81_FR_46974 81 FR 46836 - Approval and Promulgation of State Implementation Plan Revisions to Permits, Rules and Approval Orders; Utah

81 FR 46836 - Approval and Promulgation of State Implementation Plan Revisions to Permits, Rules and Approval Orders; Utah

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 138 (July 19, 2016)

Page Range46836-46838
FR Document2016-16963

The Environmental Protection Agency (EPA) is taking direct final action to approve State Implementation Plan (SIP) revisions submitted by the State of Utah on February 10, 2012 and August 29, 2014. These submittals request SIP revisions to remove changes to the major source baseline date that were disapproved by the EPA on July 15, 2011. The submittals also address the EPA's February 6, 2014 disapproval of several permit rules related to the public availability of good engineering practice stack height demonstrations in the public comment process for an approval order, and the process for making emission reductions enforceable in an approval order. The EPA is taking this action in accordance with section 110 of the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 138 (Tuesday, July 19, 2016)
[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Rules and Regulations]
[Pages 46836-46838]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16963]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2016-0221; FRL-9948-89-Region 8]


Approval and Promulgation of State Implementation Plan Revisions 
to Permits, Rules and Approval Orders; Utah

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve State Implementation Plan (SIP) revisions 
submitted by the State of Utah on February 10, 2012 and August 29, 
2014. These submittals request SIP revisions to remove changes to the 
major source baseline date that were disapproved by the EPA on July 15, 
2011. The submittals also address the EPA's February 6, 2014 
disapproval of several permit rules related to the public availability 
of good engineering practice stack height demonstrations in the public 
comment process for an approval order, and the process for making 
emission reductions enforceable in an approval order. The EPA is taking 
this action in accordance with section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on September 19, 2016 without further 
notice, unless EPA receives adverse comments by August 18, 2016. If 
adverse comments are received, the EPA will publish a timely withdrawal 
of the direct final rule in the Federal Register informing the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2016-0221, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.,) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-7814, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Why is EPA using a direct final rule?

    The EPA is publishing this rule without a prior proposed rule 
because we view this as a noncontroversial action and anticipate no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to approve the SIP revisions if adverse comments 
are received on this direct final rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document.
    If the EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We would address all public 
comments in any subsequent final rule based on the proposed rule.

II. What should I consider as I prepare my comments for the EPA?

    A. Submitting CBI. Do not submit this information to the EPA 
through www.regulations.gov or email. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI). In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    B. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.

[[Page 46837]]

     Make sure to submit your comments by the comment period 
deadline identified.

III. Analysis of the State Submittals

    Utah's February 10, 2012 submittal removes changes to the major 
source baseline date that were disapproved by the EPA on July 15, 2011. 
The EPA disapproved R307-405-3(3)(a)(i) because it defined ``Major 
Source Baseline Date'' in a manner inconsistent with the federal 
definition found at 40 CFR 52.21(b)(14). The EPA approves these 
revisions.
    The August 29, 2014 SIP revisions address the EPA's February 6, 
2014 disapproval of R307-410-2, Permits: Emissions Impact Analysis, 
Definitions; R307-410-6, Permits: Emissions Impact Analysis, Stack 
Heights and Dispersion Techniques; and R307-401-12, Permit: New and 
Modified Sources, Reduction in Air Contaminants. The submittal also 
amends R307-410-2 to incorporate by reference the date of the Code of 
Federal Regulations referenced in R307-101-3. The EPA approves these 
revisions. The submittal amends R307-410-6 to require the director to 
notify the public of the availability of a demonstration that the 
source stack height meets good engineering practice, and to provide an 
opportunity for public hearing on it as required by 40 CFR 51.164. This 
conforms to what is required by R307-401-7, Public Notice, and the EPA 
approves this revision.
    Finally, the submittal amends R307-401-12 to exempt an owner or 
operator of a stationary source of air contaminants that reduces or 
eliminates air contaminants from the requirement to submit a notice of 
intent and obtain an approval order prior to construction if certain 
conditions are met. Those conditions are: a) the project does not 
increase the potential to emit of any air contaminant or cause 
emissions of any new air contaminant; and b) the director is notified 
of the change and the reduction of air contaminants is made enforceable 
through an approval order in accordance with the notification 
requirements of R307-401-12. The EPA approves these revisions.

