81_FR_4976 81 FR 4957 - Approval and Promulgation of State Implementation Plan Revisions; Rules, General Requirements and Test Methods; Utah

81 FR 4957 - Approval and Promulgation of State Implementation Plan Revisions; Rules, General Requirements and Test Methods; Utah

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 19 (January 29, 2016)

Page Range4957-4959
FR Document2016-01550

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Utah on January 28, 2010, September 16, 2010, June 18, 2013, and August 29, 2014. These submittals revise the rules, general requirements and test methods for the State of Utah. The amendments also update the version of the Code of Federal Regulations (CFR) incorporated by reference into the rules of the State of Utah. EPA is not taking action on an April 26, 2012 submittal or a November 4, 2013 submittal because they have been superseded by the August 29, 2014 submittal. EPA is taking this action in accordance with section 110 of the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 19 (Friday, January 29, 2016)
[Federal Register Volume 81, Number 19 (Friday, January 29, 2016)]
[Rules and Regulations]
[Pages 4957-4959]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01550]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2015-0085; FRL-9933-49-Region 8]


Approval and Promulgation of State Implementation Plan Revisions; 
Rules, General Requirements and Test Methods; Utah

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 28, 2010, September 16, 2010, June 18, 2013, and August 29, 
2014. These submittals revise the rules, general requirements and test 
methods for the State of Utah. The amendments also update the version 
of the Code of Federal Regulations (CFR) incorporated by reference into 
the rules of the State of Utah. EPA is not taking action on an April 
26, 2012 submittal or a November 4, 2013 submittal because they have 
been superseded by the August 29, 2014 submittal. EPA is taking this 
action in accordance with section 110 of the Clean Air Act (CAA).

DATES: This final rule is effective February 29, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2015-0085. 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 the 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: Jody Ostendorf, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, 303-312-7104, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background for Our Final Action

    The background for today's final rule is discussed in detail in our 
June 19, 2015 proposal (see 80 FR 35295). The comment period was open 
for 30 days and we received no comments.

[[Page 4958]]

II. Final Rule

    EPA is approving the SIP revisions submitted by Utah on January 28, 
2010, September 16, 2010, June 18, 2013 and August 29, 2014. We are 
approving the January 28, 2010 revisions to R307-405-2, with the 
exception of the proposed change to the incorporation by reference 
date, and approving all of the revisions to R307-102. We are approving 
the June 18, 2013 SIP revisions, with the exception of the non-
substantive change to re-number R307-410-5(1)[(d)] to R307-410-
5(1)(c)(i)(C). The August 29, 2014 submittal's newly amended rule 
supersedes and replaces all previous versions of submittals of R307-
101-3, General Requirements, Version of Code of Federal Regulations 
Incorporated by Reference. EPA is approving the August 29, 2014 
revisions. Previous submittals were received on January 28, 2010, 
September 16, 2010, April 26, 2012 and November 4, 2013. No further EPA 
action is required on those earlier submittals.

III. Incorporation by Reference

    In this rule, the EPA is including in a final EPA rule regulatory 
text that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the Utah Division of Air Quality rules regarding rules, 
general requirements, and test methods discussed in the June 19, 2015 
proposal (FR 35295). 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 preamble for more information).

IV. 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, EPA's role is to approve state 
actions, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this final action merely approves some 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 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 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 March 29, 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. 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: August 24, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.

    Editorial note:  This document was received for publication by 
the Office of Federal Register on January 21, 2016.


    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart TT--Utah

0
2. Section 52.2320 is amended by adding and reserving paragraph (c)(81) 
and adding paragraph (c)(82) to read as follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (81) * * *
    (82) On January 28, 2010, September 16, 2010, June 18, 2013, 
November 4, 2013 and August 29, 2014, the Governor submitted revisions 
to the Utah State Implementation Plan (SIP). We are approving the 
January 28, 2010 revisions to R307-405-2, with the exception of the 
proposed change to the incorporation by reference date, and approving 
all of the revisions to R307-102. We are approving the June 18, 2013

[[Page 4959]]

