clean Air Act (CAA) section 175A(b) second 10-year limited maintenance
plan (LMP) for the Provo area for the Carbon Monoxide (CO) National
Ambient Air Quality Standard (NAAQS) and revisions to R307-110-12,
which incorporates the LMP into the Utah SIP, Section IX, Part C,
Carbon Monoxide into Air Quality rules. The EPA is taking this action
pursuant to the CAA.
DATES: This rule is effective on July 13, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0696. 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: 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 March 2, 2020 (85 FR 12241), the EPA proposed approval of the
Provo, second 10-year maintenance plan; which is located at Section IX,
Part C.6 of the Utah SIP. The CAA section 175A(b) requires that eight
years after an area is redesignated to attainment, the state must
submit a subsequent maintenance plan to the EPA, covering a second 10-
year period.\1\ This second 10-year maintenance plan must demonstrate
continued compliance with the NAAQS during this second 10-year period.
To fulfill this requirement of the CAA, the Governor of Utah, submitted
the second 10-year update of the Provo CO maintenance plan (hereafter;
``revised Provo Maintenance Plan'') to us on January 14, 2019.
Additionally, Utah submitted revisions to R307-110-12, Section IX,
Control Measures for Area and Point Sources, Part C, Carbon Monoxide,
which incorporates the revised CO LMP.
---------------------------------------------------------------------------
\1\ In this case, the initial maintenance period extended
through 2015.
---------------------------------------------------------------------------
For the revised Provo Maintenance Plan, the State used the LMP
option to demonstrate continued maintenance of the CO NAAQS in the
Provo area. The
[[Page 35810]]
EPA has verified that the Provo area qualifies for the LMP option
because the maximum design value for the most recent eight consecutive
quarters with certified data at the time the State adopted the plan was
1.6 ppm.
II. Response to Comments
The comment period for our March 2, 2020 (85 FR 12241), proposed
rule was open for 30 days. The EPA received one comment on the proposed
rule pertaining to EPA's Motor Vehicle Emission Simulator (MOVES) 2014
modeling.
Comment: The commenter asserts that EPA needs to recalculate the
mobile source emission inventory using MOVES2014 modeling based on the
newest updates to the finalized clean car regulations. Referring to
recently lowered fuel economy standards, the commenter states that EPA
needs to update its MOVES2014 modeling to assume the lower fuel economy
and higher NOX, and HC emission. The commenter urges the
only way that EPA can be sure the Provo area can maintain the CO
standard for another 10 years is by accounting for the decreases in
fuel economy.
Response: We do not agree that the 2016 attainment inventory
submitted by the Utah Division of Air Quality (UDAQ) as part of this
Second 10-year LMP is flawed or needs to be recalculated based on new
changes to fuel economy standards. The purpose of the requirement to
provide an attainment inventory in a LMP is to identify a level of
emissions in the area sufficient to attain the NAAQS. See EPA'S LMP
October 6, 1995 guidance document (Docket EPA-R08-OAR-2019-0696-003),
at 3. By definition, areas that meet the criteria to qualify for a LMP
are not providing a projection of future emissions in order to
demonstrate maintenance of the NAAQS; these areas qualify for an
exemption from that demonstration by virtue of attaining a design value
that is well below the level of the NAAQS over an extended period of
time.
The attainment year inventory submitted by UDAQ in this case
provided emissions for the year 2016. To prepare the 2016 attainment
year inventory to support the CO LMP for Provo, the UDAQ used the EPA's
MOVES model (MOVES2014a) to calculate the CO emissions inventory for a
typical winter day in 2016. As the commenter notes, the EPA and U.S.
Department of Transportation have recently promulgated new vehicle fuel
economy standards in the Safer Affordable Fuel Efficient (SAFE)
Vehicles final rule. However, the SAFE rule will only affect vehicle
model years 2021-2026. As the SAFE rule would only have an effect on
the emission inventories prepared for 2021 and later, it has no bearing
on the accuracy of the 2016 attainment inventory. The EPA therefore
finds MOVES modeling completed by the UDAQ, for the Provo CO LMP,
appropriately captures the emissions for the 2016 attainment year
inventory and additional modeling is not necessary.
III. Final Action
The EPA is approving the revised Provo CO LMP and revision to R307-
110-12 submitted on January 14, 2019. The Provo CO LMP is located at
Section IX, Part C.6 of the Utah SIP. This maintenance plan meets the
applicable CAA requirements, and we have determined it is sufficient to
provide for maintenance of the CO NAAQS over the course of the second
10-year maintenance period out to 2025. In addition, the EPA is
approving the Provo LMP as meeting the appropriate transportation
conformity requirements found in 40 CFR part 93, subpart A.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text in an EPA
final rule that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing to incorporate by
reference the UDAQ rules promulgated in the DAR, R307-110-12 and
Section IX, Part C.6 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). Therefore,
these materials have been approved by the EPA for inclusion in the
State implementation plan, 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.\2\
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Orders Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
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, 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 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
[[Page 35811]]
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 August 11, 2020. 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, Sulfur
dioxide, Volatile organic compounds.
Dated: May 18, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
Accordingly, 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:
0
a. In the table in paragraph (c), revise the entry ``R307-110-12''.
0
b. In the table in paragraph (e), revise the entry ``Section IX.C.6.
Carbon Monoxide, Provo''.
The revisions read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State Final rule citation,
Rule No. Rule title effective date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-110. General Requirements: State Implementation Plan
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R307-110-12.............. Section IX. Control 6/7/2018 [insert Federal Only include
Measures for Area and Register citation], 6/ provisions
Point Sources, Part 12/2020. incorporated from
C, Carbon Monoxide. Section IX, Part C.6
(Provo).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State
Rule title effective date Final rule citation, date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
IX. Control Measures for Area and Point Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section IX.C.6. Carbon Monoxide, Provo. 6/7/2018 [insert Federal Register
citation], 6/12/2020.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2020-11163 Filed 6-11-20; 8:45 am]
BILLING CODE 6560-50-P