IV. What action is the EPA taking today?

    The EPA is taking direct final action to approve the SIP revisions 
submitted by the State of Utah on February 10, 2012 and August 29, 
2014. The EPA is approving the proposed SIP revisions as a direct final 
action without prior proposal because the agency views the revisions as 
noncontroversial and anticipates no adverse comments. However, in the 
Proposed Rules section of today's Federal Register publication, the EPA 
is publishing a separate document that will serve as the proposal to 
approve the SIP revisions if adverse comments are filed. This rule will 
be effective September 19, 2016 without further notice unless the 
Agency receives adverse comments by August 18, 2016. If the EPA 
receives adverse comments, the EPA will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect. The EPA will address all public comments in a subsequent final 
rule based on the proposed rule. The EPA will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. Please note that if the EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, the EPA may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

V. Incorporation by Reference

    In this rule, 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 the Utah 
rules described in the amendments to 40 CFR part 52 set forth below. 
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 
by the Director of the Federal Register in the next update to the SIP 
compilation.\1\ The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region 8 Office (please contact the person identified in the ``For 
Further Information Contact'' section of this preamble for more 
information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Orders Review

    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 
actions, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this direct final action merely approves a 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 
in a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045(62 FR 19885, 
April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
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

[[Page 46838]]

copy of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The EPA will submit a report containing 
this rule 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 September 19, 2016. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that the EPA can withdraw this direct final rule and address the 
comment in the proposed rulemaking. 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, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: June 22, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

    1. The authority citation for Part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart TT--Utah

0
2. Section 52.2320 paragraph (c) is amended by:
0
a. In the table, under the heading ``R307-401, Permit: New and Modified 
Sources'', adding in numerical order, a table entry for ``R307-401-
12'';
0
b. In the table, under the heading ``R307-405. Permits: Major Sources 
in Attainment or Unclassified Areas (PSD)'' revising the table entry 
for ``R307-405-03''; and
0
c. In the table, under the heading ``R307-410. Permits: Emissions 
Impact Analysis'', revising the table entries for ``R307-410-02'' and 
``R307-410-06''.
    The revisions and addition read as follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                            State
 Rule No.          Rule title          effective date   Final rule citation, date             Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                   R307-401. Permit: New and Modified Sources
 
                                                  * * * * * * *
R307-401-  Reduction in Air                08/07/2014  7/19/2016. [Insert Federal  .............................
        12  Contaminants.                               Register citation].
 
                                                  * * * * * * *
                   R307-405. Permits: Major Sources in Attainment or Unclassified Areas (PSD)
 
                                                  * * * * * * *
R307-405-  Definitions...............      02/02/2012  7/19/2016. [Insert Federal  .............................
        03                                              Register citation].
 
                                                  * * * * * * *
                                  R307-410. Permits: Emissions Impact Analysis
 
                                                  * * * * * * *
R307-410-  Definitions...............      08/07/2014  7/19/2016. [Insert Federal  .............................
        02                                              Register citation].
 
                                                  * * * * * * *
R307-410-  Stack Heights and               08/07/2014  7/19/2016. [Insert Federal  .............................
        06  Dispersion Techniques.                      Register citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-16963 Filed 7-18-16; 8:45 am]
 BILLING CODE 6560-50-P



                                           46836               Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Rules and Regulations

