80 FR 54237 - Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Motor Vehicle Inspection and Maintenance and Associated Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 174 (September 9, 2015)
Federal Register Volume 80, Issue 174 (September 9, 2015)
| Page Range | 54237-54242 | |
| FR Document | 2015-22594 |
[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)] [Rules and Regulations] [Pages 54237-54242] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-22594] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2014-0370; FRL-9930-71-Region 8] Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Motor Vehicle Inspection and Maintenance and Associated Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Utah on January 10, 2013 and January 28, 2014. The revisions involve amendments to Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability; the addition of Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County; and revisions to Utah Administrative Rules R307-110-1, R307-110-31, and R307-110-36. EPA is approving these SIP revisions in accordance with the requirements of section 110 of the Clean Air Act (CAA). DATES: This final rule is effective October 9, 2015. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R08-OAR-2014-0370. All documents in the docket are listed on the www.regulations.gov Web site. 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 either electronically through www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. EPA requests that if at all possible, you contact the individual listed in FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6479, [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. What was the State's process? III. EPA's Evaluation of the State's Revisions to Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability IV. EPA's Evaluation of the State's Revisions to Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County V. EPA's Evaluation of the State's Associated Revisions to Utah Rules R307-110-1, R307-110-31, and R307-110-36 VI. Consideration of Section 110(l) of the Clean Air Act VII. Final Action VIII. Incorporation by Reference IX. Statutory and Executive Order Reviews I. Background A. Utah's Revisions to SIP Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability Section X of the Utah SIP addresses the provisions and requirements for the motor vehicle inspection and maintenance (I/M) programs that are administered by five counties in Utah. Section X of the SIP is divided into six subparts ``A'' through ``F''; Part A addresses general requirements and applicability provisions that are common to each of the counties' I/M programs, Part B is the Davis County vehicle I/M program, Part C is the Salt Lake County vehicle I/M program, Part D is the Utah County vehicle I/M program, Part E is the Weber County vehicle I/M program, and Part F is the Cache County vehicle I/M program. Section X, Part A is entitled ``Vehicle Inspection and Maintenance Program, General Requirements and Applicability.'' The current version of Part A, last approved by EPA on November 2, 2005 (70 FR 66264), provides a discussion of the federal I/M requirements, the aspects of On-Board Diagnostics (OBD) tests, a brief history of the Utah I/M program and the state's general authority and general information regarding the applicability of the Utah SIP to such I/M program aspects as test frequency, enforcement, vehicle registration, and change in vehicle ownership. Although duplicative, each of the four counties' existing I/M programs, found in Parts B, C, D, and E to Section X, contained very similar language as provided in Part A. By a letter dated January 10, 2013, the Governor of Utah submitted a revision to Section X, Part A that updates and expands Part A to contain the relevant brief history of the Utah I/M program, the state's general authority, additional language on test types, general public information, general enforcement provisions which are relevant to the four counties implementing an existing I/M program, and the new I/M program in Cache County. As Part A is applicable to all five of the counties' I/M programs, this allows the removal of the duplicative general language in existing Section X and allows the consolidation of the common information and provisions in each counties' I/M program into Part A. Each of the counties' I/M programs contained in Section X, Parts B through F will then reference Part A. B. Utah's Revisions to SIP section X, Vehicle Inspection and Maintenance Program, To Add Part F, Cache County On November 13, 2009 (74 FR 58688), EPA designated a portion of Cache County, Utah as nonattainment for the 2006 PM2.5 \1\ 24-hour national ambient air quality standard (NAAQS). The Cache County portion includes the city of Logan, Utah. The nonattainment area, which also includes portions of [[Page 54238]] Franklin County, Idaho, is identified by EPA as ``Logan--UT/ID.'' --------------------------------------------------------------------------- \1\ PM2.5 is Particulate Matter less than or equal to 2.5 microns in diameter. --------------------------------------------------------------------------- Through the course of the development of a dispersion modeled attainment demonstration for Utah's attainment plan, a motor vehicle I/ M program was identified by the state as a reasonable control strategy to achieve reductions of PM2.5 precursor emissions of nitrogen oxides (NOX ) and volatile organic compounds (VOC) necessary to support the SIP attainment demonstration for the Cache County portion of the Logan-UT/ID 2006 PM2.5 24-hour NAAQS nonattainment area. EPA notes, however, that under the applicable subparts of Part D of Title I of the CAA for PM2.5 attainment plans, subparts 1 and 4, Cache County's I/M program is not a CAA mandatory or required I/M program and is therefore not held to the same level of applicable requirements as found in 40 CFR part 51, subpart S (hereafter ``40 CFR 51, subpart S''), I/M program requirements. As an example, a performance standard demonstration is not required for the Cache County I/M program. Part F of Section X, in conjunction with Section X, Part A as discussed above, was instead designed by the County and state to meet the minimum applicable I/M provisions and requirements presented in 40 CFR 51, subpart S. It is also noted in Part F that although only a portion of Cache County was designated as nonattainment for the 2006 PM2.5 24-hour NAAQS, the I/M program will be implemented County-wide. By a letter dated January 28, 2014, the Governor submitted a SIP revision to add Section X, Part F, for the new motor vehicle I/M program for Cache County. As described further below, the Cache County I/M program was designed with certain necessary components from 40 CFR 51, subpart S in order to have a viable I/M program that helps reduce NOX and VOC precursor emissions of PM2.5 . The I/M program also generates emission reductions suitable for use in the PM2.5 attainment demonstration that was subsequently submitted by Utah to EPA on December 16, 2014. C. Utah's Revisions to Rules R307-110-1, R307-110-31, and R307-110-36 The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Utah Division of Administrative Rules, Utah Department of Administrative Services.