Approval and Promulgation of Implementation Plans; State of Utah; Revisions to Utah Administrative Code: Environmental Quality; Title R307; Air Quality, 54898-54901 [2022-19299]
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54898
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Rules and Regulations
non-blocked financial institution, are
authorized.
(b) This general license does not
authorize:
(1) The opening or maintaining of a
correspondent account or payablethrough account for or on behalf of any
entity subject to Directive 2 under E.O.
14024, Prohibitions Related to
Correspondent or Payable-Through
Accounts and Processing of
Transactions Involving Certain Foreign
Financial Institutions;
(2) Any transactions prohibited by
Directive 4 under E.O. 14024,
Prohibitions Related to Transactions
Involving the Central Bank of the
Russian Federation, the National
Wealth Fund of the Russian Federation,
and the Ministry of Finance of the
Russian Federation; or
(3) Any transactions otherwise
prohibited by the Russian Harmful
Foreign Activities Sanctions
Regulations, 31 CFR part 587 (RuHSR),
including transactions involving any
person blocked pursuant to the RuHSR
other than the blocked persons
described in paragraph (a) of this
general license, unless separately
authorized.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: August 19, 2022.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2022–19313 Filed 9–7–22; 8:45 am]
BILLING CODE 4810–AL–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2022–0186; FRL–9930–02–
R8]
Approval and Promulgation of
Implementation Plans; State of Utah;
Revisions to Utah Administrative
Code: Environmental Quality; Title
R307; Air Quality
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is approving revisions to
the Utah Division of Administrative
Rules (DAR) submitted by the State of
Utah on May 21, 2020, May 28, 2020,
November 3, 2020, and November 12,
2020. The EPA is taking this action
pursuant to the Clean Air Act (CAA).
DATES: This rule is effective on October
11, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2022–0186. 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., 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, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Amanda Brimmer, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6323, brimmer.amanda@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
SUMMARY:
I. Background
The factual and legal background for
this action is discussed in detail in our
June 30, 2022, proposed approval (see
87 FR 39036). In that document we
proposed to approve various revisions
to the Utah SIP that were submitted to
the EPA on May 21, 2020, May 28, 2020,
November 3, 2020, and November 12,
2020. The proposal provides a detailed
description of the revisions and the
rationale for the EPA’s proposed
actions.
The revisions to the Utah
Administrative Code address various
State Implementation Plan (SIP) changes
and updates. Specifically, we are
approving clerical updates to the
General Requirements, Permits, and
Emissions Inventory rules, including
updating the effective date of various
code of federal regulations (CFR)
referenced. Additionally, we are
approving changes to several Permits
rules including adding new definitions,
clarifying testing methods, and
specifying an emissions limit for
particulate matter with an aerodynamic
diameter less than or equal to a nominal
2.5 microns (PM2.5) for emissions impact
analysis. We are also approving the
repeal and replacement of the Emissions
Testing rule as well as approve a new
rule related to abrasive blasting in
particular matter with an aerodynamic
diameter less than or equal to a nominal
10 microns (PM10) nonattainment areas.
We received one anonymous
comment on this proposal which
expressed general opposition to
activities in the state that emit
pollution, such as land ports, railroads,
fracking, abandoned wells, and
development of the Salt Lake City
Valley. The commentor expressed
support for ‘‘higher standards,’’ but did
not provide any specific comments
related to the proposed approval. After
reviewing the comment, EPA has
determined that it is outside the scope
of this action and therefore, the EPA is
not altering its proposed rulemaking.
II. Final Action
We are approving submitted revisions
to R307–101. General Requirements.,
R307–150. Emission Inventories., R307–
165. Stack Testing., R307–306. PM10
Nonattainment and Maintenance Areas:
Abrasive Blasting., R307–401. Permit:
New and Modified Sources., R307–405.
Permits: Major Sources in Attainment or
Unclassified Areas (PSD)., and R307–
410. Permits: Emissions Impact
Analysis. from the State’s May 21, 2020,
May 28, 2020, November 3, 2020, and
November 12, 2020, submittals as
shown in Table 1. We are not acting on
several submittals that were withdrawn
by the State on June 13, 2022.1
TABLE 1—LIST OF UTAH REVISIONS TO R307 THAT THE EPA IS APPROVING IN THIS ACTION
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Revised sections in May 21, 2020, May 28, 2020, November 3, 2020, and November 12, 2020, submittals for approval
May 21, 2020 Submittal:
R307–401–2, R307–401–10, R307–401–15.