                                           minutes prior to the beginning, during,                  were disapproved by the EPA on July                   Register, we are publishing a separate
                                           and thirty minutes following the                         15, 2011. The submittals also address                 document that will serve as the
                                           conclusion of the Parade of Ships. The                   the EPA’s February 6, 2014 disapproval                proposed rule to approve the SIP
                                           Captain of the Port may be assisted by                   of several permit rules related to the                revisions if adverse comments are
                                           other federal, state, or local agencies as               public availability of good engineering               received on this direct final rule. We
                                           needed.                                                  practice stack height demonstrations in               will not institute a second comment
                                              In order to transit through this safety               the public comment process for an                     period on this action. Any parties
                                           zone, authorization must be granted by                   approval order, and the process for                   interested in commenting must do so at
                                           the Captain of the Port, Puget Sound or                  making emission reductions enforceable                this time. For further information about
                                           his designated representative. All vessel                in an approval order. The EPA is taking               commenting on this rule, see the
                                           operators desiring entry into this safety                this action in accordance with section                ADDRESSES section of this document.
                                           zone shall gain authorization by                         110 of the Clean Air Act (CAA).                         If the EPA receives adverse comment,
                                           contacting either the on-scene patrol                    DATES: This rule is effective on                      we will publish a timely withdrawal in
                                           craft on VHF Ch 13 or Ch 16, or Coast                    September 19, 2016 without further                    the Federal Register informing the
                                           Guard Sector Puget Sound Joint Harbor                    notice, unless EPA receives adverse                   public that this direct final rule will not
                                           Operations Center (JHOC) via telephone                   comments by August 18, 2016. If                       take effect. We would address all public
                                           at (206) 217–6002. Vessel operators                      adverse comments are received, the EPA                comments in any subsequent final rule
                                           granted permission to enter this safety                  will publish a timely withdrawal of the               based on the proposed rule.
                                           zone will be escorted by the on-scene                    direct final rule in the Federal Register             II. What should I consider as I prepare
                                           patrol until no longer within the safety                 informing the public that the rule will               my comments for the EPA?
                                           zone.                                                    not take effect.
                                              This document is issued under                         ADDRESSES: Submit your comments,
                                                                                                                                                             A. Submitting CBI. Do not submit this
                                           authority of 33 CFR 165.1330 and 5                       identified by Docket ID No. EPA–R08–                  information to the EPA through
                                           U.S.C. 552(a). In addition to this notice                OAR–2016–0221, at http://                             www.regulations.gov or email. Clearly
                                           of enforcement in the Federal Register,                  www.regulations.gov. Follow the online                mark the part or all of the information
                                           the Coast Guard will provide the                         instructions for submitting comments.                 that you claim to be CBI. For CBI
                                           maritime community with advanced                         Once submitted, comments cannot be                    information in a disk or CD ROM that
                                           notification of the safety zone via the                  edited or removed from Regulations.gov.               you mail to EPA, mark the outside of the
                                           Local Notice to Mariners and marine                      The EPA may publish any comment                       disk or CD ROM as CBI and then
                                           information broadcasts. If the Captain of                received to its public docket. Do not                 identify electronically within the disk or
                                           the Port determines that the regulated                   submit electronically any information                 CD ROM the specific information that is
                                           area need not be enforced for the full                   you consider to be Confidential                       claimed as CBI). In addition to one
                                           duration stated in this notice of                        Business Information (CBI) or other                   complete version of the comment that
                                           enforcement, he may use a Broadcast                      information whose disclosure is                       includes information claimed as CBI, a
                                           Notice to Mariners to grant general                      restricted by statute. Multimedia                     copy of the comment that does not
