Approval and Promulgation of Implementation Plans; Utah; R307-204 Emission Standards: Smoke Management, 24728-24730 [2021-09240]
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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations
TABLE 2—EPA-APPROVED ARIZONA REGULATIONS
State citation
State
effective
date
Title/subject
*
*
*
Additional
explanation
EPA approval date
*
*
*
*
Article 7 (Existing Stationary Source Performance Standards)
*
*
*
R18–2–715, section F, exStandards of Performance for
cluding (F)(2), and section
Existing Primary Copper
G.
Smelters: Site-Specific Requirements.
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2020–0541; FRL–10022–
97–Region 8]
Approval and Promulgation of
Implementation Plans; Utah; R307–204
Emission Standards: Smoke
Management
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving state
implementation plan (SIP) revisions
submitted by State of Utah on November
5, 2019. The revisions amend R307–204
to meet the requirements set forth in
Utah’s 2019 House Bill (H.B.) 155. This
action is being taken under section 110
of the Clean Air Act (CAA).
DATES: This rule is effective on June 9,
2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2020–0541. 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
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
16:22 May 07, 2021
*
September 23, 2014, 79 FR
56655; May 10, 2021, [INSERT Federal Register
CITATION].
*
*
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.
INFORMATION CONTACT
[FR Doc. 2021–09634 Filed 5–7–21; 8:45 am]
VerDate Sep<11>2014
*
March 7, 2009
Jkt 253001
I. Background
On February 25, 2021 (86 FR 11687),
the EPA proposed approval of the
revisions to the Utah Divison of
Administrative Rules, specifically:
R307–204–1. Purpose and Goals; R307–
204–2. Applicability; R307–204–3.
Definitions; R307–204–4. General
Requirements; R307–204–5. Burn
Schedule; R307–204–6. Small
Prescribed Fires (de minimis); R307–
204–7. Small Prescribed Pile Fires (de
minimis); R307–204–8. Large Prescribed
Fires; R307–204–9. Large Prescribed
Pile Fires; and R307–204–10.
Requirements for Wildland Fire Use
events that were submitted by the State
on November 5, 2019.
The rule revisions for R307–204 were
submitted to align with the recent 2019
H.B. 155 which removes outdated
terminology and language regarding
adjusting fire emission factors and
combines sections R307–204–6. Small
Prescribed Fires (de minimis), R307–
204–7. Small Prescribed Pile Fires (de
minimis), R307–204–8. Large Prescribed
Fires, and R307–204–9. Large Prescribed
Pile Fires to reduce redundancies.
II. Response to Comments
The comment period for our February
25, 2021 (86 FR 11687) proposed rule
was open for 30 days. The EPA did not
receive any comments.
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
*
*
*
EPA approved the rescission
of sections (F)(2) and (H)
on May 10, 2021.
*
III. Final Action
For the reasons stated in our February
25, 2021 proposed rule, the EPA is
finalizing approval of SIP revisions
submitted by the State of Utah on
November 5, 2019. EPA is approving:
• Revisions to sections: R307–204–1.
Purpose and Goals; R307–204–2.
Applicability; R307–204–3. Definitions;
R307–204–4. General Requirements; and
R307–204–5. Burn Schedule.
• Revisions to combine R307–204–6.
Small Prescribed Fires (de minimis) and
R307–204–7. Small Prescribed Pile Fires
(de minimis), under R307–204–6. Small
Prescribed Fires (de minimis) to
streamline and reduce redundancies.
• Revisions to combine R307–204–8.
Large Prescribed Fires and R307–204–9.
Large Prescribed Pile Fires, under R307–
204–7, and to retitle R307–204–7 to
‘‘Large Prescribed Fires,’’ which will
streamline and reduce redundancies.
• Removal of R307–204–10.
Requirements for Wildland Fire Use
events. This deletion is removing
outdated smoke policy terminology,
such as, wildland fire use.
The revisions for R307–204 meet the
applicable CAA requirements and
contains smoke management
requirements for land managers within
the State of Utah as required by 40 CFR
51.309(d)(6).
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 R307–204–1; R307–204–2;
R307–204–3; R307–204–4; R307–204–5;
combination of R307–204–6 and R307–
204–7, under R307–204–6 for
streamlining; combination of R307–204–
8 and R307–204–9, under R307–204–7;
and the removal of R307–204–10 due to
outdated information. The EPA has
E:\FR\FM\10MYR1.SGM
10MYR1
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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations
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 SIP, 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 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
khammond on DSKJM1Z7X2PROD with RULES
Rule No.
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 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).
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).
State
effective
date
Rule title
*
*
*
*
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 July 9, 2021.
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: April 28, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
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:
■ a. Revising the entries for ‘‘R307–204–
01’’, ‘‘R307–204–02’’, ‘‘R307–204–03’’,
‘‘R307–204–04’’, ‘‘R307–204–05’’,
‘‘R307–204–06’’, and ‘‘R307–204–07’’.