\2\ Utah's Administrative Rules are a portion of Utah's Codified Law. In Utah, statements written by state agencies which have the effect of law are called administrative rules. Unlike state statutes, which change only when the Utah Legislature is in session, administrative rules change throughout the year. A Utah administrative rule serves at least two purposes; first, an enacted administrative rule has the binding effect of law, and second, an administrative rule informs citizens of actions a state government agency will take or how a state agency will conduct its business. Under the authority of the Utah Air Conservation Act as provided in Utah Code Title 19, Chapter 2, the Utah Air Quality Board (UAQB) adopts certain provisions and requirements into the Utah SIP. Those particular SIP elements must then be incorporated by reference into the appropriate section of the Utah Administrative Rules (hereafter ``Utah Rules''). --------------------------------------------------------------------------- \2\ For further information and citations to the relevant Utah statutes that govern rulemaking, please refer to the Web site of the Division of Administrative Rules: http://www.rules.utah.gov/ . --------------------------------------------------------------------------- By letters dated January 10, 2013 and January 28, 2014, the Governor submitted SIP revisions involving updates to sections of the R307-110 series air quality Utah Rules. The Governor's submittals requested EPA to approve actions taken by the UAQB that updated three sections of the Utah Rules R307-110 series which are entitled ``General Requirements: State Implementation Plan.'' The three rules are: 1. R307-110-1 which incorporates by reference the Utah SIP into the Utah Rules and advises the public that the SIP is available on the Utah Division of Air Quality (UDAQ) Web site. 2. R307-110-31 which incorporates by reference Utah SIP Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability. 3. R307-110-36 which incorporates by reference Utah SIP Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County. D. Proposed rule. On November 10, 2014, EPA published a proposed rule in the Federal Register (see 79 FR 66670) in which we fully described and proposed approval of the SIP revisions discussed above. Our proposed rule provided an opportunity for public comment through December 10, 2014. We did not receive any comments in response to our November 10, 2014 proposed rule. II. What was the State's process? Section 110(a)(2) of the CAA requires that a state provide reasonable notice and public hearing before adopting a SIP revision and submitting it to us. A. The Governor's January 10, 2013 SIP Submittal On October 15, 2012, October 16, 2012, and October 17, 2012 the UAQB of the Utah Department of Environmental Quality conducted public hearings to consider the adoption of revisions and additions to the Utah SIP and the appropriate sections of the Utah Rules. The revisions affecting the SIP involved SIP Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability; SIP Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County; and Utah Rules R307-110-1, R307-110-31, and R307-110-36. After reviewing and responding to comments received before and during the public hearings, the UAQB adopted the proposed revisions on December 5, 2012. The SIP and Utah Rule revisions became state effective on December 6, 2012 and were submitted by the Governor to EPA by a letter dated January 10, 2013. By a subsequent letter dated February 25, 2013, Bryce Bird, Director, UDAQ submitted the necessary administrative documentation that supported the Governor's submittal. We evaluated the Governor's January 10, 2013 submittal for SIP Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability; SIP Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County; and Rules R307-110-1, R307- 110-31, and R307-110-36 and determined that Utah met the requirements for reasonable notice and public hearing under section 110(a)(2) of the CAA. By operation of law under section 110(k)(1)(B) of the CAA, the Governor's January 10, 2013 submittal was deemed complete on July 10, 2013. B. The Governor's January 28, 2014 SIP Submittal On August 7, 2013 the UAQB proposed for public comment amendments to the Utah SIP for Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County and Utah Rule R307-110-36. These proposed revisions superseded and replaced those previous revisions to the SIP for Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County and Utah Rule R307-110-36 that the Governor had submitted to EPA with his letter to EPA dated January 10, 2013. Included with the state's administrative documentation for these SIP and Rule revisions were letters dated October 23, 2013 and October 24, 2013 from Bryce Bird, Director, UDAQ, to the UAQB. Both of these letters indicated that a [[Page 54239]] public comment period was held from September 1 through October 1, 2013, regarding the proposed Cache County I/M program (ref. October 24, 2013 letter) and Utah Rule R307-110-36 (ref. October 23, 2013 letter) revisions, and that no public comments were received and no public hearings were requested. In consideration of these two letters, the UAQB subsequently adopted the proposed revisions on November 6, 2013. The SIP and Rule revisions became State effective on November 7, 2013, and were submitted by the Governor to EPA by a letter dated January 28, 2014. By a subsequent letter dated February 4, 2014, Bryce Bird, Director, UDAQ submitted the necessary administrative documentation that supported the Governor's submittal. We evaluated Utah's January 28, 2014 submittal and determined that the State met the requirements for reasonable notice and public hearing under section 110(a)(2) of the CAA. By a letter dated June 30, 2014, we advised the Governor that the SIP and Rule revisions submittal was deemed to have met the minimum ``completeness'' criteria found in 40 CFR part 51, Appendix V. III. EPA's Evaluation of the State's Revisions to Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability As noted in section I of this action, Section X of the Utah SIP addresses the provisions and requirements for the motor vehicle I/M programs administered by five counties in Utah. Section X of the SIP is divided into six subparts, ``A'' through ``F,'' with Part A addressing general requirements and applicability provisions that are common to each of the counties' I/M programs. Section X, Part A is entitled ``Vehicle Inspection and Maintenance Program, General Requirements and Applicability,'' and its current provisions and requirements, as updated by the Governor's SIP submittal of January 10, 2013, are discussed below: A. Utah SIP Section X, Part A: ``Requirements.'' We provided a full analysis of the revisions to this section of the SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the specific discussion, the reader is directed to section IV of our proposed rule which is entitled ``IV. EPA's Evaluation of the State's Revisions to Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability.'' Please see page 79 FR 66672. B. Utah SIP Section X, Part A: ``General Applicability.'' We provided a full analysis of the revisions to this section of the SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the specific discussion, the reader is directed to section IV of our proposed rule which entitled ``IV. EPA's Evaluation of the State's Revisions to Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability.'' Please see pages 79 FR 66672 and 66673. C. Utah SIP Section X, Part A: ``General Summary.'' We provided a full analysis of the revisions to this section of the SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the specific discussion, the reader is directed to section IV of our proposed rule which entitled ``IV. EPA's Evaluation of the State's Revisions to Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability.'' Please see page 79 FR 66673. Based on EPA's review of Utah's revisions to SIP Section X, Vehicle Inspection and Maintenance Program, Part A, Requirements, General Applicability, and General Summary and in consideration of our full analysis as provided in our proposed rule of November 10, 2014 (79 FR 66670), we have concluded that our approval is warranted. As noted in our November 10, 2014 proposed rule, this conclusion incorporates our review of our prior approval of this section of the SIP (see 70 FR 66264, November 2, 2005) and the applicable sections of 40 CFR 51, subpart S (sections 51.350 to 51.373). We have determined that the revisions to Section X, Vehicle Inspection and Maintenance Program, Part A, Requirements, General Applicability, and General Summary sufficiently address the applicable sections of 40 CFR 51, subpart S for these particular aspects of Utah's five counties' I/M programs. We, therefore, are approving these revisions to the SIP. IV. EPA's Evaluation of the State's Revisions to Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County Section X, Part F of the Utah SIP addresses the provisions and requirements for the implementation of the motor vehicle I/M program in Cache County, Utah. Section X, Part F of the SIP contains three main components for the Cache County I/M program: (a.) The SIP language for Section X Part F that addresses applicability, a general description of the Cache County I/M program, and the time frame for implementation of the I/M program; (b.) the Cache County Emission Inspection/Maintenance Program Ordinance 2013-4; and (c.) the Bear River Health Department's Regulation 2013-1. We note that the Cache County Ordinance 2013-4 contains language which delegates the implementation of the Cache County I/M program to the Bear River Health Department (BRHD). All of the above documents were adopted by the UAQB on November 6, 2013 and were included with the Governor's SIP submittal of January 28, 2014. The documents were supplemented by the February 4, 2014 UDAQ submittal of the administrative documentation and are discussed in further detail below. A. Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County; Applicability, Description of the Cache County I/M Program, and I/M SIP Implementation 1. Applicability. We provided a full analysis of the revisions to this section of the SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the specific discussion, the reader is directed to section V of our proposed rule which entitled ``V. EPA's Evaluation of the State's Revisions to Section X, Part F, Cache County Vehicle Inspection and Maintenance Program.'' Please see page 79 FR 66674. 2. Description of Cache County I/M Program. We provided a full analysis of the revisions to this section of the SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the specific discussion, the reader is directed to section V of our proposed rule which is entitled ``V. EPA's Evaluation of the State's Revisions to Section X, Part F, Cache County Vehicle Inspection and Maintenance Program.'' Please see page 79 FR 66674. Our evaluation discussed components of the Cache County's I/M program involving such aspects as; Network Type, Test Convenience, Subject fleet, Station/inspector Audits, Waivers, Test frequency, Test Equipment, and Test Procedures. 3. I/M SIP Implementation. Our proposed rule of November 10, 2014 (79 FR 66670) noted on page 79 FR 66674 that the SIP states the following to address I/M implementation: ``The I/M program ordinance, regulations, policies, procedures, and activities specified in this I/M SIP revision shall be implemented by January 1, 2014 and shall continue until a maintenance plan without an I/M program is approved by EPA in accordance with Section 175 of the Clean Air Act.'' [[Page 54240]] B. Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County; Appendix 1, Cache County Emission Inspection/Maintenance Program Ordinance 2013-4 We provided a full analysis of the revisions to this section of the SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the specific discussion, the reader is directed to section V of our proposed rule which is entitled ``V. EPA's Evaluation of the State's Revisions to Section X, Part F, Cache County Vehicle Inspection and Maintenance Program.'' Please see page 79 FR 66674. Our evaluation discussed components of the Cache County's I/M program involving such aspects as: Section 1, Purpose; section 2, Powers and Duties; section 3, General Provisions; section 4, Guidelines to be Followed by the Bear River Board of Health in Implementing a Vehicle Emission Inspection and Maintenance Program in Cache County; section 5, Review of Need for Program; and section 6, Effective Date. Of particular note is section 2.3, which delegates implementation of the I/M program to the BRHD, and section 4, which sets several of the parameters for BRHD's program implementation, including test schedules, fees, and waivers. C. Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County; Appendix 2, Bear River Health Department Regulation 2013-1 This section of the SIP provides the BRHD's I/M regulation. The Cache County I/M program is not a CAA mandated program and is, therefore, allotted a certain amount of flexibility in the level of applicable requirements as compared to a CAA or otherwise required mandatory I/M program. The purpose of the Cache County I/M program is to achieve reductions in PM2.5 NAAQS precursor emissions of NOx and VOCs, to improve air quality, and to provide emission reductions for use in a dispersion modeled SIP attainment demonstration. To facilitate these objectives, EPA's analysis of the BRHD's Regulation 2013-1 included a comparison of the BRHD's Regulation 2013-1 to applicable sections of 40 CFR 51, subpart S ``Inspection/ Maintenance Program Requirements.'' EPA's analysis of the BRHD's Regulation 2013-1 was accomplished as described below. EPA reviewed the BRHD's Regulation 2013-1 for consistency with appropriate sections of the federal I/M regulations, as applicable to a non-mandatory I/M program, as codified in 40 CFR 51, subpart S, sections 51.350 through 51.373. We provided a full analysis of the revisions to this section of the SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the specific discussion, the reader is directed to section V of our proposed rule which entitled ``V. EPA's Evaluation of the State's Revisions to Section X, Part F, Cache County Vehicle Inspection and Maintenance Program.'' Please see pages 79 FR 66674 through 66678. Our evaluation discussed components of Cache County's I/M program, with specific