                                           permission to enter the regulated area.                  submissions (audio, video, etc.,) must be             contain the information claimed as CBI
                                                                                                    accompanied by a written comment.                     must be submitted for inclusion in the
                                             Dated: July 13, 2016.
                                                                                                    The written comment is considered the                 public docket. Information so marked
                                           M.W. Raymond,                                                                                                  will not be disclosed except in
                                           Captain, U.S. Coast Guard, Captain of the                official comment and should include
                                                                                                    discussion of all points you wish to                  accordance with procedures set forth in
                                           Port, Puget Sound.                                                                                             40 CFR part 2.
                                           [FR Doc. 2016–16979 Filed 7–18–16; 8:45 am]              make. The EPA will generally not
                                                                                                                                                             B. Tips for Preparing Your Comments.
                                                                                                    consider comments or comment
                                           BILLING CODE 9110–04–P                                                                                         When submitting comments, remember
                                                                                                    contents located outside of the primary
                                                                                                                                                          to:
                                                                                                    submission (i.e., on the web, cloud, or
                                                                                                                                                             • Identify the rulemaking by docket
                                                                                                    other file sharing system). For
                                           ENVIRONMENTAL PROTECTION                                                                                       number and other identifying
                                                                                                    additional submission methods, the full
                                           AGENCY                                                                                                         information (subject heading, Federal
                                                                                                    EPA public comment policy,
                                                                                                                                                          Register date and page number).
                                           40 CFR Part 52                                           information about CBI or multimedia                      • Follow directions—The agency may
                                                                                                    submissions, and general guidance on                  ask you to respond to specific questions
                                           [EPA–R08–OAR–2016–0221; FRL–9948–89-                     making effective comments, please visit
                                           Region 8]                                                                                                      or organize comments by referencing a
                                                                                                    http://www2.epa.gov/dockets/                          Code of Federal Regulations (CFR) part
                                                                                                    commenting-epa-dockets.                               or section number.
                                           Approval and Promulgation of State
                                           Implementation Plan Revisions to                         FOR FURTHER INFORMATION CONTACT: Jody                    • Explain why you agree or disagree;
                                           Permits, Rules and Approval Orders;                      Ostendorf, Air Program, U.S.                          suggest alternatives and substitute
                                           Utah                                                     Environmental Protection Agency                       language for your requested changes.
                                                                                                    (EPA), Region 8, Mail Code 8P–AR,                        • Describe any assumptions and
                                           AGENCY: Environmental Protection                         1595 Wynkoop Street, Denver, Colorado                 provide any technical information and/
                                           Agency.                                                  80202–1129, (303) 312–7814,                           or data that you used.
                                           ACTION: Direct final rule.                               ostendorf.jody@epa.gov.                                  • If you estimate potential costs or
                                                                                                    SUPPLEMENTARY INFORMATION:                            burdens, explain how you arrived at
                                           SUMMARY:   The Environmental Protection                                                                        your estimate in sufficient detail to
                                           Agency (EPA) is taking direct final                      I. Why is EPA using a direct final rule?
                                                                                                                                                          allow for it to be reproduced.
ehiers on DSK5VPTVN1PROD with RULES




