Air Quality State Implementation Plans; Approval and Promulgation of Implementation Plans; Utah; Infrastructure Requirements for the 2015 Ozone National Ambient Air Quality Standards, 57731-57733 [2020-18780]
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
to make, these documents generally
available through www.regulations.gov,
and at the EPA Region 5 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
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
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
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 it is not a significant
regulatory action 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
VerDate Sep<11>2014
16:31 Sep 15, 2020
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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, this 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 16, 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).)
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.
2. Section 52.2570 is amended by
adding paragraph (c)(140) to read as
follows:
■
§ 52.2570
*
*
*
*
(c) * * *
(140) On February 12, 2020, The
Wisconsin Department of Natural
Resources submitted a request to
incorporate Administrative Order AM–
20–01 into the Wisconsin State
Implementation Plan (SIP). This order
establishes, through permanent and
enforceable emission limits and other
requirements, a Reasonably Available
Control Technology (RACT) equivalency
demonstration for the Insinkerator
facility located in Kenosha, Wisconsin.
The effective date for the Administrative
Order is January 9, 2020.
(i) Incorporation by reference.
Wisconsin Administrative Order AM–
20–01, issued by the Wisconsin
Department of Natural Resources on
January 9, 2020, to Insinkerator for its
facility located in Kenosha, Wisconsin.
(ii) [Reserved]
*
*
*
*
*
[FR Doc. 2020–18627 Filed 9–15–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0643; FRL–10013–
92–Region 8]
Air Quality State Implementation
Plans; Approval and Promulgation of
Implementation Plans; Utah;
Infrastructure Requirements for the
2015 Ozone National Ambient Air
Quality Standards
AGENCY:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Volatile organic
compounds.
SUMMARY:
For the reasons stated in the
preamble, the EPA amends title 40 CFR
part 52 as follows:
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Identification of plan.
*
List of Subjects in 40 CFR Part 52
Dated: August 19, 2020.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
57731
Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is approving multiple
elements of the infrastructure State
Implementation Plan (SIP) requirements
for the 2015 ozone National Ambient
Air Quality Standard (NAAQS) for Utah,
along with taking no action on three
Utah infrastructure SIP elements. The
EPA is approving Utah’s January 29,
2020 SIP submission for the following
Clean Air Act (CAA) section 110(a)(2)
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
infrastructure elements for the 2015
ozone NAAQS: (A), (B), (C), (D)(i)(II)
Prong 3, (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). The EPA is not proposing
any action in this rule on elements
(D)(i)(I) (Prongs 1 and 2), and (D)(i)(II)
(Prong 4). The EPA is taking this action
pursuant to the CAA.
This rule is effective on October
16, 2020.
Kate
Gregory, telephone number: (303) 312–
6175, email address: gregory.kate@
epa.gov. Mail can be directed to the Air
and Radiation Division, U.S. EPA,
Region 8, Mail-code 8ARD–QP, 1595
Wynkoop Street, Denver, Colorado
80202–1129.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0643. 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.
I. Background
On March 12, 2008, the EPA
promulgated a new NAAQS for ozone,
revising the levels of primary and
secondary 8-hour ozone standards from
0.08 parts per million (ppm) to 0.075
ppm.1 More recently, on October 1,
2015, the EPA revised the NAAQS for
ozone, further strengthening the primary
and secondary 8-hour standards to 0.070
ppm.2 The October 1, 2015 standards
are known as the 2015 ozone NAAQS.
Section 110(a)(1) of the CAA directs
each state to make an infrastructure SIP
submission to the EPA within 3 years of
promulgation of a new or revised
NAAQS. Infrastructure requirements for
SIPs are provided in section 110(a)(1)
and (2) of the CAA. Section 110(a)(2)
DATES:
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
lists the specific infrastructure elements
that a SIP must contain or satisfy. The
elements that are the subject of this
action are described in detail in our
notice of proposed rulemaking (NPRM)
published on June 1, 2020 for the State
of Utah’s infrastructure SIP revision,
which was submitted to the EPA on
January 29, 2020.3
Comments on our June 1, 2020 NPRM
were due on or before July 1, 2020. We
received no comments on the proposal.
II. Final Action
In this rulemaking, we are approving
multiple elements of the infrastructure
SIP requirements for the 2015 ozone
NAAQS for Utah; we are taking no
action here on three infrastructure SIP
elements. The actions we are approving
are contained in Table 1 below. The
EPA is approving Utah’s January 29,
2020 SIP submission for the following
CAA section 110(a)(2) infrastructure
elements for the 2015 ozone NAAQS:
(A), (B), (C), (D)(i)(II) Prong 3, (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M). The
EPA is taking no action in this rule on
elements (D)(i)(I) (Prongs 1 and 2) and
(D)(i)(II) (Prong 4).