May 28, 2020 Submittal:
1 On June 13, 2022, the state of Utah withdrew
submittals for R307–150–3, R307–150–9, R307–
210–1, R307–214–1, R307–214–2, R307–401–16,
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R307–410–5, R307–501, R307–502, R307–503,
R307–504, R307–505, R307–506, R307–507, R307–
508, R307–509, R307–510, and R307–511. See letter
PO 00000
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from Governor Spencer Cox to KC Becker, Region
8 Administrator.
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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Rules and Regulations
54899
TABLE 1—LIST OF UTAH REVISIONS TO R307 THAT THE EPA IS APPROVING IN THIS ACTION—Continued
Revised sections in May 21, 2020, May 28, 2020, November 3, 2020, and November 12, 2020, submittals for approval
R307–150–1, R307–401–2, R307–401–4, R307–401–5, R307–401–6, R307–401–9, R307–401–10, R307–401–11, R307–401–14, R307–
401–15, R307–401–16.
November 3, 2020 Submittal:
R307–101–3, R307–165–1, R307–165–2, R307–165–3, R307–165–4, R307–165–5, R307–165–6, R307–405–2, R307–410–3, R307–410–
4.
November 12, 2020 Submittal:
R307–306–1, R307–306–2, R307–306–3, R307–306–4, R307–306–5, R307–306–6, R307–306–7.
III. 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 finalizing the
incorporation by reference of Rule
R307–101, R307–150, R307–165, R307–
306, R307–401, R307–405, and R307–
410 discussed in section I of this
preamble and listed in the amendments
to 40 CFR part 52 set forth below. The
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and at the EPA Region 8 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the state implementation plan, have
been incorporated by reference by the
EPA into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP compilation.2
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IV. 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 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);
2 62
FR 27968 (May 22, 1997).
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16:04 Sep 07, 2022
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• 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. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
PO 00000
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Fmt 4700
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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 7, 2022. 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 30, 2022.
KC Becker,
Regional Administrator, Region 8.
For the reasons set forth in the
preamble, 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.
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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Rules and Regulations
Subpart TT—Utah
2. In § 52.2320, in the table in
paragraph (c):
■ a. Revise entries ‘‘R307–101–3’’ and
‘‘R307–150–01’’.
■ b. Remove the center heading ‘‘R307–
165. Emission Testing’’ and entry
‘‘R307–165’’.
■ c. Add the center heading ‘‘R307–165.
Stack Testing’’ and the entries ‘‘R307–
165–01’’, ‘‘R307–165–02’’, ‘‘R307–165–
■
Rule No.
03’’, ‘‘R307–165–04’’, ‘‘R307–165–05’’,
and ‘‘R307–165–06’’ in numerical order.
■ d. Add the center heading ‘‘R307–306.
PM10 Nonattainment and Maintenance
Areas: Abrasive Blasting’’ and the
entries ‘‘R307–306–01’’, ‘‘R307–306–
02’’, ‘‘R307–306–03’’, ‘‘R307–306–04’’,
‘‘R307–306–05’’, ‘‘R307–306–06’’, and
‘‘R307–306–07’’ in numerical order.
■ e. Revise entries ‘‘R307–401–02’’,
‘‘R307–401–04’’, ‘‘R307–401–05’’,
State effective
date
Rule title
‘‘R307–401–06’’, ‘‘R307–401–09’’,
‘‘R307–401–10’’, ‘‘R307–401–11’’,
‘‘R307–401–14’’, ‘‘R307–401–15’’,
‘‘R307–401–16’’, ‘‘R307–405–02’’,
‘‘R307–410–03’’, and ‘‘R307–410–04’’.
The revisions and additions read as
follows:
§ 52.2320
*
Identification of plan.
*
*
(c) * * *
*
Final rule citation, date
*
Comments
R307–101. General Requirements
*
R307–101–3 ......
*
*
*
Version of Code of Federal Regulations Incorporated by Reference.
*
*
6/4/2020
*
*
[insert Federal Register citation],
9/8/2022.
*
*
*
Previous SIP approval: 7/10/20.
*
*
*
R307–150. Emission Inventories
R307–150–01 ....
*
Purpose and General Requirements.
*
3/5/2018
*
[insert Federal Register citation],
9/8/2022.
*
Previous SIP approvals: 12/14/12;
4/25/22.
*
*
*
R307–165. Stack Testing
R307–165–01 ....
Purpose and Applicability .............
R307–165–02 ....
Testing Frequency ........................