SIP revisions, with the exception of the non-substantive change to re-
number R307-410-5(1)[(d)] to R307-410-5(1)(c)(i)(C). The August 29, 
2014 submittal's newly amended rule supersedes and replaces all 
previous versions of submittals of R307-101-3, General Requirements, 
Version of Code of Federal Regulations Incorporated by Reference. EPA 
is approving the August 29, 2014 revisions. Previous submittals of 
R307-101-3 were received on January 28, 2010, September 16, 2010, April 
26, 2012 and November 4, 2013. No further EPA action is required on 
these earlier submittals.
    (i) Incorporation by reference.
    (A) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-101, General Requirements, R307-101-2, 
Definitions; effective December 2, 2009 as proposed in the Utah State 
Bulletin on October 1, 2009, and published as effective in the Utah 
State Bulletin on January 1, 2010.
    (B) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-101, General Requirements, R307-101-3, 
Version of Code of Federal Regulations Incorporated by Reference; 
effective August 7, 2014, as proposed in the Utah State Bulletin on 
June 1, 2014, and published as effective in the Utah State Bulletin on 
September 1, 2014.
    (C) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-401, Permit: New and Modified Sources, R307-
401-15, Air Strippers and Soil Venting Projects; effective February 7, 
2013, as proposed in the Utah State Bulletin on December 1, 2012, and 
published as effective in the Utah State Bulletin on March 1, 2013.
    (D) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-405, Permits: Major Sources in Attainment or 
Unclassified Areas (PSD), R307-405-2, Applicability; effective February 
5, 2009, as proposed in the Utah State Bulletin on November 1, 2008, 
and published as effective in the Utah State Bulletin on March 1, 2009.

[FR Doc. 2016-01550 Filed 1-28-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations                                            4957

