81 FR 4959 - Approval and Promulgation of State Implementation Plan Revisions; Rules, Public Notice and Comment Process, and Renumbering; Utah
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 19 (January 29, 2016)
Federal Register Volume 81, Issue 19 (January 29, 2016)
| Page Range | 4959-4961 | |
| FR Document | 2016-01022 |
[Federal Register Volume 81, Number 19 (Friday, January 29, 2016)] [Rules and Regulations] [Pages 4959-4961] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01022] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2015-0371; FRL-9932-59-Region 8] Approval and Promulgation of State Implementation Plan Revisions; Rules, Public Notice and Comment Process, and Renumbering; Utah AGENCY: Environmental Protection Agency (EPA). 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 25, 2013, August 5, 2013, and March 5, 2014. These submittals request SIP revisions to incorporate several changes to Utah's rules, including the permit public notice and comment process requirements, and renumbering for the ``Interstate Transport'' provisions. EPA is taking this action in accordance with section 110 of the Clean Air Act (CAA). DATES: This rule is effective on March 29, 2016 without further notice, unless EPA receives adverse comments by February 29, 2016. If adverse comments are received, 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: The EPA has established a docket for this action under Docket Identification Number EPA-R08-OAR-2015-0371. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in the hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at EPA Region 8, Office of Partnerships and Regulatory Assistance, Air Program, 1595 Wynkoop Street, Denver, Colorado 80202-1129. The EPA requests that you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. The Regional Office's official hours of business are Monday through Friday, 8:00 a.m.-4:00 p.m., excluding federal holidays. An electronic copy of the State's SIP compilation is also available at http://www.epa.gov/region8/air/sip.html. 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. General Information What should I consider as I prepare my comments for EPA? 1. Submitting Confidential Business Information (CBI). Do not submit CBI to EPA through http://www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information on 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. 2. Tips for preparing your comments. When submitting comments, remember to:Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register volume, date, and page number). Follow directions and organize your comments. 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. Make sure to submit your comments by the comment period deadline identified. II. Analysis of the State Submittals Utah's February 25, 2013 submittal, in part, renumbers R307-110-36, Section XXIII, Interstate Transport, to R307- [[Page 4960]] 110-37. On November 10, 2014, EPA proposed the addition of a new R307- 110-36, Section X, Vehicle Inspection and Maintenance Program, Part F., Cache County (79 FR 66670). This rulemaking approves the new numbering of the Interstate Transport provision into Utah's SIP as R307-110-37. The August 5, 2013 SIP revision gives authority to the Director of the Division of Air Quality to make regulatory decisions that were previously made by the Air Quality Board or the Executive Secretary of the Air Quality Board. This revision conforms with Utah Senate Bill 21, which was passed by the Utah State Legislature during the 2012 legislative session. Most of these changes are administrative in nature because they replace ``executive secretary'' with ``director,'' and, in Utah, they are the same person. The 22 rules where this change occurs are R307-105, 130, 165, 170, 201, 203, 204, 205, 250, 305, 306, 320, 326, 327, 328, 341, 401, 403, 405, 406, 410 and 414. Three rules in the August 5, 2013 submittal, however, result in substantive changes to comply with Utah Senate Bill 21. The three rules are: R307-101, General Requirements; R307-102, General Requirements: Broadly Applicable Requirements; and R307-307, Davis, Salt Lake, and Utah Counties: Road Salting and Sanding. The changes in these rules replace occurrences of ``board'' with ``director,'' add definitions for ``director'' and ``division,'' and remove the definition of ``executive secretary.'' As these changes update the Utah SIP to ensure the proper authorities are consistent with the state code, EPA is approving these revisions. The March 5, 2014 SIP revision to R307-401-7, Permit: New and Modified Sources, Public Notice, addresses a previous EPA disapproval by establishing a 30-day public comment period for the public notice and comment period for all permit actions for new or modified sources. Previously, Utah had revised its permit public notice procedures for minor sources to allow for a 10-day public comment period for an approval or disapproval order issued under R307-401-8 and requested EPA to approve that SIP revision. EPA disapproved that request because it is inconsistent with Utah's current federally approved SIP (79 FR 7072, February 6, 2014). In that disapproval, EPA also noted that federal regulations for Public Availability of Information found at 40 CFR 51.161(b)(2) require at a minimum a 30-day public comment period for the permitting of a source, including minor source permits. EPA is approving this