                                           action to approve State Implementation                      The EPA is publishing this rule                       • Provide specific examples to
                                           Plan (SIP) revisions submitted by the                    without a prior proposed rule because                 illustrate your concerns, and suggest
                                           State of Utah on February 10, 2012 and                   we view this as a noncontroversial                    alternatives.
                                           August 29, 2014. These submittals                        action and anticipate no adverse                         • Explain your views as clearly as
                                           request SIP revisions to remove changes                  comment. However, in the ‘‘Proposed                   possible, avoiding the use of profanity
                                           to the major source baseline date that                   Rules’’ section of today’s Federal                    or personal threats.


                                      VerDate Sep<11>2014   13:36 Jul 18, 2016   Jkt 238001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\19JYR1.SGM   19JYR1


                                                               Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Rules and Regulations                                              46837

                                             • Make sure to submit your                             of today’s Federal Register publication,                  they meet the criteria of the Clean Air
                                           comments by the comment period                           the EPA is publishing a separate                          Act. Accordingly, this direct final action
                                           deadline identified.                                     document that will serve as the proposal                  merely approves a state law as meeting
                                                                                                    to approve the SIP revisions if adverse                   federal requirements and does not
                                           III. Analysis of the State Submittals
                                                                                                    comments are filed. This rule will be                     impose additional requirements beyond
                                              Utah’s February 10, 2012 submittal                    effective September 19, 2016 without                      those imposed by state law. For that
                                           removes changes to the major source                      further notice unless the Agency                          reason, this action:
                                           baseline date that were disapproved by                   receives adverse comments by August                          • Is not a ‘‘significant regulatory
                                           the EPA on July 15, 2011. The EPA                        18, 2016. If the EPA receives adverse                     action’’ subject to review by the Office
                                           disapproved R307–405–3(3)(a)(i)                          comments, the EPA will publish a                          of Management and Budget under
                                           because it defined ‘‘Major Source                        timely withdrawal in the Federal                          Executive Order 12866 (58 FR 51735,
                                           Baseline Date’’ in a manner inconsistent                 Register informing the public that the                    October 4, 1993);
                                           with the federal definition found at 40                  rule will not take effect. The EPA will                      • Does not impose an information
                                           CFR 52.21(b)(14). The EPA approves                       address all public comments in a                          collection burden under the provisions
                                           these revisions.                                         subsequent final rule based on the                        of the Paperwork Reduction Act (44
                                              The August 29, 2014 SIP revisions                     proposed rule. The EPA will not                           U.S.C. 3501 et seq.);
                                           address the EPA’s February 6, 2014                       institute a second comment period on                         • Is certified as not having a
                                           disapproval of R307–410–2, Permits:                      this action. Any parties interested in                    significant economic impact in a
                                           Emissions Impact Analysis, Definitions;                  commenting must do so at this time.                       substantial number of small entities
                                           R307–410–6, Permits: Emissions Impact                    Please note that if the EPA receives                      under the Regulatory Flexibility Act (5
                                           Analysis, Stack Heights and Dispersion                   adverse comment on an amendment,                          U.S.C. 601 et seq.);
                                           Techniques; and R307–401–12, Permit:                     paragraph, or section of this rule and if                    • Does not contain any unfunded
                                           New and Modified Sources, Reduction                      that provision may be severed from the                    mandate or significantly or uniquely
                                           in Air Contaminants. The submittal also                  remainder of the rule, the EPA may                        affect small governments, as described
                                           amends R307–410–2 to incorporate by                      adopt as final those provisions of the                    in the Unfunded Mandates Reform Act
                                           reference the date of the Code of Federal                rule that are not the subject of an                       of 1995 (Pub. L. 104–4);
                                           Regulations referenced in R307–101–3.                    adverse comment.                                             • Does not have federalism
                                           The EPA approves these revisions. The                                                                              implications as specified in Executive
                                           submittal amends R307–410–6 to                           V. Incorporation by Reference                             Order 13132 (64 FR 43255, August 10,
                                           require the director to notify the public                   In this rule, the EPA is finalizing                    1999);
                                           of the availability of a demonstration                   regulatory text that includes                                • Is not an economically significant