                                                in the exchange teacher’s home school,                     (3) Sponsors must submit their                      ACTION:   Final rule.
                                                through virtual exchange or other                       extension request and supporting
                                                means, in order to supplement the goals                 documentation for the extension to the                 SUMMARY:   The Environmental Protection
                                                of the in-person exchange.                              Department no later than three months                  Agency (EPA) is approving State
                                                   (2) Sponsors must collect annual                     prior to the beginning of the desired                  Implementation Plan (SIP) revisions
                                                reports from their exchange teachers                    extension period for the exchange                      submitted by the State of Utah on
                                                detailing the cross-cultural activity                   teacher.                                               January 28, 2010, September 16, 2010,
                                                component of their exchange program.                       (4) Sponsor requests for extension                  June 18, 2013, and August 29, 2014.
                                                The annual report does not have to be                   must include proof of payment of the                   These submittals revise the rules,
                                                in a specific format, but must include                  required non-refundable extension fee                  general requirements and test methods
                                                the exchange teacher’s full name and                    as set forth in § 62.17.                               for the State of Utah. The amendments
                                                the program sponsor’s name. The report                     (5) The Department, at its discretion,              also update the version of the Code of
                                                section about the cross-cultural activity               may authorize a sponsor to extend an                   Federal Regulations (CFR) incorporated
                                                component must contain the following                    exchange teacher’s participation for                   by reference into the rules of the State
                                                information:                                            either one or two additional years                     of Utah. EPA is not taking action on an
                                                   (i) The date(s) of each activity;                    beyond the initial three-year exchange                 April 26, 2012 submittal or a November
                                                   (ii) The location of each activity;                  period. Sponsors must comply with all                  4, 2013 submittal because they have
                                                   (iii) The audience for and participants              Department guidance on creating an                     been superseded by the August 29, 2014
                                                in each activity;                                       extension record for the teacher within                submittal. EPA is taking this action in
                                                   (iv) A general overview of each                      SEVIS.                                                 accordance with section 110 of the
                                                                                                           (6) Sponsors that applied for a two-                Clean Air Act (CAA).
                                                activity, including the topic; and
                                                                                                        year extension on behalf of a host school
                                                   (v) The estimated impact of each                     and its exchange teacher and received                  DATES:This final rule is effective
                                                activity.                                               permission from the Department only                    February 29, 2016.
                                                   (i) Location of the exchange.                        for a one-year extension may apply
                                                Exchange teachers must participate in                                                                          ADDRESSES:   EPA has established a
                                                                                                        again to extend the program of that host
                                                exchange visitor programs at the                                                                               docket for this action under Docket ID
                                                                                                        school’s exchange teacher for one
                                                accredited primary or secondary schools                                                                        No. EPA–R08–OAR–2015–0085. All
                                                                                                        additional year by following the
                                                listed on their Forms DS–2019 or at                                                                            documents in the docket are listed on
                                                                                                        procedures set forth in paragraphs
                                                location(s) where the institutions are                                                                         the www.regulations.gov Web site.
                                                                                                        (k)(2)–(4) of this section. The sponsor
                                                involved in official school activities                                                                         Although listed in the index, some
                                                                                                        should include with such additional
                                                (e.g., school field trips, teacher                      extension request a copy of the prior                  information is not publicly available,
                                                development programs);                                  extension request submitted to enable                  e.g., Confidential Business Information
                                                   (j) Duration of participation.                       the initial one-year extension.                        (CBI) or other information whose
                                                Exchange teachers may be authorized to                     (l) Repeat participation. Foreign                   disclosure is restricted by statute.
                                                participate in the Exchange Visitor                     nationals who have successfully                        Certain other material, such as
                                                Program for the length of time necessary                completed teacher exchange programs                    copyrighted material, is not placed on
                                                to complete the program, which may not                  are eligible to participate in additional              the Internet and will be publicly
                                                exceed three years unless a specific                    teacher exchange programs, provided                    available only in hard copy form.
                                                extension of one or two years is                        that they have resided outside the                     Publicly available docket materials are
                                                authorized by the Department as set                     United States for at least two years                   available either electronically through
                                                forth in paragraph (k) of this section.                 following the successful completion of                 www.regulations.gov or in hard copy at
                                                   (k) Program extensions. (1) Sponsors                 their most recent teacher exchange                     the Air Program, Environmental
                                                may request from the Department an                      program and continue to meet the                       Protection Agency (EPA), Region 8,
                                                extension of an exchange teacher’s                      eligibility requirements set forth in                  1595 Wynkoop Street, Denver, Colorado
                                                exchange by either one or two years, but                paragraph (d) of this section.                         80202–1129. EPA requests that if at all
                                                not by a semester or by other fractions                                                                        possible, you contact the individual
                                                                                                          Dated: January 14, 2016.
                                                of academic years.                                                                                             listed in the FOR FURTHER INFORMATION
                                                                                                        Robin J. Lerner,                                       CONTACT section to view the hard copy
                                                   (2) The sponsor’s request for
                                                                                                        Deputy Assistant Secretary for Private Sector          of the docket. You may view the hard
                                                extension must include:
                                                                                                        Exchange, Bureau of Educational and                    copy of the docket Monday through
                                                   (i) A letter of reference on official                Cultural Affairs, Department of State.
                                                letterhead written by the host school or                                                                       Friday, 8:00 a.m. to 4:00 p.m., excluding
                                                                                                        [FR Doc. 2016–01421 Filed 1–28–16; 8:45 am]
                                                host school district administrator                                                                             federal holidays.
                                                                                                        BILLING CODE 4710–05–P
                                                responsible for overseeing the exchange                                                                        FOR FURTHER INFORMATION CONTACT:  Jody
                                                teacher that describes the exchange                                                                            Ostendorf, Air Program, U.S.
                                                teacher’s performance during the                                                                               Environmental Protection Agency
                                                previous three years of the exchange                    ENVIRONMENTAL PROTECTION
                                                                                                        AGENCY                                                 (EPA), Region 8, Mail Code 8P–AR,
                                                and how the host school has benefited                                                                          1595 Wynkoop Street, Denver, Colorado
                                                from the exchange teacher’s presence;                   40 CFR Part 52                                         80202–1129, 303–312–7104,
                                                and                                                                                                            ostendorf.jody@epa.gov.
                                                   (ii) a document describing how the                   [EPA–R08–OAR–2015–0085; FRL–9933–49–
                                                exchange teacher over the previous                      Region 8]                                              SUPPLEMENTARY INFORMATION:
jstallworth on DSK7TPTVN1PROD with RULES