■ b. Removing the entries for ‘‘R307–
204–08’’, R307–204–09’’, and ‘‘R307–
204–10’’.
The revisions read as follows:
■
§ 52.2320
*
Identification of plan.
*
*
(c) * * *
*
*
Final rule citation, date
*
*
R307–204. Emission Standards: Smoke Management
R307–204–01 ...
1 62
Purpose and Goals .......................................
11/5/2019
[insert Federal Register citation], 5/10/2021.
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
16:22 May 07, 2021
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10MYR1
Comments
*
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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations
Rule No.
R307–204–02
R307–204–03
R307–204–04
R307–204–05
R307–204–06
R307–204–07
...
...
...
...
...
...
Applicability ...................................................
Definitions ......................................................
General Requirements ..................................
Burn Schedule ...............................................
Small Prescribed Fires (de minimis) .............
Large Prescribed Fires ..................................
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R05–OAR–2020–0518; FRL–10023–
60–Region 5]
Air Plan Approval; Wisconsin; Large
Municipal Waste Combustors Negative
Declaration Withdrawal for Designated
Facilities and Pollutants
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving Wisconsin’s
request for withdrawal of the previously
approved Large Municipal Waste
Combustors (LMWC) Negative
Declaration. The Wisconsin Department
of Natural Resources (WDNR) submitted
its LMWC Negative Declaration
withdrawal on September 25, 2020,
certifying that the State of Wisconsin
has only one LMWC unit currently
operating and requesting that the
Federal Plan continue to apply to the
single source in the State.
DATES: This final rule is effective on
June 9, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2020–0518. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., 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 either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
16:22 May 07, 2021
11/5/2019
11/5/2019
11/5/2019
11/5/2019
11/5/2019
11/5/2019
*
[FR Doc. 2021–09240 Filed 5–7–21; 8:45 am]
VerDate Sep<11>2014
State
effective
date
Rule title
Jkt 253001
Final rule citation, date
[insert
[insert
[insert
[insert
[insert
[insert
*
Federal
Federal
Federal
Federal
Federal
Federal
I. Background
On September 25, 2020, WDNR
submitted its LMWC negative
declaration withdrawal, in which it
certifies that there is one LMWC unit
currently operating in Wisconsin. The
only LMWC unit is at Xcel French
Island, located in La Crosse, WI.
Because there is only one source, WDNR
is requesting that the previously
approved negative declaration be
withdrawn and that the Federal Plan
continue to apply to the source.
On March 1, 2021 (86 FR 11916), EPA
published a notice of proposed
rulemaking (NPRM) proposing approval
of Wisconsin’s LMWC Negative
Declaration withdrawal. The specific
details of Wisconsin’s request and the
rationale for EPA’s approval are
discussed in the NPRM and will not be
restated here. EPA did not receive any
comments on the proposed action.
II. What action is EPA taking?
EPA is approving Wisconsin’s request
for withdrawal of a previously approved
Negative Declaration and its request to
amend 40 CFR part 62 to reflect
WDNR’s withdrawal. WDNR submitted
its LMWC Negative Declaration
withdrawal on September 25, 2020,
certifying that there is only one LMWC
unit, as defined under 40 CFR 60.31b,
Frm 00032
Fmt 4700
citation],
citation],
citation],
citation],
citation],
citation],
*
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Margaret
Sieffert, Environmental Engineer, at
(312) 353–1151 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Margaret Sieffert, Environmental
Engineer, Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard (AT–18J), Chicago, Illinois
60604, (312) 353–1151,
sieffert.margaret@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
PO 00000
Register
Register
Register
Register
Register
Register
Sfmt 4700
*
Comments
5/10/2021.
5/10/2021.
5/10/2021.
5/10/2021.
5/10/2021.
5/10/2021.
*
currently operating in the State of
Wisconsin, and requested that the
Federal Plan apply to the single source
in the State. EPA understands that the
extensive work that would be required
by WDNR to prepare an approved State
Plan would be disproportionate to the
single affected source in Wisconsin, and
proposed to approve the withdrawal
and have the Federal Plan continue to
apply to the known affected source.
In this action, EPA is finalizing its
approval. EPA is also revising 40 CFR
62.12360 to reflect this withdrawal.
III. Statutory and Executive Order
Reviews
In reviewing section 111(d)/129 plan
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act (CAA).