                                           that the source stack height meets good                  incorporation by reference. In                            regulatory action based on health or
                                           engineering practice, and to provide an                  accordance with requirements of 1 CFR                     safety risks subject to Executive Order
                                           opportunity for public hearing on it as                  51.5, the EPA is finalizing the                           13045(62 FR 19885, April 23, 1997);
                                           required by 40 CFR 51.164. This                          incorporation by reference of the Utah                       • Is not a significant regulatory action
                                           conforms to what is required by R307–                    rules described in the amendments to 40                   subject to Executive Order 13211 (66 FR
                                           401–7, Public Notice, and the EPA                        CFR part 52 set forth below. Therefore,                   28355, May 22, 2001);
                                           approves this revision.                                  these materials have been approved by                        • Is not subject to requirements of
                                              Finally, the submittal amends R307–                   the EPA for inclusion in the State                        Section 12(d) of the National
                                           401–12 to exempt an owner or operator                    Implementation Plan, have been                            Technology Transfer and Advancement
                                           of a stationary source of air                            incorporated by reference by the EPA                      Act of 1995 (15 U.S.C. 272 note) because
                                           contaminants that reduces or eliminates                  into that plan, are fully federally                       application of those requirements would
                                           air contaminants from the requirement                    enforceable under sections 110 and 113                    be inconsistent with the Clean Air Act;
                                           to submit a notice of intent and obtain                  of the CAA as of the effective date of the                and
                                           an approval order prior to construction                  final rulemaking of the EPA’s approval,                      • Does not provide the EPA with the
                                           if certain conditions are met. Those                     and will be incorporated by reference by                  discretionary authority to address, as
                                           conditions are: a) the project does not                  the Director of the Federal Register in                   appropriate, disproportionate human
                                           increase the potential to emit of any air                the next update to the SIP compilation.1                  health or environmental effects, using
                                           contaminant or cause emissions of any                    The EPA has made, and will continue                       practicable and legally permissible
                                           new air contaminant; and b) the director                 to make, these materials generally                        methods, under Executive Order 12898
                                           is notified of the change and the                        available through www.regulations.gov                     (59 FR 7629, February 16, 1994).
                                           reduction of air contaminants is made                    and/or at the EPA Region 8 Office                            The SIP is not approved to apply on
                                           enforceable through an approval order                    (please contact the person identified in                  any Indian reservation land or in any
                                           in accordance with the notification                      the ‘‘For Further Information Contact’’                   other area where the EPA or an Indian
                                           requirements of R307–401–12. The EPA                     section of this preamble for more                         tribe has demonstrated that a tribe has
                                           approves these revisions.                                information).                                             jurisdiction. In those areas of Indian
                                                                                                                                                              country, the rule does not have tribal
                                           IV. What action is the EPA taking                        VI. Statutory and Executive Orders                        implications and will not impose
                                           today?                                                   Review                                                    substantial direct costs on tribal
                                             The EPA is taking direct final action                    Under the Clean Air Act, the                            governments or preempt tribal law as
                                           to approve the SIP revisions submitted                   Administrator is required to approve a                    specified by Executive Order 13175 (65
                                           by the State of Utah on February 10,                     SIP submission that complies with the                     FR 67249, November 9, 2000).
                                           2012 and August 29, 2014. The EPA is                     provisions of the Act and applicable                         The Congressional Review Act, 5
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                                           approving the proposed SIP revisions as                  federal regulations 42 U.S.C. 7410(k); 40                 U.S.C. 801 et seq., as added by the Small
                                           a direct final action without prior                      CFR 52.02(a). Thus, in reviewing SIP                      Business Regulatory Enforcement
                                           proposal because the agency views the                    submissions, the EPA’s role is to                         Fairness Act of 1996, generally provides
                                           revisions as noncontroversial and                        approve state actions, provided that                      that before a rule may take effect, the
                                           anticipates no adverse comments.                                                                                   agency promulgating the rule must
                                           However, in the Proposed Rules section                        1 62   FR 27968 (May 22, 1997).                      submit a rule report, which includes a