                                                three years has engaged his or her                                                                             I. Background for Our Final Action
                                                                                                        Approval and Promulgation of State
                                                classroom, the wider host school or host
                                                                                                        Implementation Plan Revisions; Rules,
                                                school district, or community through                                                                             The background for today’s final rule
                                                                                                        General Requirements and Test
                                                the cross-cultural activity component, if                                                                      is discussed in detail in our June 19,
                                                                                                        Methods; Utah
                                                these activities are not already detailed                                                                      2015 proposal (see 80 FR 35295). The
                                                in the exchange teacher’s annual                        AGENCY: Environmental Protection                       comment period was open for 30 days
                                                reports.                                                Agency (EPA).                                          and we received no comments.


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                                                4958               Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations

                                                II. Final Rule                                             • Does not impose an information                    This action is not a ‘‘major rule’’ as
                                                   EPA is approving the SIP revisions                   collection burden under the provisions                 defined by 5 U.S.C. 804(2).
                                                                                                        of the Paperwork Reduction Act (44                        Under section 307(b)(1) of the Clean
                                                submitted by Utah on January 28, 2010,
                                                                                                        U.S.C. 3501 et seq.);                                  Air Act, petitions for judicial review of
                                                September 16, 2010, June 18, 2013 and
                                                August 29, 2014. We are approving the                      • Is certified as not having a                      this action must be filed in the United
                                                                                                        significant economic impact in a                       States Court of Appeals for the
                                                January 28, 2010 revisions to R307–405–
                                                                                                        substantial number of small entities                   appropriate circuit by March 29, 2016.
                                                2, with the exception of the proposed
                                                                                                        under the Regulatory Flexibility Act (5                Filing a petition for reconsideration by
                                                change to the incorporation by reference
                                                                                                        U.S.C. 601 et seq.);                                   the Administrator of this final rule does
                                                date, and approving all of the revisions
                                                to R307–102. We are approving the June                     • Does not contain any unfunded                     not affect the finality of this action for
                                                                                                        mandate or significantly or uniquely                   the purposes of judicial review nor does
                                                18, 2013 SIP revisions, with the
                                                                                                        affect small governments, as described                 it extend the time within which a
                                                exception of the non-substantive change
                                                                                                        in the Unfunded Mandates Reform Act                    petition for judicial review may be filed,
                                                to re-number R307–410–5(1)[(d)] to
                                                                                                        of 1995 (Pub. L. 104–4);                               and shall not postpone the effectiveness
                                                R307–410–5(1)(c)(i)(C). The August 29,
                                                2014 submittal’s newly amended rule                        • Does not have Federalism                          of such rule or action. This action may
                                                                                                        implications as specified in Executive                 not be challenged later in proceedings to
                                                supersedes and replaces all previous
                                                                                                        Order 13132 (64 FR 43255, August 10,                   enforce its requirements. (See section
                                                versions of submittals of R307–101–3,
                                                                                                        1999);                                                 307(b)(2).)
                                                General Requirements, Version of Code
                                                of Federal Regulations Incorporated by                     • Is not an economically significant                List of Subjects in 40 CFR Part 52
                                                Reference. EPA is approving the August                  regulatory action based on health or
                                                                                                        safety risks subject to Executive Order                  Environmental protection, Air
                                                29, 2014 revisions. Previous submittals                                                                        pollution control, Carbon monoxide,
                                                were received on January 28, 2010,                      13045 (62 FR 19885, April 23, 1997);
                                                                                                           • Is not a significant regulatory action            Incorporation by reference,
                                                September 16, 2010, April 26, 2012 and                                                                         Intergovernmental relations, Lead,
                                                November 4, 2013. No further EPA                        subject to Executive Order 13211 (66 FR
                                                                                                        28355, May 22, 2001);                                  Nitrogen dioxide, Ozone, Particulate
                                                action is required on those earlier                                                                            matter, Reporting and recordkeeping