revision. III. What action is EPA taking today? EPA is taking direct final action to approve the SIP revisions submitted by the State of Utah on February 25, 2013, August 5, 2013, and March 5, 2014. EPA is approving a portion of the February 25, 2013 submittal which renumbers R307-110-36, Interstate Transport to R307- 110-37, to allow the addition of Section X, Vehicle Inspection and Maintenance Program, Part F., Cache County. EPA is approving the August 5, 2013 SIP revisions, which give the Director of the Division of Air Quality the authority to make regulatory decisions that were previously made by either the Air Quality Board or the Executive Secretary of the Air Quality Board. Finally, EPA is approving the March 5, 2014 submittal which establishes a 30-day public comment period for the public notice and comment period for permitting actions for new or modified sources. 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, 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 March 29, 2016 without further notice unless the Agency receives adverse comments by February 29, 2016. If the EPA receives adverse comments, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. 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 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, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. 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 for the revisions to the Utah Division of Air Quality rules including, the permit public notice and comment process, and renumbering discussed in section II, Analysis of the State Submittals, of this preamble. 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). V. 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 direct 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 [[Page 4961]] 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. 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 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: August 4, 2015. Shaun L. McGrath, Regional Administrator, Region 8. Editorial Note: This document was received for publication by the Office of Federal Register on January 14, 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 paragraph (c)(81) to read as follows: Sec. 52.2320 Identification of plan. * * * * * (c) * * * (81) On February 25, 2013, August 5, 2013, and March 5, 2014, the Governor submitted revisions to the Utah State Implementation Plan (SIP) rules. The February 25, 2013 submittal renumbers Interstate Transport to R307-110-37. The August 5, 2013 SIP revisions give the Director of the Division of Air Quality the authority to make regulatory decisions that were previously made by either the Air Quality Board or the Executive Secretary of the Air Quality Board. The March 5, 2014 submittal establishes a 30-day public comment period for the public notice and comment period for all actions for new or modified sources. EPA is approving these revisions. (i) Incorporation by reference. (A) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-110, General Requirements: State Implementation Plan, R307-110-37, Section XXIII, Interstate Transport; effective December 6, 2012, as proposed in the Utah State Bulletin on October 1, 2012, and published as effective in the Utah State Bulletin on January 1, 2013. (B) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-401, Permit: New and Modified Sources, R307- 401-7, Public Notice; effective October 3, 2013, as proposed in the Utah State Bulletin on August 1, 2013, and published as effective in the Utah State Bulletin on November 1, 2013. (C) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-101, General Requirements; effective November 8, 2012, as proposed in the Utah State Bulletin on September 1, 2012, and published as effective in the Utah State Bulletin on December 1, 2012. (D) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-102, General Requirements: Broadly Applicable Requirements; effective November 8, 2012, as proposed in the Utah State Bulletin on September 1, 2012, and published as effective in the Utah State Bulletin on December 1, 2012. (E) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307-307, Davis, Salt Lake, and Utah Counties: Road Salting and Sanding; effective November 8, 2012, as proposed in the Utah State Bulletin on September 1, 2012, and published as effective in the Utah State Bulletin on December 1, 2012. [FR Doc. 2016-01022 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 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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![Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 4961
practicable and legally permissible requirements, Sulfur oxides, Volatile (C) Title R307 of the Utah
methods, under Executive Order 12898 organic compounds. Administrative Code, Environmental
(59 FR 7629, February 16, 1994). Authority: 42 U.S.C. 7401 et seq. Quality, Air Quality, R307–101, General
The SIP is not approved to apply on Requirements; effective November 8,
any Indian reservation land or in any Dated: August 4, 2015. 2012, as proposed in the Utah State
other area where EPA or an Indian tribe Shaun L. McGrath, Bulletin on September 1, 2012, and
has demonstrated that a tribe has Regional Administrator, Region 8. published as effective in the Utah State
jurisdiction. In those areas of Indian Editorial Note: This document was Bulletin on December 1, 2012.