references to the particular sections of the BRHD's Regulation 2013-1 and how they appropriately addressed the applicable federal requirements including: 40 CFR 51.350--Applicability; 40 CFR 51.351--Enhanced I/M Performance Standard and 40 CFR 51.352--Basic I/M Performance Standard; 40 CFR 51.353-- Network Type; 40 CFR 51.354--Adequate Tools and Resources; 40 CFR 51.355--Test Frequency and Convenience; 40 CFR 51.356--Vehicle Coverage; 40 CFR 51.357--Test Procedures and Standards; 40 CFR 51.358-- Test Equipment; 40 CFR 51.359--Quality Control; 40 CFR 51.360--Waivers; 40 CFR 51.361--Motorist Compliance Enforcement; 40 CFR 51.362--Motorist Compliance Enforcement Program Oversight; 40 CFR 51.363--Quality Assurance; 40 CFR 51.364--Enforcement Against Contractors, Stations, and Inspectors; 40 CFR 51.365--Data Collection; 40 CFR 51.366--Data Analysis and Reporting; 40 CFR 51.367--Inspector Training and Licensing or Certification; 40 CFR 51.368--Public Information and Consumer Protection; 40 CFR 51.369--Improving Repair Effectiveness; 40 CFR 51.370--Compliance with Recall Notices; 40 CFR 51.371--On-road Testing; 40 CFR 51.372--State Implementation Plan Submittals; and 40 CFR 51.373--Implementation Deadlines. D. Conclusion Our review, as presented in our November 10, 2014 proposed rule (79 FR 66670) and reiterated herein, involved: (1.) Section X, Part F, Vehicle Inspection and Maintenance Program, (2.) Section X, Part F, Appendix 1, which is the Cache County Ordinance 2013-4, and (3.) Appendix 2, which is the BRHD's Regulation 2013-1, all as compared to the applicable provisions of 40 CFR 51, subpart S for a non-mandatory I/M program. Based on our review, we have determined that the SIP revisions sufficiently address the applicable provisions in 40 CFR 51, subpart S for a non-mandatory I/M program and that our approval is warranted. We are, therefore, approving the Cache County I/M program as described and authorized in Section X, Vehicle Inspection and Maintenance Program, Part F, which includes Appendix 1 which is the Cache County Ordinance 2013-4, and Appendix 2 which is the BRHD's Regulation 2013-1. E. Special Consideration of the Diesel I/M Provisions in the BRHD's Regulation 2013-1 As we discussed in our proposed rule (79 FR 66670, November 10, 2014), the Cache County I/M program is not a CAA mandatory or otherwise required I/M program. EPA takes note of the provisions in the BRHD's Regulation 2013-1, Section 9.4.6, which states that ``[a]ll diesel powered vehicles model year 1998 and newer shall be tested as specified in Appendix D, Diesel Test Procedures.'' Appendix D of Regulation 2013- 1 is entitled ``Test Procedures'' and contains test procedures for OBDII, Two Speed Idle (TSI), and for Diesel Powered Vehicles. At this time, EPA has not promulgated specific I/M requirements for diesel I/M programs. We have, to date, only issued policy guidance regarding the gathering of OBD information from OBD-equipped diesel vehicles.\3\ As such, we do not have regulatory language in 40 CFR 51, subpart S to compare the diesel I/M requirements in the BRHD's Regulation 2013-1 for potential SIP approval and SIP credit. However, EPA does believe the above noted diesel I/M provisions in the BRHD's Regulation 2013-1 have potential merit for evaluating diesel vehicles and for reducing emissions from diesel vehicles. We are therefore also approving the diesel I/M provisions in the BRHD's Regulation 2013-1; however, our approval is only for the purposes of strengthening the SIP and we are not approving the provisions as a diesel I/M program nor assigning any SIP credit. --------------------------------------------------------------------------- \3\ See EPA Office of Transportation and Air Quality: ``Best Practices for Addressing OBD Readiness in IM Testing of Diesel Vehicles Under 14,000 Pounds Gross Vehicle Weight Rating,'' March 07, 2013. --------------------------------------------------------------------------- V. EPA's Evaluation of the State's Associated Revisions to Utah Rules R307-110-1, R307-110-31, and R307-110-36 A. Revisions to Utah Rule R307-110-1; Incorporation by Reference As discussed in our proposed rule of November 10, 2014 (79 FR 66670), the purpose of the revisions to R307-110-1 is to incorporate by reference the Utah SIP into this section of the Utah [[Page 54241]] Administrative Rules and to advise the public that the SIP is available on the UDAQ's Web site. EPA finds this an administrative revision that merely incorporates the Utah SIP into the State's Rules, which are a portion of Utah's Codified Law, along with providing the public information that the SIP can be accessed via the internet on the UDAQ's Web site. The revisions to R307-110-1 were adopted by the UAQB on December 5, 2012, became state-effective on December 6, 2012, and were as submitted by the Governor by a letter dated January 10, 2013. By a subsequent letter dated February 25, 2013, Bryce Bird, Director, UDAQ, submitted the necessary administrative documentation that supported the Governor's submittal. B. Revisions to Utah Rule R307-110-31; Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability As discussed in our proposed rule of November 10, 2014 (79 FR 66670), the purpose of the revisions to R307-110-31 is to incorporate by reference into the Utah Rules, SIP Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability, as adopted by the UAQB on December 5, 2012, and which became state- effective on December 6, 2012. The revisions to SIP Section X, Part A, were those as we discussed above in sections I, II, and III of this action, and in our proposed rule, and were as submitted by the Governor by a letter dated January 10, 2013. By a subsequent letter dated February 25, 2013, Bryce Bird, Director, UDAQ, submitted the necessary administrative documentation that supported the Governor's submittal. C. Revisions to Utah Rule R307-110-36; Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County As discussed in our proposed rule of November 10, 2014 (79 FR 66670), the purpose of the revisions to R307-110-36 is to incorporate by reference into the Utah Rules, SIP Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County, as initially adopted by the UAQB on December 5, 2012, and as superseded by the revisions as adopted by the UAQB on November 6, 2013. Those revisions that were adopted by the UAQB on November 6, 2013, became State-effective on November 7, 2013, and are the revisions to SIP Section X, Part F that we discussed above in sections I, II, and IV of this action and in our proposed rule. The November 7, 2013, effective revisions were submitted by the Governor by a letter dated January 28, 2014 and were supported by a subsequent letter, dated February 4, 2014, from Bryce Bird, Director, UDAQ, which submitted the necessary administrative documentation. The revisions to Utah Rules R307-110-1, R307-110-31, and R307-110- 36, as discussed in our proposed rule (79 FR 66670, November 10, 2014) and herein, incorporate by reference the applicable SIP revisions into the Utah Administrative Rules which then codifies them in the Utah Administrative Code. This is acceptable to EPA and we are, therefore, approving these SIP revisions to Utah Rules R307-110-1, R307-110-31, and