Approval and Promulgation of Implementation Plans; Utah; Source Category Exemptions Revisions, 14297-14299 [2021-05227]

Download as PDF Federal Register / Vol. 86, No. 48 / Monday, March 15, 2021 / Proposed Rules Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * The National Labor Relations Board is withdrawing the notice of proposed rulemaking that was published in the Federal Register on September 23, 2019 (84 FR 49691), and corrected on October 16, 2019 (84 FR 55265). The document proposed a rule establishing that students who perform any services for compensation, including, but not limited to, teaching or research, at a private college or university in connection with their studies are not ‘‘employees’’ within the meaning of Section 2(3) of the National Labor Relations Act. The Board has decided to withdraw this rulemaking proceeding based on its judgment respecting the most effective allocation of the Board’s limited resources at this time. In light of competing agency priorities, the Board has determined to focus its time and resources on the adjudication of cases currently in progress. SUPPLEMENTARY INFORMATION: * AAL AK E5 Craig, AK [NEW] El Capitan Lodge, AK (Lat. 55°57′31″ N, long. 133°15′12″ W) El Capitan Lodge, Point In Space Coordinates (Lat. 55°58′6″ N, long. 133°15′59″ W) That airspace extending upward from 700 feet above the surface within a 2-mile radius from a point in space lat. 55°58′6″ N, long. 133°15′59″ W, and that airspace 1.9 miles each side of the 353° bearing from the point in space extending from the 2-mile radius 8.5 miles north from the point in space and that airspace 2 miles each side of the 232° bearing from the point in space extending from the 2-mile radius 4 miles southwest from the point in space. Issued in Seattle, Washington, on March 9, 2021. B.G. Chew, Acting Group Manager, Operations Support Group, Western Service Center. Dated: Washington, DC, March 9, 2021. By direction of the Board. Roxanne L. Rothschild, Executive Secretary. [FR Doc. 2021–05230 Filed 3–12–21; 8:45 am] BILLING CODE 4910–13–P NATIONAL LABOR RELATIONS BOARD [FR Doc. 2021–05184 Filed 3–12–21; 8:45 am] BILLING CODE 7545–01–P 29 CFR Part 103 ENVIRONMENTAL PROTECTION AGENCY RIN 3142–AA15 Jurisdiction—Nonemployee Status of University and College Students Working in Connection With Their Studies AGENCY: National Labor Relations Withdrawal of proposed rulemaking. ACTION: This document withdraws a proposed rule that was published in the Federal Register on September 23, 2019, as corrected on October 16, 2019. The proposed rule would have established that students who perform any services for compensation, including, but not limited to, teaching or research, at a private college or university in connection with their studies are not ‘‘employees’’ within the meaning of the National Labor Relations Act. DATES: As of March 15, 2021, the proposed rule published on September 23, 2019, at 84 FR 49691, and corrected on October 16, 2019, at 84 FR 55265, is withdrawn. FOR FURTHER INFORMATION CONTACT: Roxanne L. Rothschild, Executive Secretary, National Labor Relations Board, 1015 Half Street SE, Washington, DC 20570–0001, (202) 273–1940 (this is not a toll-free number), 1–866–315–6572 (TTY/TDD). khammond on DSKJM1Z7X2PROD with PROPOSALS VerDate Sep<11>2014 16:14 Mar 12, 2021 Jkt 253001 [EPA–R08–OAR–2021–0056; FRL–10021– 25–Region 8] Approval and Promulgation of Implementation Plans; Utah; Source Category Exemptions Revisions Board. SUMMARY: 40 CFR Part 52 Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve the State of Utah’s Source Category Exemptions Revisions as submitted on November 5, 2019. The EPA is taking this action pursuant to the Clean Air Act (CAA). DATES: Written comments must be received on or before April 14, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R08– OAR–2021–0056, 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 SUMMARY: PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 14297 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 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 electronically in www.regulations.gov. To reduce the risk of COVID–19 transmission, for this action we do not plan to offer hard copy review of the docket. Please email or call the person listed in the FOR FURTHER INFORMATION CONTACT section if you need to make alternative arrangements for access to the docket. FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air and Radiation Division, EPA, Region 8, Mailcode 8ARD–IO, 1595 Wynkoop Street, Denver, Colorado 80202–1129, (303) 312–6227, leone.kevin@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. I. Background The State of Utah’s regulation R307– 401–10 was originally submitted on September 20, 1999 and was titled ‘‘Low Oxides of Nitrogen Burner Technology.’’ The Utah permitting regulations were reorganized and renumbered in Utah’s September 15, 2006 submittal, The ‘‘Low Oxides of Nitrogen Burner Technology’’ was deleted and moved to R307–328 ‘‘Ozone Nonattainment and Maintenance Areas in Utah and Weber Counties Gasoline Transfer and Storage’’; R307–401–10 was then replaced with the title: ‘‘Source Category Exemptions.’’ These revisions were acted on in EPA’s rulemaking ‘‘Approval and Promulgation of Air E:\FR\FM\15MRP1.SGM 15MRP1 14298 Federal Register / Vol. 86, No. 48 / Monday, March 15, 2021 / Proposed Rules Quality Implementation Plans; Utah; Revisions to Utah Administrative Code—Permit: New and Modified Sources’’ which was published on February 2, 2014 (79 FR 7072). The 2006 submittal did not include R307–401– 10(6), which was submitted on November 5, 2019 and we are proposing to act on today. Source categories within R307–401–10 are exempt from going through the approval order process, as outlined in R307–401. The revision we are proposing to act on today adds gasoline dispensing facilities as an exempt source category by adding the following language to the State of Utah’s SIP: khammond on DSKJM1Z7X2PROD with PROPOSALS A gasoline dispensing facility as defined in 40 CFR 63.11132 that is not a major source as defined in R307–101–2. These sources shall comply with the applicable requirements of R307–328 [Gasoline Transfer and Storage] and 40 CFR 63 Subpart CCCCCC: National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities. Sources receiving an exemption under R307–401–10 are still subject to the requirements located in: (1) R307– 401(2)(a), which prevents exempt sources from circumventing major New Source Review (NSR) requirements; (2) R307–401–4, which contains the general permitting requirements; (3) R307–201 through 207, which contains the State permitting area source regulations; and (4) R307 section 300, which contains the State permitting nonattainment and maintenance area regulations. In addition, gasoline dispensing sources under R307–401–10(6) would also have to comply with the requirements of 40 CFR part 63, subpart CCCCCC: National Emissions Standards for Hazardous Air Pollutants for gasoline dispensing facilities and R307–328, which establishes Reasonably Available Control Technology (RACT) for control of gasoline vapors during the filling of gasoline cargo tank and storage tanks in Utah. The rule is based on federal control technique guidance documents. This requirement is commonly referred to as stage I vapor recovery. The exemption thresholds are the thresholds defining a major source and major modification as detailed in R307–101–2 (General Requirements. Definitions.). These thresholds and the additional regulatory safeguards ensure protection of all National Ambient Air Quality Standards (NAAQS) and thus meet the requirements of CAA section 110(a)(2)(C), 40 CFR 51.160, and CAA section 110(l). R307–401–10(6), as described in Utah’s November 5, 2019 submittal, became State effective on June 6, 2019. VerDate Sep<11>2014 16:14 Mar 12, 2021 Jkt 253001 II. The EPA’s Evaluation EPA’s regulations at 40 CFR 51.160 do not require the issuance of a permit for the construction or modification of minor sources, but only that the SIP include a procedure to prevent the construction of a source or modification that would violate the SIP control strategy or interfere with attainment or maintenance of the NAAQS. EPA recognizes that, under the applicable federal regulations, states have broad discretion to determine the scope of their minor NSR programs as needed to attain and maintain the NAAQS. A state may tailor its minor NSR requirements as long as they are consistent with the requirements of CAA 110(a)(2)(C) and 40 CFR 51.160– 164. States may also provide a rationale for why the rules are at least as stringent as the 40 CFR part 51 requirements where the revisions are different from those in 40 CFR part 51. The State of Utah’s permitting regulations located in R307 provide appropriate safeguards to ensure attainment and maintenance of the NAAQS; as noted above. In particular the general provisions in Utah’s permitting rule, R307–401–4 which applies to all new and modified sources, even those under the threshold for being required to obtain an approval order. These general provisions require all control apparatuses to be properly maintained. In addition, the director has authority under R307–401–4(2) to require an approval order for a small source if it is creating an adverse impact on the environment, human health or welfare. III. Proposed Action Based on the above discussion, EPA finds that the addition of R307–401– 10(6) would not interfere with attainment or maintenance of any of the NAAQS in the State of Utah and would not interfere with any other applicable requirement of the CAA and thus is approvable under CAA 110(a)(2)(C), 40 CFR 51.160–164 and CAA section 110(l). Therefore, we are proposing to approve the revisions to ‘‘Source Category Exemptions Revisions’’ as submitted by the State of Utah on November 5, 2019. 