                                                submittals.                                                • Is not subject to requirements of
                                                                                                        Section 12(d) of the National                          requirements, Sulfur oxides, Volatile
                                                III. Incorporation by Reference                         Technology Transfer and Advancement                    organic compounds.
                                                   In this rule, the EPA is including in                Act of 1995 (15 U.S.C. 272 note) because                   Authority: 42 U.S.C. 7401 et seq.
                                                a final EPA rule regulatory text that                   application of those requirements would                  Dated: August 24, 2015.
                                                includes incorporation by reference. In                 be inconsistent with the Clean Air Act;                Shaun L. McGrath,
                                                accordance with requirements of 1 CFR                   and                                                    Regional Administrator, Region 8.
                                                51.5, the EPA is proposing to                              • Does not provide EPA with the
                                                incorporate by reference the Utah                       discretionary authority to address, as                   Editorial note: This document was
                                                                                                        appropriate, disproportionate human                    received for publication by the Office of
                                                Division of Air Quality rules regarding
                                                                                                        health or environmental effects, using                 Federal Register on January 21, 2016.
                                                rules, general requirements, and test
                                                methods discussed in the June 19, 2015                  practicable and legally permissible                      40 CFR part 52 is amended to read as
                                                proposal (FR 35295). The EPA has                        methods, under Executive Order 12898                   follows:
                                                made, and will continue to make, these                  (59 FR 7629, February 16, 1994).
                                                documents generally available                              The SIP is not approved to apply on                 PART 52—APPROVAL AND
                                                electronically through                                  any Indian reservation land or in any                  PROMULGATION OF
                                                www.regulations.gov and/or in hard                      other area where EPA or an Indian tribe                IMPLEMENTATION PLANS
                                                copy at the appropriate EPA office (see                 has demonstrated that a tribe has
                                                                                                        jurisdiction. In those areas of Indian                 ■ 1. The authority citation for part 52
                                                the ADDRESSES section of this preamble
                                                                                                        country, the rule does not have tribal                 continues to read as follows:
                                                for more information).
                                                                                                        implications and will not impose                           Authority: 42 U.S.C. 7401 et seq.
                                                IV. Statutory and Executive Orders                      substantial direct costs on tribal
                                                Review                                                  governments or preempt tribal law as                   Subpart TT—Utah
                                                  Under the Clean Air Act, the                          specified by Executive Order 13175 (65
                                                                                                                                                               ■ 2. Section 52.2320 is amended by
                                                Administrator is required to approve a                  FR 67249, November 9, 2000).
                                                                                                                                                               adding and reserving paragraph (c)(81)
                                                SIP submission that complies with the                      The Congressional Review Act, 5                     and adding paragraph (c)(82) to read as
                                                provisions of the Act and applicable                    U.S.C. 801 et seq, as added by the Small               follows:
                                                federal regulations 42 U.S.C. 7410(k); 40               Business Regulatory Enforcement
                                                CFR 52.02(a). Thus, in reviewing SIP                    Fairness Act of 1996, generally provides               § 52.2320    Identification of plan.
                                                submissions, EPA’s role is to approve                   that before a rule may take effect, the                *     *     *    *     *
                                                state actions, provided that they meet                  agency promulgating the rule must                        (c) * * *
                                                the criteria of the Clean Air Act.                      submit a rule report, which includes a                   (81) * * *
                                                Accordingly, this final action merely                   copy of the rule, to each House of the                   (82) On January 28, 2010, September
                                                approves some state law as meeting                      Congress and to the Comptroller General                16, 2010, June 18, 2013, November 4,
                                                federal requirements and does not                       of the United States. EPA will submit a                2013 and August 29, 2014, the Governor
                                                impose additional requirements beyond                   report containing this rule and other                  submitted revisions to the Utah State
jstallworth on DSK7TPTVN1PROD with RULES




                                                those imposed by state law. For that                    required information to the U.S. Senate,               Implementation Plan (SIP). We are
                                                reason, this action:                                    the U.S. House of Representatives, and                 approving the January 28, 2010
                                                  • Is not a ‘‘significant regulatory                   the Comptroller General of the United                  revisions to R307–405–2, with the
                                                action’’ subject to review by the Office                States prior to publication of the rule in             exception of the proposed change to the
                                                of Management and Budget under                          the Federal Register. A major rule                     incorporation by reference date, and
                                                Executive Order 12866 (58 FR 51735,                     cannot take effect until 60 days after it              approving all of the revisions to R307–
                                                October 4, 1993);                                       is published in the Federal Register.                  102. We are approving the June 18, 2013