6/3/2020
8/10/2020
6/3/2020
R307–165–03 ....
Notification of DAQ .......................
6/3/2020
R307–165–04 ....
Test Conditions .............................
6/3/2020
R307–165–05 ....
Reporting .......................................
6/3/2020
R307–165–06 ....
Rejection of Test Results ..............
6/3/2020
*
*
*
[insert Federal
9/8/2022.
[insert Federal
9/8/2022.
[insert Federal
9/8/2022.
[insert Federal
9/8/2022.
[insert Federal
9/8/2022.
[insert Federal
9/8/2022.
*
Register citation],
Previous SIP approval: 2/14/06.
Register citation],
Previous SIP approval: 2/14/06.
Register citation],
Previous SIP approval: 2/14/06.
Register citation],
Previous SIP approval: 2/14/06.
Register citation],
Register citation],
*
*
*
*
*
khammond on DSKJM1Z7X2PROD with RULES
R307–306. PM10 Nonattainment and Maintenance Areas: Abrasive Blasting
R307–306–01 ....
Purpose .........................................
9/2/2005
R307–306–02 ....
Definitions .....................................
9/2/2005
R307–306–03 ....
Applicability ...................................
9/2/2005
R307–306–04 ....
Visible Emission Standard ............
9/2/2005
R307–306–05 ....
9/2/2005
R307–306–06 ....
Visible Emission Evaluation Techniques.
Performance Standards ................
R307–306–07 ....
Compliance Schedule ...................
9/2/2005
*
*
[insert Federal
9/8/2022.
[insert Federal
9/8/2022.
[insert Federal
9/8/2022.
[insert Federal
9/8/2022.
[insert Federal
9/8/2022.
[insert Federal
9/8/2022.
[insert Federal
9/8/2022.
9/2/2005
*
*
Register citation],
Register citation],
Register citation],
Register citation],
Register citation],
Register citation],
Register citation],
*
R307–401. Permit: New and Modified Sources
*
R307–401–02 ....
VerDate Sep<11>2014
*
*
Definitions .....................................
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*
3/5/2020
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*
[insert Federal Register citation],
9/8/2022.
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*
*
Previous SIP approval: 2/6/14.
08SER1
54901
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Rules and Regulations
State effective
date
Rule No.
Rule title
*
R307–401–04 ....
*
*
General Requirements ..................
3/5/2020
R307–401–05 ....
Notice of Intent ..............................
3/5/2020
R307–401–06 ....
Review Period ...............................
3/5/2020
*
R307–401–09 ....
*
*
Small Source Exemption ..............
3/5/2020
R307–401–10 ....
Source Category Exemptions .......
3/5/2020
R307–401–11 ....
Replacement-in-Kind Equipment ..
3/5/2020
*
R307–401–14 ....
*
*
Used Oil Fuel Burned for Energy
Recovery.
Air Strippers and Soil Vapor Extraction Projects.
De minimis Emissions From Soil
Aeration Projects.
R307–401–15 ....
R307–401–16 ....
*
*
Final rule citation, date
*
*
*
3/5/2020
3/5/2020
3/5/2020
*
Comments
*
[insert Federal Register citation],
9/8/2022.
[insert Federal Register citation],
9/8/2022.
[insert Federal Register citation],
9/8/2022.
*
[insert Federal Register citation],
9/8/2022.
[insert Federal Register citation],
9/8/2022.
[insert Federal Register citation],
9/8/2022.
*
[insert Federal Register citation],
9/8/2022.
[insert Federal Register citation],
9/8/2022.
[insert Federal Register citation],
9/8/2022.
*
*
*
Previous SIP approval: 2/6/14.
Previous SIP approval: 2/6/14.
Previous SIP approval: 2/6/14.
*
*
Previous SIP approval: 2/6/14.
Previous SIP approval: 5/27/2021.
Previous SIP approval: 2/6/14.
*
*
Previous SIP approval: 5/13/14.
Previous SIP approval: 1/29/16.
Previous SIP approval: 5/13/14.
*
*
*
R307–405. Permits: Major Sources in Attainment or Unclassified Areas (PSD)
*
R307–405–02 ....
*
*
Applicability ...................................
*
*
*
6/4/2020
*
*
[insert Federal Register citation],
9/8/2022.
*
*
*
Previous SIP approval: 7/10/20.
*
*
*
R307–410. Permits: Emissions Impact Analysis
*
R307–410–03 ....
*
*
Use of Dispersion Models .............
R307–410–04 ....