With regard to withdrawals for
designated facilities received by EPA
from states, EPA’s role is to notify the
public of the approval of the State’s
withdrawal and revise 40 CFR part 62
accordingly. Accordingly, this action
merely notifies the public of EPA’s
approval for a withdrawal of a
previously approved LMWC negative
declaration and does not impose
additional requirements. 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);
• 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
E:\FR\FM\10MYR1.SGM
10MYR1
]]>Agencies
[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Rules and Regulations]
[Pages 24728-24730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09240]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2020-0541; FRL-10022-97-Region 8]
Approval and Promulgation of Implementation Plans; Utah; R307-204
Emission Standards: Smoke Management
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving state
implementation plan (SIP) revisions submitted by State of Utah on
November 5, 2019. The revisions amend R307-204 to meet the requirements
set forth in Utah's 2019 House Bill (H.B.) 155. This action is being
taken under section 110 of the Clean Air Act (CAA).
DATES: This rule is effective on June 9, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2020-0541. 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 February 25, 2021 (86 FR 11687), the EPA proposed approval of
the revisions to the Utah Divison of Administrative Rules,
specifically: R307-204-1. Purpose and Goals; R307-204-2. Applicability;
R307-204-3. Definitions; R307-204-4. General Requirements; R307-204-5.
Burn Schedule; R307-204-6. Small Prescribed Fires (de minimis); R307-
204-7. Small Prescribed Pile Fires (de minimis); R307-204-8. Large
Prescribed Fires; R307-204-9. Large Prescribed Pile Fires; and R307-
204-10. Requirements for Wildland Fire Use events that were submitted
by the State on November 5, 2019.
The rule revisions for R307-204 were submitted to align with the
recent 2019 H.B. 155 which removes outdated terminology and language
regarding adjusting fire emission factors and combines sections R307-
204-6. Small Prescribed Fires (de minimis), R307-204-7. Small
Prescribed Pile Fires (de minimis), R307-204-8. Large Prescribed Fires,
and R307-204-9. Large Prescribed Pile Fires to reduce redundancies.
II. Response to Comments
The comment period for our February 25, 2021 (86 FR 11687) proposed
rule was open for 30 days. The EPA did not receive any comments.
III. Final Action
For the reasons stated in our February 25, 2021 proposed rule, the
EPA is finalizing approval of SIP revisions submitted by the State of
Utah on November 5, 2019. EPA is approving:
Revisions to sections: R307-204-1. Purpose and Goals;
R307-204-2. Applicability; R307-204-3. Definitions; R307-204-4. General
Requirements; and R307-204-5. Burn Schedule.
Revisions to combine R307-204-6. Small Prescribed Fires
(de minimis) and R307-204-7. Small Prescribed Pile Fires (de minimis),
under R307-204-6. Small Prescribed Fires (de minimis) to streamline and
reduce redundancies.
Revisions to combine R307-204-8. Large Prescribed Fires
and R307-204-9. Large Prescribed Pile Fires, under R307-204-7, and to
retitle R307-204-7 to ``Large Prescribed Fires,'' which will streamline
and reduce redundancies.
Removal of R307-204-10. Requirements for Wildland Fire Use
events. This deletion is removing outdated smoke policy terminology,
such as, wildland fire use.
The revisions for R307-204 meet the applicable CAA requirements and
contains smoke management requirements for land managers within the
State of Utah as required by 40 CFR 51.309(d)(6).
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 R307-204-1; R307-204-
2; R307-204-3; R307-204-4; R307-204-5; combination of R307-204-6 and
R307-204-7, under R307-204-6 for streamlining; combination of R307-204-
8 and R307-204-9, under R307-204-7; and the removal of R307-204-10 due
to outdated information. The EPA has
[[Page 24729]]
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 SIP, 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 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 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 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).
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 July 9, 2021. 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: April 28, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
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:
0
a. Revising the entries for ``R307-204-01'', ``R307-204-02'', ``R307-
204-03'', ``R307-204-04'', ``R307-204-05'', ``R307-204-06'', and
``R307-204-07''.
0
b. Removing the entries for ``R307-204-08'', R307-204-09'', and ``R307-
204-10''.
The revisions read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State Final rule citation,
Rule No. Rule title effective date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-204. Emission Standards: Smoke Management
----------------------------------------------------------------------------------------------------------------
R307-204-01.................. Purpose and Goals....... 11/5/2019 [insert Federal
Register citation], 5/
10/2021.
[[Page 24730]]
R307-204-02.................. Applicability........... 11/5/2019 [insert Federal
Register citation], 5/
10/2021.
R307-204-03.................. Definitions............. 11/5/2019 [insert Federal
Register citation], 5/
10/2021.
R307-204-04.................. General Requirements.... 11/5/2019 [insert Federal
Register citation], 5/
10/2021.
R307-204-05.................. Burn Schedule........... 11/5/2019 [insert Federal
Register citation], 5/
10/2021.
R307-204-06.................. Small Prescribed Fires 11/5/2019 [insert Federal
(de minimis). Register citation], 5/
10/2021.
R307-204-07.................. Large Prescribed Fires.. 11/5/2019 [insert Federal
Register citation], 5/
10/2021.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-09240 Filed 5-7-21; 8:45 am]
BILLING CODE 6560-50-P