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                                           46838                   Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Rules and Regulations

                                           copy of the rule, to each House of the                                action published in the proposed rules                       PART 52—APPROVAL AND
                                           Congress and to the Comptroller General                               section of today’s Federal Register,                         PROMULGATION OF
                                           of the United States. The EPA will                                    rather than file an immediate petition                       IMPLEMENTATION PLANS
                                           submit a report containing this rule and                              for judicial review of this direct final
                                           other required information to the U.S.                                rule, so that the EPA can withdraw this                        1. The authority citation for Part 52
                                           Senate, the U.S. House of                                             direct final rule and address the                            continues to read as follows:
                                           Representatives, and the Comptroller                                  comment in the proposed rulemaking.                              Authority: 42 U.S.C. 7401 et seq.
                                           General of the United States prior to                                 This action may not be challenged later
                                           publication of the rule in the Federal                                in proceedings to enforce its                                Subpart TT—Utah
                                           Register. A major rule cannot take effect                             requirements. (See section 307(b)(2).)
                                           until 60 days after it is published in the                                                                                         ■  2. Section 52.2320 paragraph (c) is
                                           Federal Register. This action is not a                                List of Subjects in 40 CFR Part 52                           amended by:
                                           ‘‘major rule’’ as defined by 5 U.S.C.                                                                                              ■ a. In the table, under the heading
                                           804(2).                                                                 Environmental protection, Air                              ‘‘R307–401, Permit: New and Modified
                                             Under section 307(b)(1) of the Clean                                pollution control, Carbon monoxide,                          Sources’’, adding in numerical order, a
                                           Air Act, petitions for judicial review of                             Incorporation by reference,                                  table entry for ‘‘R307–401–12’’;
                                           this action must be filed in the United                               Intergovernmental relations, Lead,                           ■ b. In the table, under the heading
                                           States Court of Appeals for the                                       Nitrogen dioxide, Ozone, Particulate                         ‘‘R307–405. Permits: Major Sources in
                                           appropriate circuit by September 19,                                  matter, Reporting and recordkeeping                          Attainment or Unclassified Areas
                                           2016. Filing a petition for                                           requirements, Sulfur oxides, Volatile                        (PSD)’’ revising the table entry for
                                           reconsideration by the Administrator of                               organic compounds.                                           ‘‘R307–405–03’’; and
                                           this final rule does not affect the finality                                                                                       ■ c. In the table, under the heading
                                                                                                                    Authority: 42 U.S.C. 7401 et seq.
                                           of this action for the purposes of judicial                                                                                        ‘‘R307–410. Permits: Emissions Impact
                                           review nor does it extend the time                                       Dated: June 22, 2016.                                     Analysis’’, revising the table entries for
                                           within which a petition for judicial                                  Shaun L. McGrath,                                            ‘‘R307–410–02’’ and ‘‘R307–410–06’’.
                                           review may be filed, and shall not                                    Regional Administrator, Region 8.                               The revisions and addition read as
                                           postpone the effectiveness of such rule                                                                                            follows:
                                           or action. Parties with objections to this                              40 CFR part 52 is amended to read as
                                           direct final rule are encouraged to file a                                                                                         § 52.2320    Identification of plan.
                                                                                                                 follows:
                                           comment in response to the parallel                                                                                                *       *    *       *    *
                                           notice of proposed rulemaking for this                                                                                                 (c) * * *

                                                                                                                                    State effective
                                            Rule No.                                     Rule title                                                                    Final rule citation, date                Comments
                                                                                                                                         date


                                                      *                              *                           *                  *                 *                                        *                      *
                                                                                                               R307–401. Permit: New and Modified Sources

                                                    *                        *                       *                                       *                          *                  *                          *
                                                R307–       Reduction in Air Contaminants .........................                    08/07/2014         7/19/2016. [Insert FEDERAL REGISTER citation]
                                               401–12

                                                      *                              *                    *                  *                  *                   *                                                 *
                                                                                         R307–405. Permits: Major Sources in Attainment or Unclassified Areas (PSD)

                                                    *                            *                                 *                         *                          *                  *                          *
                                                R307–       Definitions .........................................................      02/02/2012         7/19/2016. [Insert FEDERAL REGISTER citation]
                                               405–03

                                                      *                              *                           *                 *                 *                                         *                      *
                                                                                                              R307–410. Permits: Emissions Impact Analysis

                                                    *                            *                                 *                         *                          *                  *                          *
                                                R307–       Definitions .........................................................      08/07/2014         7/19/2016. [Insert FEDERAL REGISTER citation]
                                               410–02

                                                    *                       *                   *                                            *                          *                  *                          *
                                                R307–       Stack Heights and Dispersion Techniques ......                             08/07/2014         7/19/2016. [Insert FEDERAL REGISTER citation]
                                               410–06

                                                      *                              *                              *                           *                        *                     *                      *
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                                           *      *       *         *         *
                                           [FR Doc. 2016–16963 Filed 7–18–16; 8:45 am]
                                           BILLING CODE 6560–50–P




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Document Created: 2016-07-19 01:11:00
Document Modified: 2016-07-19 01:11:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on September 19, 2016 without further notice, unless EPA receives adverse comments by August 18, 2016. If adverse comments are received, the EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactJody Ostendorf, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-7814, [email protected]
FR Citation81 FR 46836 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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