Modeling of Criteria Pollutant Impacts in Attainment Areas.
*
*
*
*
*
*
*
8/6/2020
*
[insert Federal Register citation],
9/8/2022.
[insert Federal Register citation],
9/8/2022.
*
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 15
[ET Docket No. 20–36; FCC 20–156; FR ID
102319]
Unlicensed White Space Device
Operations in the Television Bands
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
DATES:
The Federal Communications
Commission (Commission) announces
that the Office of Management and
FOR FURTHER INFORMATION CONTACT:
AGENCY:
SUMMARY:
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16:04 Sep 07, 2022
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Amendatory instruction 4.f. for
§ 15.709(g)(1)(ii), published at 86 FR
2278, January 12, 2021, is effective
September 8, 2022.
Hugh Van Tuyl, Office of Engineering
PO 00000
Frm 00041
Fmt 4700
*
*
Previous SIP approval: 7/10/20.
Previous SIP approval: 2/6/14.
*
Budget (OMB) has approved, for a
period of three years, the information
collection associated with the
Commission’s Amendment of the
Commission’s Rules for Unlicensed
White Space Operations in the
Television Bands, Report and Order and
Further Notice of Proposed Rulemaking.
This document is consistent with the
Order, which stated that the
Commission would publish a document
in the Federal Register announcing
OMB approval and the effective date of
the rules related to the information
collection.
*
[FR Doc. 2022–19299 Filed 9–7–22; 8:45 am]
khammond on DSKJM1Z7X2PROD with RULES
*
6/4/2020
Sfmt 4700
*
*
and Technology, at (202) 418–7506, or
email: Hugh.VanTuyl@fcc.gov.
For additional information concerning
the Paperwork Reduction Act
information collection requirements,
contact Nicole Ongele at (202) 418–2991
or nicole.ongele@fcc.gov.
This
document announces that, on July 25,
2022, OMB approved, for a period of
three years, the information collection
requirements relating to the White
Space Database rules contained in the
Commission’s Amendment of Part 15 of
the Commission’s Rules for Unlicensed
White Space Device Operations in the
Television Bands, Report and Order,
FCC 20–156 (86 FR 2278, January 12,
2021). The OMB Control Number is
3060–1155. The Commission publishes
this document as an announcement of
the effective date of the information
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Rules and Regulations]
[Pages 54898-54901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19299]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2022-0186; FRL-9930-02-R8]
Approval and Promulgation of Implementation Plans; State of Utah;
Revisions to Utah Administrative Code: Environmental Quality; Title
R307; Air Quality
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Utah Division of Administrative Rules (DAR) submitted
by the State of Utah on May 21, 2020, May 28, 2020, November 3, 2020,
and November 12, 2020. The EPA is taking this action pursuant to the
Clean Air Act (CAA).
DATES: This rule is effective on October 11, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2022-0186. 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.,
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, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Amanda Brimmer, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6323, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The factual and legal background for this action is discussed in
detail in our June 30, 2022, proposed approval (see 87 FR 39036). In
that document we proposed to approve various revisions to the Utah SIP
that were submitted to the EPA on May 21, 2020, May 28, 2020, November
3, 2020, and November 12, 2020. The proposal provides a detailed
description of the revisions and the rationale for the EPA's proposed
actions.
The revisions to the Utah Administrative Code address various State
Implementation Plan (SIP) changes and updates. Specifically, we are
approving clerical updates to the General Requirements, Permits, and
Emissions Inventory rules, including updating the effective date of
various code of federal regulations (CFR) referenced. Additionally, we
are approving changes to several Permits rules including adding new
definitions, clarifying testing methods, and specifying an emissions
limit for particulate matter with an aerodynamic diameter less than or
equal to a nominal 2.5 microns (PM2.5) for emissions impact
analysis. We are also approving the repeal and replacement of the
Emissions Testing rule as well as approve a new rule related to
abrasive blasting in particular matter with an aerodynamic diameter
less than or equal to a nominal 10 microns (PM10)
nonattainment areas.
We received one anonymous comment on this proposal which expressed
general opposition to activities in the state that emit pollution, such
as land ports, railroads, fracking, abandoned wells, and development of
the Salt Lake City Valley. The commentor expressed support for ``higher
standards,'' but did not provide any specific comments related to the
proposed approval. After reviewing the comment, EPA has determined that
it is outside the scope of this action and therefore, the EPA is not
altering its proposed rulemaking.