TABLE 1—INFRASTRUCTURE ELEMENTS THAT THE EPA IS ACTING ON
2015 Ozone NAAQS Infrastructure SIP Elements: Utah
(A): Emission Limits and Other Control Measures ....................................................................................................................................
(B): Ambient Air Quality Monitoring/Data System .....................................................................................................................................
(C): Program for Enforcement of Control Measures .................................................................................................................................
(D)(i)(I): Prong 1 Interstate Transport—significant contribution ................................................................................................................
(D)(i)(I): Prong 2 Interstate Transport—interference with maintenance ....................................................................................................
(D)(i)(II): Prong 3 Interstate Transport—prevention of significant deterioration ........................................................................................
(D)(i)(II): Prong 4 Interstate Transport—visibility .......................................................................................................................................
(D)(ii): Interstate and International Pollution Abatement ...........................................................................................................................
(E): Adequate Resources ..........................................................................................................................................................................
(F): Stationary Source Monitoring System ................................................................................................................................................
(G): Emergency Episodes .........................................................................................................................................................................
(H): Future SIP revisions ...........................................................................................................................................................................
(J): Consultation with Government Officials, Public Notification, PSD and Visibility Protection ...............................................................
(K): Air Quality and Modeling/Data ............................................................................................................................................................
(L): Permitting Fees ...................................................................................................................................................................................
(M): Consultation/Participation by Affected Local Entities ........................................................................................................................
A
A
A
NA
NA
A
NA
A
A
A
A
A
A
A
A
A
Key: 4
4 A—Approve.
D—Disapprove.
NA—No Action.
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III. 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
1 Final rule, National Ambient Air Quality
Standards for Ozone, 73 FR 16436, 16483.
2 Final rule, National Ambient Air Quality
Standards for Ozone, 80 FR 65292, 65362.
VerDate Sep<11>2014
16:31 Sep 15, 2020
Jkt 250001
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);
3 See Proposed Rule, Promulgation of State
Implementation Plan Revisions; Infrastructure
Requirements for the 2015 Ozone National Ambient
Air Quality Standards; Utah, 85 FR 33052, 33053–
33058.
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, described in
the Unfunded Mandates Reform Act of
1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide 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. Accordingly, 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
VerDate Sep<11>2014
17:50 Sep 15, 2020
Jkt 250001
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 November 16,
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, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: August 20, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 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. Amend § 52.2355 by adding
paragraph (e) to read as follows:
■
§ 52.2355 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(e) Gary R. Herbert, Governor, State of
Utah, provided submissions to meet the
infrastructure requirements for the State
of Utah for the 2015 ozone NAAQS on
January 29, 2020. The State’s
Infrastructure SIP is approved with
respect to the 2015 ozone NAAQS for
the following CAA section 110(a)(2)
infrastructure elements: (A), (B), (C),
(D)(i)(II) Prong 3, (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
[FR Doc. 2020–18780 Filed 9–15–20; 8:45 am]
BILLING CODE 6560–50–P
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57733
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2020–0309; FRL–10014–
44–Region 9]
Finding of Failure To Attain the 2006
24-Hour Fine Particulate Matter
Standards; California; Los AngelesSouth Coast Air Basin
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) has determined that the
Los Angeles-South Coast Air Basin
nonattainment area failed to attain the
2006 24-hour fine particulate matter
(‘‘PM2.5’’) national ambient air quality
standards by the December 31, 2019
‘‘Serious’’ area attainment date. This
determination is based on ambient air
quality monitoring data from 2017
through 2019. As a result of this
determination, the State of California is
required to submit a revision to the
California State Implementation Plan
(SIP) that, among other elements,
provides for expeditious attainment
within the time limits prescribed by
regulation and provides for a five
percent annual reduction in the
emissions of direct PM2.5 or a PM2.5 plan
precursor pollutant. We are also
correcting an error in the table of
California area designations for the 2006
PM2.5 national ambient air quality
standards.
DATES: This rule is effective October 16,
2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0309. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information may not be publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov. Please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
SUMMARY:
E:\FR\FM\16SER1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57731-57733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18780]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0643; FRL-10013-92-Region 8]
Air Quality State Implementation Plans; Approval and Promulgation
of Implementation Plans; Utah; Infrastructure Requirements for the 2015
Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
multiple elements of the infrastructure State Implementation Plan (SIP)
requirements for the 2015 ozone National Ambient Air Quality Standard
(NAAQS) for Utah, along with taking no action on three Utah
infrastructure SIP elements. The EPA is approving Utah's January 29,
2020 SIP submission for the following Clean Air Act (CAA) section
110(a)(2)
[[Page 57732]]
infrastructure elements for the 2015 ozone NAAQS: (A), (B), (C),
(D)(i)(II) Prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M). The EPA is not proposing any action in this rule on elements
(D)(i)(I) (Prongs 1 and 2), and (D)(i)(II) (Prong 4). The EPA is taking
this action pursuant to the CAA.
