Approval and Promulgation of Air Quality State Implementation Plans; State of Utah; Revisions to the Utah Division of Administrative Rules; R307-101-3, 41397-41398 [2020-12061]
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Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Air pollution control, Approval and
promulgation of implementation plans,
Environmental protection, Incorporation
by reference, and Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 17, 2020.
John Busterud,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, EPA amends Chapter I, title
40 of the Code of Federal Regulations 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 DD Nevada
2. Amend § 52.1472 by revising
paragraph (j) to read as follows:
■
§ 52.1472
Approval status.
*
*
*
*
*
(j) 2010 1-hour sulfur dioxide
NAAQS: The SIPs submitted on June 3,
2013, are disapproved for CAA elements
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for
the NDEP and Washoe County portions
of the Nevada SIP.
[FR Doc. 2020–13561 Filed 7–9–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0688; FRL–10010–
35–Region 8]
Approval and Promulgation of Air
Quality State Implementation Plans;
State of Utah; Revisions to the Utah
Division of Administrative Rules;
R307–101–3
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Utah Divison of Administrative
Rules, specifically R307–101–3
submitted by the State of Utah on
August 19, 2019, and R307–405–02 and
R307–410–03 submitted by the State of
Utah on December 16, 2019. The
submittal for R307–101–3 requests a
State Implementation Plan (SIP)
revision to change the date incorporated
by reference from the Code of Federal
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:12 Jul 09, 2020
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Regulations (CFR) to July 1, 2016 to July
1, 2017. Amendments to R307–405–02
and R307–410–03 update the part of the
CFR incorporated by reference in the
rules to the July 1, 2018 version. This
action is being taken under the Clean
Air Act (CAA or Act).
DATES: This rule is effective on August
10, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0688. 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 13, 2020 (85 FR 14606), the
EPA proposed approval of the Revisions
to the Utah Divison of Administrative
Rules, specifically, R307–101–3, R307–
405–02, and R307–410–03. The EPA
received revisions to R307–101–3,
General Requirements; Version of Code
of Federal Regulations Incorporated by
Reference from the State of Utah on
August 19, 2019. These revisions allow
R307 rules that reference section R307–
101–3 to update the incorporation date
with only one rule amendment.
The EPA received revisions to (1)
R307–405–02. Permits: Major Sources in
Attainment or Unclassified Areas (PSD)
Applicability; and (2) R307–410–03
Permits. Emissions Impact Analysis on
December 16, 2019. The revisions
submitted for both R307–405–02 and
R307–405–02 update the version of the
CFR that is incorporated by reference
throughout the Utah Air Quality rules.
The rule change for R307–405–02
updates the version of 40 CFR 52.21
from the July 11, 2011 version to the
July 1, 2018 version. Lastly, the
amendment to rule R307–410–03
PO 00000
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41397
updates the version of 40 CFR part 51,
appendix W, incorporated by reference
from the July 1, 2005 version to the July
1, 2018 version.
II. Response to Comments
The comment period for our March
13, 2020 (85 FR 14606), proposed rule
was open for 30 days. The EPA did not
receive any comments.
III. Final Action
The EPA is approving the SIP revision
to R307–101–3, General Requirements;
Version of the Code of Federal
Regulations Incorporated by Reference
submitted on August 19, 2019.
Additionally, EPA is also approving
revisions to (1) R307–405–02 Permits:
Major Sources in Attainment or
Unclassified Areas (PSD) Applicability;
and (2) R307–410–03 Permits. Emission
Impact Analysis which were both
submitted on December 16, 2019.
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 incorporating by
reference the Utah Air Quality rules
promulgated in R307–101–3, R307–405–
02, and R307–410–03 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.1
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
1 62
E:\FR\FM\10JYR1.SGM
FR 27968 (May 22, 1997).
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41398
Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations
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
State effective
date
Rule No.
Rule title
*
R307–101–3 ...
*
*
Version of Code of Federal Regulations Incorporated by Reference.
*
R307–405–02
*
R307–410–03
*
*
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 29, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
Accordingly, 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, the table in paragraph
(c) is amended by revising the entries
for ‘‘R307–101–3’’, ‘‘R307–405–02’’, and
‘‘R307–410–03’’ to read as follows:
■
§ 52.2320
*
Identification of plan.