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 amendments described in section III. PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 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). 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 E:\FR\FM\15MRP1.SGM 15MRP1 Federal Register / Vol. 86, No. 48 / Monday, March 15, 2021 / Proposed Rules 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 8, 2021. Debra H. Thomas, Acting Regional Administrator, Region 8. [FR Doc. 2021–05227 Filed 3–12–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2010–0042; FRL–10021– 29–Region 1] Air Plan Approval; Connecticut; Definitions of Emergency and Emergency Engine Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Connecticut on December 20, 2019. This revision amends the State’s definitions of ‘‘emergency’’ and ‘‘emergency engine’’ in its air quality regulations. The intended effect of this action is to propose approval of the December 20, 2019, submittal into the Connecticut SIP. This action is being taken under the Clean Air Act. DATES: Written comments must be received on or before April 14, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R01– OAR–2021–0042 at https:// www.regulations.gov, or via email to creilson.john@epa.gov. For comments submitted at Regulations.gov, follow the khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:14 Mar 12, 2021 Jkt 253001 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 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 and facility closures due to COVID–19. FOR FURTHER INFORMATION CONTACT: John Creilson, Air Quality Branch, U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office Square—Suite 100, (Mail code 05–2), Boston, MA 02109, tel. (617) 918–1688, email creilson.john@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. Table of Contents I. Background and Purpose II. Connecticut’s SIP Revision III. Proposed Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background and Purpose On December 20, 2019, the Connecticut Department of Energy and Environmental Protection (DEEP) submitted a revision to its State Implementation Plan (SIP) to add a PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 14299 recent amendment to Connecticut’s air quality regulations concerning the definitions of ‘‘emergency’’ and ‘‘emergency engine,’’ which became effective as state law on October 8, 2019. Effective June 1, 2018, the Independent System Operator for New England (ISO–NE) revised its Operating Procedure No. 4 to reflect changes in how demand response generating units are compensated in the energy markets. Since 2005, DEEP has referred to ISO– NE’s Operating Procedure No. 4 to describe certain circumstances under which an electric generating unit is classified as an emergency unit within its air quality regulations. Due to the ISO–NE’s revisions, references to Operating Procedure No. 4 in Connecticut’s air quality regulations no longer produce the desired result in classifying electric generating units as emergency units for air quality purposes. Classification as an emergency unit means that the unit can only operate during capacity deficiencies (true reliability emergencies) and exempts the unit from meeting certain air quality requirements. Retaining the existing reference could create confusion in the regulated community and allow an increase in emissions if an emission unit owner not entitled to an emergency classification claimed emergency status to avoid expensive pollution controls. II. Connecticut’s SIP Revision On December 20, 2019, the Connecticut Department of Energy and Environmental Protection (DEEP) submitted a SIP revision to EPA. The SIP revision replaces two definitions within the previously approved Regulations of Connecticut State Agencies (RCSA) Section 22a–174–22e, Control of NOX Emissions from Fuelburning Equipment at Major Stationary Sources of NOX. The revision proposes to add to the State’s SIP a recent amendment to 22a–174–22e concerning the definitions of ‘‘emergency’’ and ‘‘emergency engine,’’ which became effective as a state requirement on October 8, 2019. On the whole, this action will make Connecticut’s definition of these terms consistent with the revisions to ISO–NE Operating Procedure No. 4 to reflect changes in how demand response generating units are compensated in the energy markets and will have a beneficial effect on air quality by reducing NOX emissions. Specifically, this action adjusts the definitions of ‘‘emergency’’ and ‘‘emergency engine’’ in RCSA section 22a–174–22e(a) to remove references to Operating Procedure No. 4 (OP–4). Additionally, two compliance options E:\FR\FM\15MRP1.SGM 15MRP1