R307-110-36. VI. Consideration of Section 110(l) of the Clean Air Act Section 110(l) of the CAA states that a SIP revision cannot be approved if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress towards attainment of a NAAQS or any other applicable requirement of the CAA. The provisions of Utah SIP Section X, Part A contain I/M provisions that were previously approved by EPA and were also simultaneously contained in the Utah's SIP Section X for each of the county's I/M programs (i.e., Part B, Part C, Part D, and Part E). The SIP revisions to Section X, Part A do not weaken the previously approved requirements and provisions in Section X, Part A of the SIP, nor do they reduce the emission reductions achieved by the original program areas. Instead, the revisions to SIP Section X, Part A reorganize and expand the existing requirements and provisions, to reflect the redundant language that previously appeared in Parts B, C, D, and E, and to expand SIP Section X, Part A to include the Cache County I/M program (Part F). The revisions to SIP Section X, Part F incorporate a new I/M program for Cache County that will help to reduce PM2.5 precursor emissions of NOx and VOCs. The revisions to Utah Rules R307-110-1, R307-110-31, and R307-110-36 merely incorporate by reference the applicable SIP revisions into the Utah Administrative Rules which then codifies them in the Utah Administrative Code. In view of the above, EPA finds that the revisions to Utah SIP Section X, Part A, Utah SIP Section X Part F, and Utah Rules R307-110-1, R307-110-31, and R307-110-36 will not interfere with attainment, reasonable further progress, or any other applicable requirement of the CAA. VII. Final Action EPA is approving the January 10, 2013 submitted SIP revisions to Utah's SIP Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability, and to Utah Rules R307-110-1 and R307-110-31. In addition, EPA is approving the January 28, 2014 submitted SIP revisions to Utah's SIP Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County, with clarification below, and to Utah Rule R307-110-36.\4\ EPA clarifies that with its approval of Utah's SIP Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County, Appendix 2, the provisions in the BRHD's Regulation 2013-1, Section 9.4.6 and the diesel test procedures as specified in BRHD's Regulation 2013-1, Appendix D are being approved only for purposes of strengthening the SIP. These provisions are not being approved as a diesel I/M program and are not being assigned any SIP credit. --------------------------------------------------------------------------- \4\ In the February 25, 2013 letter from Bryce Bird, Utah proposed to renumber Utah Rule R307-110-36, Section XXIII, Interstate Transport to Utah Rule R307-110-37. EPA plans to take action on that request in a different rulemaking. By approving R307- 110-36, Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County in this action, EPA is not superseding or removing R307-110-36, Section XXIII, Interstate Transport from the federally- enforceable SIP. --------------------------------------------------------------------------- VIII. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Utah SIP materials and rules described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this rule's preamble for more information). IX. 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 Clean Air Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements [[Page 54242]] 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 se.); 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 se.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 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 Clean Air Act; 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). 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 9, 2015. 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 CAA section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, and Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: July 1, 2015. Shaun L. McGrath, Regional Administrator, Region 8. 40 CFR part 52 is amended as follows: PART 52 [AMENDED] 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. Section 52.2320 is amended by adding paragraph (c)(80) to read as follows: Sec. 52.2320 Identification of plan. * * * * * (c) * * * (80) Revisions to the Utah State Implementation Plan involving Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability, and Utah Rules R307-110-1 and R307-110- 31. The Utah Air Quality Board (UAQB) adopted these SIP revisions on December 5, 2012, they became state effective on December 6, 2012, and were submitted by the Governor to EPA by a letter dated January 10, 2013. In addition, revisions to the Utah State Implementation Plan involving; Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County and Utah Rule R307-110-36 were submitted for Agency action. These SIP revisions were adopted by the UAQB November 6, 2013, they became State effective on November 7, 2013, and were submitted by the Governor to EPA by a letter dated January 28, 2014. (i) Incorporation by reference. (A)(1) Utah Rules R307, Environmental Quality, Air Quality, R307- 110, General Requirements: State Implementation Plan, R307-110-1, Incorporation by Reference, and R307-110-31, Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability; effective December 6, 2012, as proposed in the Utah State Bulletin on October 1, 2012, and published as adopted in the Utah State Bulletin on January 1, 2013. (2) Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability, adopted by the Utah Air Quality Board on December 5, 2012. (B)(1) Utah Rule R307, Environmental Quality, Air Quality, R307-110, General Requirements: State Implementation Plan, R307-110-36, Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County; effective November 7, 2013, as proposed in the Utah State Bulletin on September 1, 2013, and published as adopted in the Utah State Bulletin on December 1, 2013. (2) Section X, Vehicle Inspection and Maintenance Program Part F, Cache County, adopted by the Utah Air Quality Board on November 6, 2013. * * * * * [FR Doc. 2015-22594 Filed 9-8-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations 54237
693–4040. Presently, the bridge opens DATES: This final rule is effective addresses general requirements and
on signal for the passage of vessels in October 9, 2015. applicability provisions that are
accordance with 33 CFR 117.5. ADDRESSES: The EPA has established a common to each of the counties’ I/M
The bridge has a vertical clearance of docket for this action under Docket ID programs, Part B is the Davis County
2.4 feet above mean high water, No. EPA–R08–OAR–2014–0370. All vehicle I/M program, Part C is the Salt
elevation 3.0 feet National Geodetic documents in the docket are listed on Lake County vehicle I/M program, Part
Vertical Datum (NGVD) in the closed-to- the www.regulations.gov Web site. D is the Utah County vehicle I/M
navigation position and 73 feet above Although listed in the index, some program, Part E is the Weber County
mean high water in the open-to- information is not publicly available, vehicle I/M program, and Part F is the
navigation position. Navigation on the e.g., Confidential Business Information Cache County vehicle I/M program.