*
*
(c) * * *
Final rule
citation, date
*
Comments
*
*
*
*
Applicability ....................................
*
*
[Insert Federal Register citation],
7/10/2020.
*
*
11/25/2019
*
*
Use of Dispersion Models .............
*
*
[Insert Federal Register citation],
7/10/2020.
*
*
11/25/2019
*
*
*
*
*
*
*
[FR Doc. 2020–12061 Filed 7–9–20; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
*
*
*
[Insert Federal Register citation],
7/10/2020.
*
*
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).)
5/23/2018
*
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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. 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 8,
2020. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
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]]>Agencies
[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Rules and Regulations]
[Pages 41397-41398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12061]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0688; FRL-10010-35-Region 8]
Approval and Promulgation of Air Quality State Implementation
Plans; State of Utah; Revisions to the Utah Division of Administrative
Rules; R307-101-3
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Utah Divison of Administrative Rules, specifically
R307-101-3 submitted by the State of Utah on August 19, 2019, and R307-
405-02 and R307-410-03 submitted by the State of Utah on December 16,
2019. The submittal for R307-101-3 requests a State Implementation Plan
(SIP) revision to change the date incorporated by reference from the
Code of Federal Regulations (CFR) to July 1, 2016 to July 1, 2017.
Amendments to R307-405-02 and R307-410-03 update the part of the CFR
incorporated by reference in the rules to the July 1, 2018 version.
This action is being taken under the Clean Air Act (CAA or Act).
DATES: This rule is effective on August 10, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0688. 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 13, 2020 (85 FR 14606), the EPA proposed approval of the
Revisions to the Utah Divison of Administrative Rules, specifically,
R307-101-3, R307-405-02, and R307-410-03. The EPA received revisions to
R307-101-3, General Requirements; Version of Code of Federal
Regulations Incorporated by Reference from the State of Utah on August
19, 2019. These revisions allow R307 rules that reference section R307-
101-3 to update the incorporation date with only one rule amendment.
The EPA received revisions to (1) R307-405-02. Permits: Major
Sources in Attainment or Unclassified Areas (PSD) Applicability; and
(2) R307-410-03 Permits. Emissions Impact Analysis on December 16,
2019. The revisions submitted for both R307-405-02 and R307-405-02
update the version of the CFR that is incorporated by reference
throughout the Utah Air Quality rules. The rule change for R307-405-02
updates the version of 40 CFR 52.21 from the July 11, 2011 version to
the July 1, 2018 version. Lastly, the amendment to rule R307-410-03
updates the version of 40 CFR part 51, appendix W, incorporated by
reference from the July 1, 2005 version to the July 1, 2018 version.
II. Response to Comments
The comment period for our March 13, 2020 (85 FR 14606), proposed
rule was open for 30 days. The EPA did not receive any comments.
III. Final Action
The EPA is approving the SIP revision to R307-101-3, General
Requirements; Version of the Code of Federal Regulations Incorporated
by Reference submitted on August 19, 2019. Additionally, EPA is also
approving revisions to (1) R307-405-02 Permits: Major Sources in
Attainment or Unclassified Areas (PSD) Applicability; and (2) R307-410-
03 Permits. Emission Impact Analysis which were both submitted on
December 16, 2019.
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 incorporating by reference the Utah Air Quality
rules promulgated in R307-101-3, R307-405-02, and R307-410-03 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.\1\
---------------------------------------------------------------------------
\1\ 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
[[Page 41398]]
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 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 September 8, 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 29, 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, the table in paragraph (c) is amended by revising
the entries for ``R307-101-3'', ``R307-405-02'', and ``R307-410-03'' to
read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State Final rule citation,
Rule No. Rule title effective date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R307-101-3............... Version of Code of 5/23/2018 [Insert Federal
Federal Regulations Register citation], 7/
Incorporated by 10/2020.
Reference.
* * * * * * *
R307-405-02.............. Applicability......... 11/25/2019 [Insert Federal
Register citation], 7/
10/2020.
* * * * * * *
R307-410-03.............. Use of Dispersion 11/25/2019 [Insert Federal
Models. Register citation], 7/
10/2020.
* * * * * * *
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* * * * *
[FR Doc. 2020-12061 Filed 7-9-20; 8:45 am]
BILLING CODE 6560-50-P