DATES: This rule is effective on October 16, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0643. 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: Kate Gregory, telephone number: (303)
312-6175, email address: [email protected]. Mail can be directed to
the Air and Radiation Division, U.S. EPA, Region 8, Mail-code 8ARD-QP,
1595 Wynkoop Street, Denver, Colorado 80202-1129.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
On March 12, 2008, the EPA promulgated a new NAAQS for ozone,
revising the levels of primary and secondary 8-hour ozone standards
from 0.08 parts per million (ppm) to 0.075 ppm.\1\ More recently, on
October 1, 2015, the EPA revised the NAAQS for ozone, further
strengthening the primary and secondary 8-hour standards to 0.070
ppm.\2\ The October 1, 2015 standards are known as the 2015 ozone
NAAQS.
---------------------------------------------------------------------------
\1\ Final rule, National Ambient Air Quality Standards for
Ozone, 73 FR 16436, 16483.
\2\ Final rule, National Ambient Air Quality Standards for
Ozone, 80 FR 65292, 65362.
---------------------------------------------------------------------------
Section 110(a)(1) of the CAA directs each state to make an
infrastructure SIP submission to the EPA within 3 years of promulgation
of a new or revised NAAQS. Infrastructure requirements for SIPs are
provided in section 110(a)(1) and (2) of the CAA. Section 110(a)(2)
lists the specific infrastructure elements that a SIP must contain or
satisfy. The elements that are the subject of this action are described
in detail in our notice of proposed rulemaking (NPRM) published on June
1, 2020 for the State of Utah's infrastructure SIP revision, which was
submitted to the EPA on January 29, 2020.\3\
---------------------------------------------------------------------------
\3\ See Proposed Rule, Promulgation of State Implementation Plan
Revisions; Infrastructure Requirements for the 2015 Ozone National
Ambient Air Quality Standards; Utah, 85 FR 33052, 33053-33058.
---------------------------------------------------------------------------
Comments on our June 1, 2020 NPRM were due on or before July 1,
2020. We received no comments on the proposal.
II. Final Action
In this rulemaking, we are approving multiple elements of the
infrastructure SIP requirements for the 2015 ozone NAAQS for Utah; we
are taking no action here on three infrastructure SIP elements. The
actions we are approving are contained in Table 1 below. The EPA is
approving Utah's January 29, 2020 SIP submission for the following CAA
section 110(a)(2) infrastructure elements for the 2015 ozone NAAQS:
(A), (B), (C), (D)(i)(II) Prong 3, (D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M). The EPA is taking no action in this rule on elements
(D)(i)(I) (Prongs 1 and 2) and (D)(i)(II) (Prong 4).
Table 1--Infrastructure Elements that the EPA is Acting on
------------------------------------------------------------------------
------------------------------------------------------------------------
2015 Ozone NAAQS Infrastructure SIP Elements: Utah
------------------------------------------------------------------------
(A): Emission Limits and Other Control Measures............ A
(B): Ambient Air Quality Monitoring/Data System............ A
(C): Program for Enforcement of Control Measures........... A
(D)(i)(I): Prong 1 Interstate Transport--significant NA
contribution..............................................
(D)(i)(I): Prong 2 Interstate Transport--interference with NA
maintenance...............................................
(D)(i)(II): Prong 3 Interstate Transport--prevention of A
significant deterioration.................................
(D)(i)(II): Prong 4 Interstate Transport--visibility....... NA
(D)(ii): Interstate and International Pollution Abatement.. A
(E): Adequate Resources.................................... A
(F): Stationary Source Monitoring System................... A
(G): Emergency Episodes.................................... A
(H): Future SIP revisions.................................. A
(J): Consultation with Government Officials, Public A
Notification, PSD and Visibility Protection...............
(K): Air Quality and Modeling/Data......................... A
(L): Permitting Fees....................................... A
(M): Consultation/Participation by Affected Local Entities. A
------------------------------------------------------------------------
Key: \4\
\4\ A--Approve.
D--Disapprove.
NA--No Action.
III. 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);
[[Page 57733]]
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide 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. Accordingly, 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 November 16, 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, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Dated: August 20, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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. Amend Sec. 52.2355 by adding paragraph (e) to read as follows:
Sec. 52.2355 Section 110(a)(2) infrastructure requirements.
* * * * *
(e) Gary R. Herbert, Governor, State of Utah, provided submissions
to meet the infrastructure requirements for the State of Utah for the
2015 ozone NAAQS on January 29, 2020. The State's Infrastructure SIP is
approved with respect to the 2015 ozone NAAQS for the following CAA
section 110(a)(2) infrastructure elements: (A), (B), (C), (D)(i)(II)
Prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
[FR Doc. 2020-18780 Filed 9-15-20; 8:45 am]
BILLING CODE 6560-50-P