II. Final Action
We are approving submitted revisions to R307-101. General
Requirements., R307-150. Emission Inventories., R307-165. Stack
Testing., R307-306. PM10 Nonattainment and Maintenance
Areas: Abrasive Blasting., R307-401. Permit: New and Modified Sources.,
R307-405. Permits: Major Sources in Attainment or Unclassified Areas
(PSD)., and R307-410. Permits: Emissions Impact Analysis. from the
State's May 21, 2020, May 28, 2020, November 3, 2020, and November 12,
2020, submittals as shown in Table 1. We are not acting on several
submittals that were withdrawn by the State on June 13, 2022.\1\
---------------------------------------------------------------------------
\1\ On June 13, 2022, the state of Utah withdrew submittals for
R307-150-3, R307-150-9, R307-210-1, R307-214-1, R307-214-2, R307-
401-16, R307-410-5, R307-501, R307-502, R307-503, R307-504, R307-
505, R307-506, R307-507, R307-508, R307-509, R307-510, and R307-511.
See letter from Governor Spencer Cox to KC Becker, Region 8
Administrator.
Table 1--List of Utah Revisions to R307 That the EPA Is Approving in
This Action
------------------------------------------------------------------------
Revised sections in May 21, 2020, May 28, 2020, November 3, 2020, and
November 12, 2020, submittals for approval
-------------------------------------------------------------------------
May 21, 2020 Submittal:
R307-401-2, R307-401-10, R307-401-15.
May 28, 2020 Submittal:
[[Page 54899]]
R307-150-1, R307-401-2, R307-401-4, R307-401-5, R307-401-6, R307-401-
9, R307-401-10, R307-401-11, R307-401-14, R307-401-15, R307-401-16.
November 3, 2020 Submittal:
R307-101-3, R307-165-1, R307-165-2, R307-165-3, R307-165-4, R307-165-
5, R307-165-6, R307-405-2, R307-410-3, R307-410-4.
November 12, 2020 Submittal:
R307-306-1, R307-306-2, R307-306-3, R307-306-4, R307-306-5, R307-306-
6, R307-306-7.
------------------------------------------------------------------------
III. 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 finalizing the incorporation by reference of
Rule R307-101, R307-150, R307-165, R307-306, R307-401, R307-405, and
R307-410 discussed in section I of this preamble and listed in the
amendments to 40 CFR part 52 set forth below. The EPA has made, and
will continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 8 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by the EPA for inclusion in the state implementation
plan, have been incorporated by reference by the EPA into that plan,
are fully federally enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of the EPA's approval,
and will be incorporated by reference in the next update to the SIP
compilation.\2\
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. 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 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);
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. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 7, 2022. 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 30, 2022.
KC Becker,
Regional Administrator, Region 8.
For the reasons set forth in the preamble, 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.
[[Page 54900]]
Subpart TT--Utah
0
2. In Sec. 52.2320, in the table in paragraph (c):
0
a. Revise entries ``R307-101-3'' and ``R307-150-01''.
0
b. Remove the center heading ``R307-165. Emission Testing'' and entry
``R307-165''.
0
c. Add the center heading ``R307-165. Stack Testing'' and the entries
``R307-165-01'', ``R307-165-02'', ``R307-165-03'', ``R307-165-04'',
``R307-165-05'', and ``R307-165-06'' in numerical order.
0
d. Add the center heading ``R307-306. PM10 Nonattainment and
Maintenance Areas: Abrasive Blasting'' and the entries ``R307-306-01'',
``R307-306-02'', ``R307-306-03'', ``R307-306-04'', ``R307-306-05'',
``R307-306-06'', and ``R307-306-07'' in numerical order.
0
e. Revise entries ``R307-401-02'', ``R307-401-04'', ``R307-401-05'',
``R307-401-06'', ``R307-401-09'', ``R307-401-10'', ``R307-401-11'',
``R307-401-14'', ``R307-401-15'', ``R307-401-16'', ``R307-405-02'',
``R307-410-03'', and ``R307-410-04''.
The revisions and additions read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State Final rule citation,
Rule No. Rule title effective date date Comments
----------------------------------------------------------------------------------------------------------------
R307-101. General Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R307-101-3................. Version of Code of 6/4/2020 [insert Federal Previous SIP
Federal Regulations Register citation], approval: 7/10/20.
Incorporated by 9/8/2022.