waterway consists mainly of tugs with (CBI) or other information whose Section X, Part A is entitled ‘‘Vehicle
barges and fishing vessels. Based on disclosure is restricted by statute. Inspection and Maintenance Program,
known waterway users, it has been Certain other material, such as General Requirements and
determined that this restriction will not copyrighted material, is not placed on Applicability.’’ The current version of
have a significant effect on vessels using the Internet and will be publicly Part A, last approved by EPA on
the waterway. An alternate route is available only in hard copy form. November 2, 2005 (70 FR 66264),
available via the Company Canal at Publicly available docket materials are provides a discussion of the federal I/M
Lockport, LA. available either electronically through requirements, the aspects of On-Board
In accordance with 33 CFR 117.35, www.regulations.gov or in hard copy at Diagnostics (OBD) tests, a brief history
the bridge must return to its regular the Air Program, Environmental of the Utah I/M program and the state’s
operating schedule immediately at the Protection Agency (EPA), Region 8, general authority and general
end of the effective period of this 1595 Wynkoop Street, Denver, Colorado information regarding the applicability
temporary deviation. 80202–1129. EPA requests that if at all of the Utah SIP to such I/M program
This deviation from the operating possible, you contact the individual aspects as test frequency, enforcement,
regulations is authorized under 33 CFR listed in FOR FURTHER INFORMATION vehicle registration, and change in
117.35. CONTACT section to view the hard copy vehicle ownership. Although
Dated: September 2, 2015. of the docket. You may view the hard duplicative, each of the four counties’
David M. Frank, copy of the docket Monday through existing I/M programs, found in Parts B,
Bridge Administrator, Eighth Coast Guard Friday, 8:00 a.m. to 4:00 p.m., excluding C, D, and E to Section X, contained very
District. federal holidays. similar language as provided in Part A.
[FR Doc. 2015–22513 Filed 9–8–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: Tim
By a letter dated January 10, 2013, the
BILLING CODE 9110–04–P Russ, Air Program, EPA, Region 8,
Governor of Utah submitted a revision
Mailcode 8P–AR, 1595 Wynkoop Street,
to Section X, Part A that updates and
Denver, Colorado 80202–1129, (303)
expands Part A to contain the relevant
ENVIRONMENTAL PROTECTION 312–6479, russ.tim@epa.gov.
brief history of the Utah I/M program,
AGENCY SUPPLEMENTARY INFORMATION: the state’s general authority, additional
Table of Contents language on test types, general public
40 CFR Part 52
information, general enforcement
I. Background
[EPA–R08–OAR–2014–0370; FRL–9930–71–
II. What was the State’s process?
provisions which are relevant to the
Region 8] four counties implementing an existing
III. EPA’s Evaluation of the State’s Revisions
to Section X, Vehicle Inspection and I/M program, and the new I/M program
Approval and Promulgation of Air Maintenance Program, Part A, General in Cache County. As Part A is applicable
Quality Implementation Plans; State of Requirements and Applicability to all five of the counties’ I/M programs,
Utah; Motor Vehicle Inspection and IV. EPA’s Evaluation of the State’s Revisions this allows the removal of the
Maintenance and Associated to Section X, Vehicle Inspection and duplicative general language in existing
Revisions Maintenance Program, Part F, Cache Section X and allows the consolidation
County of the common information and
AGENCY: Environmental Protection V. EPA’s Evaluation of the State’s Associated
Agency (EPA). Revisions to Utah Rules R307–110–1,
provisions in each counties’ I/M
R307–110–31, and R307–110–36 program into Part A. Each of the
ACTION: Final rule.
VI. Consideration of Section 110(l) of the counties’ I/M programs contained in
SUMMARY: The Environmental Protection Clean Air Act Section X, Parts B through F will then
Agency (EPA) is approving State VII. Final Action reference Part A.
Implementation Plan (SIP) revisions VIII. Incorporation by Reference
IX. Statutory and Executive Order Reviews B. Utah’s Revisions to SIP section X,
submitted by the State of Utah on Vehicle Inspection and Maintenance
January 10, 2013 and January 28, 2014. I. Background Program, To Add Part F, Cache County
The revisions involve amendments to
Section X, Vehicle Inspection and A. Utah’s Revisions to SIP Section X,
On November 13, 2009 (74 FR 58688),
Maintenance Program, Part A, General Vehicle Inspection and Maintenance
EPA designated a portion of Cache
Requirements and Applicability; the Program, Part A, General Requirements
County, Utah as nonattainment for the
addition of Section X, Vehicle and Applicability
2006 PM2.5 1 24-hour national ambient
Inspection and Maintenance Program, Section X of the Utah SIP addresses air quality standard (NAAQS). The
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Part F, Cache County; and revisions to the provisions and requirements for the Cache County portion includes the city
Utah Administrative Rules R307–110–1, motor vehicle inspection and of Logan, Utah. The nonattainment area,
R307–110–31, and R307–110–36. EPA is maintenance (I/M) programs that are which also includes portions of
approving these SIP revisions in administered by five counties in Utah.
accordance with the requirements of Section X of the SIP is divided into six 1 PM
2.5 is Particulate Matter less than or equal to
section 110 of the Clean Air Act (CAA). subparts ‘‘A’’ through ‘‘F’’; Part A 2.5 microns in diameter.
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![54240 Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations
B. Section X, Vehicle Inspection and the revisions to this section of the SIP the Cache County I/M program as
Maintenance Program, Part F, Cache in our proposed rule of November 10, described and authorized in Section X,
County; Appendix 1, Cache County 2014 (79 FR 66670). For the specific Vehicle Inspection and Maintenance
Emission Inspection/Maintenance discussion, the reader is directed to Program, Part F, which includes
Program Ordinance 2013–4 section V of our proposed rule which Appendix 1 which is the Cache County
We provided a full analysis of the entitled ‘‘V. EPA’s Evaluation of the Ordinance 2013–4, and Appendix 2
revisions to this section of the SIP in our State’s Revisions to Section X, Part F, which is the BRHD’s Regulation 2013–
proposed rule of November 10, 2014 (79 Cache County Vehicle Inspection and 1.