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                                                                   Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations                                          4959

                                                SIP revisions, with the exception of the                ENVIRONMENTAL PROTECTION                               at http://www.epa.gov/region8/air/
                                                non-substantive change to re-number                     AGENCY                                                 sip.html.
                                                R307–410–5(1)[(d)] to R307–410–                                                                                FOR FURTHER INFORMATION CONTACT:  Jody
                                                5(1)(c)(i)(C). The August 29, 2014                      40 CFR Part 52                                         Ostendorf, Air Program, U.S.
                                                submittal’s newly amended rule                          [EPA–R08–OAR–2015–0371; FRL–9932–59–                   Environmental Protection Agency
                                                supersedes and replaces all previous                    Region 8]                                              (EPA), Region 8, Mail Code 8P–AR,
                                                versions of submittals of R307–101–3,                                                                          1595 Wynkoop Street, Denver, Colorado
                                                General Requirements, Version of Code                   Approval and Promulgation of State                     80202–1129, (303) 312–7814,
                                                of Federal Regulations Incorporated by                  Implementation Plan Revisions; Rules,                  ostendorf.jody@epa.gov.
                                                Reference. EPA is approving the August                  Public Notice and Comment Process,                     SUPPLEMENTARY INFORMATION:
                                                29, 2014 revisions. Previous submittals                 and Renumbering; Utah
                                                of R307–101–3 were received on                                                                                 I. General Information
                                                                                                        AGENCY: Environmental Protection
                                                January 28, 2010, September 16, 2010,                   Agency (EPA).                                          What should I consider as I prepare my
                                                April 26, 2012 and November 4, 2013.                                                                           comments for EPA?
                                                                                                        ACTION: Direct final rule.
                                                No further EPA action is required on                                                                              1. Submitting Confidential Business
                                                these earlier submittals.                               SUMMARY:    The Environmental Protection               Information (CBI). Do not submit CBI to
                                                   (i) Incorporation by reference.                      Agency (EPA) is taking direct final                    EPA through http://www.regulations.gov
                                                   (A) Title R307 of the Utah                           action to approve State Implementation                 or email. Clearly mark the part or all of
                                                                                                        Plan (SIP) revisions submitted by the                  the information that you claim to be
                                                Administrative Code, Environmental
                                                                                                        State of Utah on February 25, 2013,                    CBI. For CBI information on a disk or
                                                Quality, Air Quality, R307–101, General
                                                                                                        August 5, 2013, and March 5, 2014.                     CD ROM that you mail to EPA, mark the
                                                Requirements, R307–101–2, Definitions;                  These submittals request SIP revisions                 outside of the disk or CD ROM as CBI
                                                effective December 2, 2009 as proposed                  to incorporate several changes to Utah’s               and then identify electronically within
                                                in the Utah State Bulletin on October 1,                rules, including the permit public notice              the disk or CD ROM the specific
                                                2009, and published as effective in the                 and comment process requirements, and                  information that is claimed as CBI. In
                                                Utah State Bulletin on January 1, 2010.                 renumbering for the ‘‘Interstate                       addition to one complete version of the
                                                   (B) Title R307 of the Utah                           Transport’’ provisions. EPA is taking                  comment that includes information
                                                Administrative Code, Environmental                      this action in accordance with section                 claimed as CBI, a copy of the comment
                                                Quality, Air Quality, R307–101, General                 110 of the Clean Air Act (CAA).                        that does not contain the information
                                                Requirements, R307–101–3, Version of                    DATES: This rule is effective on March                 claimed as CBI must be submitted for
                                                Code of Federal Regulations                             29, 2016 without further notice, unless                inclusion in the public docket.
                                                Incorporated by Reference; effective                    EPA receives adverse comments by                       Information so marked will not be
                                                August 7, 2014, as proposed in the Utah                 February 29, 2016. If adverse comments                 disclosed except in accordance with
                                                State Bulletin on June 1, 2014, and                     are received, EPA will publish a timely                procedures set forth in 40 CFR part 2.
                                                published as effective in the Utah State                withdrawal of the direct final rule in the                2. Tips for preparing your comments.
                                                Bulletin on September 1, 2014.                          Federal Register informing the public                  When submitting comments, remember
                                                                                                        that the rule will not take effect.                    to:
                                                   (C) Title R307 of the Utah                                                                                     • Identify the rulemaking by docket
                                                                                                        ADDRESSES: The EPA has established a
                                                Administrative Code, Environmental                                                                             number and other identifying
                                                Quality, Air Quality, R307–401, Permit:                 docket for this action under Docket
                                                                                                                                                               information (subject heading, Federal
                                                                                                        Identification Number EPA–R08–OAR–
                                                New and Modified Sources, R307–401–                                                                            Register volume, date, and page
                                                                                                        2015–0371. All documents in the docket
                                                15, Air Strippers and Soil Venting                                                                             number).
                                                                                                        are listed on the http://
                                                Projects; effective February 7, 2013, as                                                                          • Follow directions and organize your
                                                                                                        www.regulations.gov Web site. Although
                                                proposed in the Utah State Bulletin on                                                                         comments.
                                                                                                        listed in the index, some information
                                                December 1, 2012, and published as                                                                                • Explain why you agree or disagree.
                                                                                                        may not be publicly available, i.e.,                      • Suggest alternatives and substitute
                                                effective in the Utah State Bulletin on                 Confidential Business Information or
                                                March 1, 2013.                                                                                                 language for your requested changes.
                                                                                                        other information the disclosure of                       • Describe any assumptions and
                                                   (D) Title R307 of the Utah                           which is restricted by statute. Certain                provide any technical information and/
                                                Administrative Code, Environmental                      other material, such as copyrighted                    or data that you used.
                                                Quality, Air Quality, R307–405, Permits:                material, is not placed on the Internet                   • If you estimate potential costs or
                                                Major Sources in Attainment or                          and will be publicly available only in                 burdens, explain how you arrived at
                                                Unclassified Areas (PSD), R307–405–2,                   the hard copy form. Publicly available                 your estimate in sufficient detail to
                                                Applicability; effective February 5,                    docket materials are available either                  allow for it to be reproduced.
                                                2009, as proposed in the Utah State                     electronically through http://                            • Provide specific examples to
                                                Bulletin on November 1, 2008, and                       www.regulations.gov or in hard copy at                 illustrate your concerns, and suggest
                                                published as effective in the Utah State                EPA Region 8, Office of Partnerships                   alternatives.
                                                Bulletin on March 1, 2009.                              and Regulatory Assistance, Air Program,                   • Explain your views as clearly as
                                                                                                        1595 Wynkoop Street, Denver, Colorado                  possible, avoiding the use of profanity
                                                [FR Doc. 2016–01550 Filed 1–28–16; 8:45 am]
                                                                                                        80202–1129. The EPA requests that you                  or personal threats.
                                                BILLING CODE 6560–50–P                                  contact the individual listed in the FOR                  • Make sure to submit your
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                        FURTHER INFORMATION CONTACT section to                 comments by the comment period
                                                                                                        view the hard copy of the docket. The                  deadline identified.
                                                                                                        Regional Office’s official hours of
                                                                                                        business are Monday through Friday,                    II. Analysis of the State Submittals
                                                                                                        8:00 a.m.–4:00 p.m., excluding federal                    Utah’s February 25, 2013 submittal, in
                                                                                                        holidays. An electronic copy of the                    part, renumbers R307–110–36, Section
                                                                                                        State’s SIP compilation is also available              XXIII, Interstate Transport, to R307–


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Document Created: 2016-01-29 00:41:11
Document Modified: 2016-01-29 00:41:11
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
ActionFinal rule.
DatesThis final rule is effective February 29, 2016.
ContactJody Ostendorf, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 303-312-7104, [email protected]
FR Citation81 FR 4957 
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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