Agencies

[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Proposed Rules]
[Pages 14297-14299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05227]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2021-0056; FRL-10021-25-Region 8]


Approval and Promulgation of Implementation Plans; Utah; Source 
Category Exemptions Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the State of Utah's Source Category Exemptions Revisions as 
submitted on November 5, 2019. The EPA is taking this action pursuant 
to the Clean Air Act (CAA).

DATES: Written comments must be received on or before April 14, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2021-0056, 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 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 electronically in 
www.regulations.gov. To reduce the risk of COVID-19 transmission, for 
this action we do not plan to offer hard copy review of the docket. 
Please email or call the person listed in the FOR FURTHER INFORMATION 
CONTACT section if you need to make alternative arrangements for access 
to the docket.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, (303) 312-6227, [email protected].

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

I. Background

    The State of Utah's regulation R307-401-10 was originally submitted 
on September 20, 1999 and was titled ``Low Oxides of Nitrogen Burner 
Technology.'' The Utah permitting regulations were reorganized and 
renumbered in Utah's September 15, 2006 submittal, The ``Low Oxides of 
Nitrogen Burner Technology'' was deleted and moved to R307-328 ``Ozone 
Nonattainment and Maintenance Areas in Utah and Weber Counties Gasoline 
Transfer and Storage''; R307-401-10 was then replaced with the title: 
``Source Category Exemptions.'' These revisions were acted on in EPA's 
rulemaking ``Approval and Promulgation of Air

[[Page 14298]]

Quality Implementation Plans; Utah; Revisions to Utah Administrative 
Code--Permit: New and Modified Sources'' which was published on 
February 2, 2014 (79 FR 7072). The 2006 submittal did not include R307-
401-10(6), which was submitted on November 5, 2019 and we are proposing 
to act on today. Source categories within R307-401-10 are exempt from 
going through the approval order process, as outlined in R307-401. The 
revision we are proposing to act on today adds gasoline dispensing 
facilities as an exempt source category by adding the following 
language to the State of Utah's SIP:

    A gasoline dispensing facility as defined in 40 CFR 63.11132 
that is not a major source as defined in R307-101-2. These sources 
shall comply with the applicable requirements of R307-328 [Gasoline 
Transfer and Storage] and 40 CFR 63 Subpart CCCCCC: National 
Emission Standards for Hazardous Air Pollutants for Source Category: 
Gasoline Dispensing Facilities.

    Sources receiving an exemption under R307-401-10 are still subject 
to the requirements located in: (1) R307-401(2)(a), which prevents 
exempt sources from circumventing major New Source Review (NSR) 
requirements; (2) R307-401-4, which contains the general permitting 
requirements; (3) R307-201 through 207, which contains the State 
permitting area source regulations; and (4) R307 section 300, which 
contains the State permitting nonattainment and maintenance area 
regulations. In addition, gasoline dispensing sources under R307-401-
10(6) would also have to comply with the requirements of 40 CFR part 
63, subpart CCCCCC: National Emissions Standards for Hazardous Air 
Pollutants for gasoline dispensing facilities and R307-328, which 
establishes Reasonably Available Control Technology (RACT) for control 
of gasoline vapors during the filling of gasoline cargo tank and 
storage tanks in Utah. The rule is based on federal control technique 
guidance documents. This requirement is commonly referred to as stage I 
vapor recovery. The exemption thresholds are the thresholds defining a 
major source and major modification as detailed in R307-101-2 (General 
Requirements. Definitions.). These thresholds and the additional 
regulatory safeguards ensure protection of all National Ambient Air 
Quality Standards (NAAQS) and thus meet the requirements of CAA section 
110(a)(2)(C), 40 CFR 51.160, and CAA section 110(l).
    R307-401-10(6), as described in Utah's November 5, 2019 submittal, 
became State effective on June 6, 2019.

II. The EPA's Evaluation

    EPA's regulations at 40 CFR 51.160 do not require the issuance of a 
permit for the construction or modification of minor sources, but only 
that the SIP include a procedure to prevent the construction of a 
source or modification that would violate the SIP control strategy or 
interfere with attainment or maintenance of the NAAQS.
    EPA recognizes that, under the applicable federal regulations, 
states have broad discretion to determine the scope of their minor NSR 
programs as needed to attain and maintain the NAAQS. A state may tailor 
its minor NSR requirements as long as they are consistent with the 
requirements of CAA 110(a)(2)(C) and 40 CFR 51.160-164. States may also 
provide a rationale for why the rules are at least as stringent as the 
40 CFR part 51 requirements where the revisions are different from 
those in 40 CFR part 51.
    The State of Utah's permitting regulations located in R307 provide 
appropriate safeguards to ensure attainment and maintenance of the 
NAAQS; as noted above. In particular the general provisions in Utah's 
permitting rule, R307-401-4 which applies to all new and modified 
sources, even those under the threshold for being required to obtain an 
approval order. These general provisions require all control 
apparatuses to be properly maintained. In addition, the director has 
authority under R307-401-4(2) to require an approval order for a small 
source if it is creating an adverse impact on the environment, human 
health or welfare.

III. Proposed Action

    Based on the above discussion, EPA finds that the addition of R307-
401-10(6) would not interfere with attainment or maintenance of any of 
the NAAQS in the State of Utah and would not interfere with any other 
applicable requirement of the CAA and thus is approvable under CAA 
110(a)(2)(C), 40 CFR 51.160-164 and CAA section 110(l). Therefore, we 
are proposing to approve the revisions to ``Source Category Exemptions 
Revisions'' as submitted by the State of Utah on November 5, 2019.

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 amendments described in section III. 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).

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

[[Page 14299]]

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 8, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2021-05227 Filed 3-12-21; 8:45 am]
BILLING CODE 6560-50-P
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