FR 66670). For the specific discussion, Maintenance Program.’’ Please see pages
79 FR 66674 through 66678. Our E. Special Consideration of the Diesel I/
the reader is directed to section V of our M Provisions in the BRHD’s Regulation
evaluation discussed components of
proposed rule which is entitled ‘‘V. 2013–1
Cache County’s I/M program, with
EPA’s Evaluation of the State’s As we discussed in our proposed rule
specific references to the particular
Revisions to Section X, Part F, Cache (79 FR 66670, November 10, 2014), the
sections of the BRHD’s Regulation
County Vehicle Inspection and Cache County I/M program is not a CAA
2013–1 and how they appropriately
Maintenance Program.’’ Please see page mandatory or otherwise required I/M
addressed the applicable federal
79 FR 66674. Our evaluation discussed program. EPA takes note of the
requirements including: 40 CFR
components of the Cache County’s I/M provisions in the BRHD’s Regulation
51.350—Applicability; 40 CFR 51.351—
program involving such aspects as: 2013–1, Section 9.4.6, which states that
Enhanced I/M Performance Standard
Section 1, Purpose; section 2, Powers and 40 CFR 51.352—Basic I/M ‘‘[a]ll diesel powered vehicles model
and Duties; section 3, General Performance Standard; 40 CFR 51.353— year 1998 and newer shall be tested as
Provisions; section 4, Guidelines to be Network Type; 40 CFR 51.354— specified in Appendix D, Diesel Test
Followed by the Bear River Board of Adequate Tools and Resources; 40 CFR Procedures.’’ Appendix D of Regulation
Health in Implementing a Vehicle 51.355—Test Frequency and 2013–1 is entitled ‘‘Test Procedures’’
Emission Inspection and Maintenance Convenience; 40 CFR 51.356—Vehicle and contains test procedures for OBDII,
Program in Cache County; section 5, Coverage; 40 CFR 51.357—Test Two Speed Idle (TSI), and for Diesel
Review of Need for Program; and section Procedures and Standards; 40 CFR Powered Vehicles.
6, Effective Date. Of particular note is 51.358—Test Equipment; 40 CFR At this time, EPA has not
section 2.3, which delegates 51.359—Quality Control; 40 CFR promulgated specific I/M requirements
implementation of the I/M program to 51.360—Waivers; 40 CFR 51.361— for diesel I/M programs. We have, to
the BRHD, and section 4, which sets Motorist Compliance Enforcement; 40 date, only issued policy guidance
several of the parameters for BRHD’s CFR 51.362—Motorist Compliance regarding the gathering of OBD
program implementation, including test Enforcement Program Oversight; 40 CFR information from OBD-equipped diesel
schedules, fees, and waivers. 51.363—Quality Assurance; 40 CFR vehicles.3 As such, we do not have
C. Section X, Vehicle Inspection and 51.364—Enforcement Against regulatory language in 40 CFR 51,
Maintenance Program, Part F, Cache Contractors, Stations, and Inspectors; 40 subpart S to compare the diesel I/M
County; Appendix 2, Bear River Health CFR 51.365—Data Collection; 40 CFR requirements in the BRHD’s Regulation
Department Regulation 2013–1 51.366—Data Analysis and Reporting; 2013–1 for potential SIP approval and
40 CFR 51.367—Inspector Training and SIP credit. However, EPA does believe
This section of the SIP provides the Licensing or Certification; 40 CFR the above noted diesel I/M provisions in
BRHD’s I/M regulation. The Cache 51.368—Public Information and the BRHD’s Regulation 2013–1 have
County I/M program is not a CAA Consumer Protection; 40 CFR 51.369— potential merit for evaluating diesel
mandated program and is, therefore, Improving Repair Effectiveness; 40 CFR vehicles and for reducing emissions
allotted a certain amount of flexibility in 51.370—Compliance with Recall from diesel vehicles. We are therefore
the level of applicable requirements as Notices; 40 CFR 51.371—On-road also approving the diesel I/M provisions
compared to a CAA or otherwise Testing; 40 CFR 51.372—State in the BRHD’s Regulation 2013–1;
required mandatory I/M program. The Implementation Plan Submittals; and 40 however, our approval is only for the
purpose of the Cache County I/M CFR 51.373—Implementation purposes of strengthening the SIP and
program is to achieve reductions in Deadlines. we are not approving the provisions as
PM2.5 NAAQS precursor emissions of
D. Conclusion a diesel I/M program nor assigning any
NOx and VOCs, to improve air quality,
SIP credit.
and to provide emission reductions for Our review, as presented in our
use in a dispersion modeled SIP November 10, 2014 proposed rule (79 V. EPA’s Evaluation of the State’s
attainment demonstration. To facilitate FR 66670) and reiterated herein, Associated Revisions to Utah Rules
these objectives, EPA’s analysis of the involved: (1.) Section X, Part F, Vehicle R307–110–1, R307–110–31, and R307–
BRHD’s Regulation 2013–1 included a Inspection and Maintenance Program, 110–36
comparison of the BRHD’s Regulation (2.) Section X, Part F, Appendix 1,
A. Revisions to Utah Rule R307–110–1;
2013–1 to applicable sections of 40 CFR which is the Cache County Ordinance
Incorporation by Reference
51, subpart S ‘‘Inspection/Maintenance 2013–4, and (3.) Appendix 2, which is
Program Requirements.’’ EPA’s analysis the BRHD’s Regulation 2013–1, all as As discussed in our proposed rule of
of the BRHD’s Regulation 2013–1 was compared to the applicable provisions November 10, 2014 (79 FR 66670), the
accomplished as described below. of 40 CFR 51, subpart S for a non- purpose of the revisions to R307–110–
EPA reviewed the BRHD’s Regulation mandatory I/M program. Based on our 1 is to incorporate by reference the Utah
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2013–1 for consistency with appropriate review, we have determined that the SIP SIP into this section of the Utah
sections of the federal I/M regulations, revisions sufficiently address the
3 See EPA Office of Transportation and Air
as applicable to a non-mandatory I/M applicable provisions in 40 CFR 51,
Quality: ‘‘Best Practices for Addressing OBD
program, as codified in 40 CFR 51, subpart S for a non-mandatory I/M Readiness in IM Testing of Diesel Vehicles Under
subpart S, sections 51.350 through program and that our approval is 14,000 Pounds Gross Vehicle Weight Rating,’’
51.373. We provided a full analysis of warranted. We are, therefore, approving March 07, 2013.
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![54242 Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations
beyond those imposed by state law. For required information to the U.S. Senate, January 10, 2013. In addition, revisions
that reason, this action: the U.S. House of Representatives, and to the Utah State Implementation Plan
• Is not a significant regulatory action the Comptroller General of the United involving; Section X, Vehicle Inspection
subject to review by the Office of States prior to publication of the rule in and Maintenance Program, Part F,
Management and Budget under the Federal Register. A major rule Cache County and Utah Rule R307–110–
Executive Orders 12866 (58 FR 51735, cannot take effect until 60 days after it 36 were submitted for Agency action.