Reference.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-150. Emission Inventories
----------------------------------------------------------------------------------------------------------------
R307-150-01................ Purpose and General 3/5/2018 [insert Federal Previous SIP
Requirements. Register citation], approvals: 12/14/12;
9/8/2022. 4/25/22.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-165. Stack Testing
----------------------------------------------------------------------------------------------------------------
R307-165-01................ Purpose and 6/3/2020 [insert Federal Previous SIP
Applicability. 8/10/2020 Register citation], approval: 2/14/06.
9/8/2022.
R307-165-02................ Testing Frequency.... 6/3/2020 [insert Federal Previous SIP
Register citation], approval: 2/14/06.
9/8/2022.
R307-165-03................ Notification of DAQ.. 6/3/2020 [insert Federal Previous SIP
Register citation], approval: 2/14/06.
9/8/2022.
R307-165-04................ Test Conditions...... 6/3/2020 [insert Federal Previous SIP
Register citation], approval: 2/14/06.
9/8/2022.
R307-165-05................ Reporting............ 6/3/2020 [insert Federal
Register citation],
9/8/2022.
R307-165-06................ Rejection of Test 6/3/2020 [insert Federal
Results. Register citation],
9/8/2022.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-306. PM Nonattainment and Maintenance Areas: Abrasive Blasting
----------------------------------------------------------------------------------------------------------------
R307-306-01................ Purpose.............. 9/2/2005 [insert Federal
Register citation],
9/8/2022.
R307-306-02................ Definitions.......... 9/2/2005 [insert Federal
Register citation],
9/8/2022.
R307-306-03................ Applicability........ 9/2/2005 [insert Federal
Register citation],
9/8/2022.
R307-306-04................ Visible Emission 9/2/2005 [insert Federal
Standard. Register citation],
9/8/2022.
R307-306-05................ Visible Emission 9/2/2005 [insert Federal
Evaluation Register citation],
Techniques. 9/8/2022.
R307-306-06................ Performance Standards 9/2/2005 [insert Federal
Register citation],
9/8/2022.
R307-306-07................ Compliance Schedule.. 9/2/2005 [insert Federal
Register citation],
9/8/2022.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-401. Permit: New and Modified Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R307-401-02................ Definitions.......... 3/5/2020 [insert Federal Previous SIP
Register citation], approval: 2/6/14.
9/8/2022.
[[Page 54901]]
* * * * * * *
R307-401-04................ General Requirements. 3/5/2020 [insert Federal Previous SIP
Register citation], approval: 2/6/14.
9/8/2022.
R307-401-05................ Notice of Intent..... 3/5/2020 [insert Federal Previous SIP
Register citation], approval: 2/6/14.
9/8/2022.
R307-401-06................ Review Period........ 3/5/2020 [insert Federal Previous SIP
Register citation], approval: 2/6/14.
9/8/2022.
* * * * * * *
R307-401-09................ Small Source 3/5/2020 [insert Federal Previous SIP
Exemption. Register citation], approval: 2/6/14.
9/8/2022.
R307-401-10................ Source Category 3/5/2020 [insert Federal Previous SIP
Exemptions. Register citation], approval: 5/27/2021.
9/8/2022.
R307-401-11................ Replacement-in-Kind 3/5/2020 [insert Federal Previous SIP
Equipment. Register citation], approval: 2/6/14.
9/8/2022.
* * * * * * *
R307-401-14................ Used Oil Fuel Burned 3/5/2020 [insert Federal Previous SIP
for Energy Recovery. Register citation], approval: 5/13/14.
9/8/2022.
R307-401-15................ Air Strippers and 3/5/2020 [insert Federal Previous SIP
Soil Vapor Register citation], approval: 1/29/16.
Extraction Projects. 9/8/2022.
R307-401-16................ De minimis Emissions 3/5/2020 [insert Federal Previous SIP
From Soil Aeration Register citation], approval: 5/13/14.
Projects. 9/8/2022.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-405. Permits: Major Sources in Attainment or Unclassified Areas (PSD)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R307-405-02................ Applicability........ 6/4/2020 [insert Federal Previous SIP
Register citation], approval: 7/10/20.
9/8/2022.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-410. Permits: Emissions Impact Analysis
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R307-410-03................ Use of Dispersion 6/4/2020 [insert Federal Previous SIP
Models. Register citation], approval: 7/10/20.
9/8/2022.
R307-410-04................ Modeling of Criteria 8/6/2020 [insert Federal Previous SIP
Pollutant Impacts in Register citation], approval: 2/6/14.
Attainment Areas. 9/8/2022.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-19299 Filed 9-7-22; 8:45 am]
BILLING CODE 6560-50-P