October 4, 1993) and 13563 (76 FR 3821, is published in the Federal Register. These SIP revisions were adopted by the
January 21, 2011); This action is not a ‘‘major rule’’ as UAQB November 6, 2013, they became
• does not impose an information defined by 5 U.S.C. 804(2). State effective on November 7, 2013,
collection burden under the provisions Under section 307(b)(1) of the Clean and were submitted by the Governor to
of the Paperwork Reduction Act (44 Air Act, petitions for judicial review of EPA by a letter dated January 28, 2014.
U.S.C. 3501 et se.); this action must be filed in the United (i) Incorporation by reference.
• is certified as not having a States Court of Appeals for the (A)(1) Utah Rules R307,
significant economic impact on a appropriate circuit by November 9, Environmental Quality, Air Quality,
substantial number of small entities 2015. Filing a petition for R307–110, General Requirements: State
under the Regulatory Flexibility Act (5 reconsideration by the Administrator of Implementation Plan, R307–110–1,
U.S.C. 601 et se.); this final rule does not affect the finality Incorporation by Reference, and R307–
• does not contain any unfunded of this action for the purposes of judicial 110–31, Section X, Vehicle Inspection
mandate or significantly or uniquely review nor does it extend the time and Maintenance Program, Part A,
affect small governments, as described within which a petition for judicial General Requirements and
in the Unfunded Mandates Reform Act review may be filed, and shall not Applicability; effective December 6,
of 1995 (Public Law 104–4); postpone the effectiveness of such rule 2012, as proposed in the Utah State
• does not have Federalism or action. This action may not be Bulletin on October 1, 2012, and
implications as specified in Executive challenged later in proceedings to published as adopted in the Utah State
Order 13132 (64 FR 43255, August 10, enforce its requirements. (See CAA Bulletin on January 1, 2013.
1999); section 307(b)(2).) (2) Section X, Vehicle Inspection and
• is not an economically significant Maintenance Program, Part A, General
regulatory action based on health or List of Subjects in 40 CFR Part 52 Requirements and Applicability,
safety risks subject to Executive Order Environmental protection, Air adopted by the Utah Air Quality Board
13045 (62 FR 19885, April 23, 1997); pollution control, Carbon monoxide, on December 5, 2012. (B)(1) Utah Rule
• is not a significant regulatory action Incorporation by reference, R307, Environmental Quality, Air
subject to Executive Order 13211 (66 FR Intergovernmental relations, Nitrogen Quality, R307–110, General
28355, May 22, 2001); dioxide, Ozone, Particulate matter, Requirements: State Implementation
• is not subject to requirements of Reporting and recordkeeping Plan, R307–110–36, Section X, Vehicle
Section 12(d) of the National requirements, and Volatile organic Inspection and Maintenance Program,
Technology Transfer and Advancement compounds. Part F, Cache County; effective
Act of 1995 (15 U.S.C. 272 note) because November 7, 2013, as proposed in the
application of those requirements would Authority: 42 U.S.C. 7401 et seq.
Utah State Bulletin on September 1,
be inconsistent with the Clean Air Act; Dated: July 1, 2015. 2013, and published as adopted in the
and Shaun L. McGrath, Utah State Bulletin on December 1,
• does not provide EPA with the Regional Administrator, Region 8. 2013.
discretionary authority to address, as (2) Section X, Vehicle Inspection and
appropriate, disproportionate human 40 CFR part 52 is amended as follows:
Maintenance Program Part F, Cache
health or environmental effects, using County, adopted by the Utah Air Quality
PART 52 [AMENDED]
practicable and legally permissible Board on November 6, 2013.
methods, under Executive Order 12898 ■ 1. The authority citation for Part 52 * * * * *
(59 FR 7629, February 16, 1994). continues to read as follows:
The SIP is not approved to apply on [FR Doc. 2015–22594 Filed 9–8–15; 8:45 am]
any Indian reservation land or in any Authority: 42 U.S.C. 7401 et seq. BILLING CODE 6560–50–P
other area where EPA or an Indian tribe Subpart TT—Utah
has demonstrated that a tribe has
jurisdiction. In those areas of Indian ENVIRONMENTAL PROTECTION
■ 2. Section 52.2320 is amended by
country, the rule does not have tribal AGENCY
adding paragraph (c)(80) to read as
implications and will not impose follows: 40 CFR Part 180
substantial direct costs on tribal
governments or preempt tribal law as § 52.2320 Identification of plan. [EPA–HQ–OPP–2014–0506; FRL–9930–04]
specified by Executive Order 13175 (65 * * * * *
FR 67249, November 9, 2000). (c) * * * Cyprodinil; Pesticide Tolerances
The Congressional Review Act, 5 (80) Revisions to the Utah State AGENCY: Environmental Protection
U.S.C. 801 et seq., as added by the Small Implementation Plan involving Section Agency (EPA).
Business Regulatory Enforcement X, Vehicle Inspection and Maintenance ACTION: Final rule.
Fairness Act of 1996, generally provides Program, Part A, General Requirements
that before a rule may take effect, the and Applicability, and Utah Rules SUMMARY: This regulation establishes
Lhorne on DSK5TPTVN1PROD with RULES
agency promulgating the rule must R307–110–1 and R307–110–31. The tolerances for residues of cyprodinil in
submit a rule report, which includes a Utah Air Quality Board (UAQB) adopted or on multiple commodities that are
copy of the rule, to each House of the these SIP revisions on December 5, identified and discussed later in this
Congress and to the Comptroller General 2012, they became state effective on document, and removes the established
of the United States. EPA will submit a December 6, 2012, and were submitted tolerance on fruit, stone, group 12.
report containing this action and other by the Governor to EPA by a letter dated Interregional Research Project Number 4
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Document Created: 2015-12-15 09:53:38
Document Modified: 2015-12-15 09:53:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective October 9, 2015. | |
| Contact | Tim Russ, Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6479, [email protected] | |
| FR Citation | 80 FR 54237 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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