country, the rule does not have tribal received for publication by the Office of (D) Title R307 of the Utah
implications and will not impose Federal Register on January 14, 2016. Administrative Code, Environmental
substantial direct costs on tribal Quality, Air Quality, R307–102, General
governments or preempt tribal law as 40 CFR part 52 is amended to read as Requirements: Broadly Applicable
specified by Executive Order 13175 (65 follows: Requirements; effective November 8,
FR 67249, November 9, 2000). 2012, as proposed in the Utah State
The Congressional Review Act, 5 PART 52—APPROVAL AND
PROMULGATION OF Bulletin on September 1, 2012, and
U.S.C. 801 et seq, as added by the Small published as effective in the Utah State
Business Regulatory Enforcement IMPLEMENTATION PLANS
Bulletin on December 1, 2012.
Fairness Act of 1996, generally provides (E) Title R307 of the Utah
■ 1. The authority citation for part 52
that before a rule may take effect, the Administrative Code, Environmental
continues to read as follows:
agency promulgating the rule must Quality, Air Quality, R307–307, Davis,
submit a rule report, which includes a Authority: 42 U.S.C. 7401 et seq. Salt Lake, and Utah Counties: Road
copy of the rule, to each House of the Salting and Sanding; effective
Congress and to the Comptroller General Subpart TT—Utah
November 8, 2012, as proposed in the
of the United States. EPA will submit a Utah State Bulletin on September 1,
■ 2. Section 52.2320 is amended by
report containing this rule and other 2012, and published as effective in the
adding paragraph (c)(81) to read as
required information to the U.S. Senate, Utah State Bulletin on December 1,
the U.S. House of Representatives, and follows:
2012.
the Comptroller General of the United § 52.2320 Identification of plan. [FR Doc. 2016–01022 Filed 1–28–16; 8:45 am]
States prior to publication of the rule in * * * * * BILLING CODE 6560–50–P
the Federal Register. A major rule (c) * * *
cannot take effect until 60 days after it
(81) On February 25, 2013, August 5,
is published in the Federal Register. ENVIRONMENTAL PROTECTION
2013, and March 5, 2014, the Governor
This action is not a ‘‘major rule’’ as
submitted revisions to the Utah State AGENCY
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Implementation Plan (SIP) rules. The
February 25, 2013 submittal renumbers 40 CFR Parts 271 and 272
Air Act, petitions for judicial review of
this action must be filed in the United Interstate Transport to R307–110–37. [EPA–R06–2015–2015–0661; FRL–9940–27–
States Court of Appeals for the The August 5, 2013 SIP revisions give Region 6]
appropriate circuit by March 29, 2016. the Director of the Division of Air
Quality the authority to make regulatory Arkansas: Final Authorization of State-
Filing a petition for reconsideration by
decisions that were previously made by Initiated Changes and Incorporation by
the Administrator of this final rule does
either the Air Quality Board or the Reference of Approved State
not affect the finality of this action for
Executive Secretary of the Air Quality Hazardous Waste Management
the purposes of judicial review nor does
Board. The March 5, 2014 submittal Program
it extend the time within which a
petition for judicial review may be filed, establishes a 30-day public comment AGENCY: Environmental Protection
and shall not postpone the effectiveness period for the public notice and Agency (EPA).
of such rule or action. Parties with comment period for all actions for new
ACTION: Direct final rule.
objections to this direct final rule are or modified sources. EPA is approving
encouraged to file a comment in these revisions. SUMMARY: During a review of Arkansas’
response to the parallel notice of (i) Incorporation by reference. regulations, the Environmental
proposed rulemaking for this action (A) Title R307 of the Utah Protection Agency (EPA) identified two
published in the proposed rules section Administrative Code, Environmental State-initiated changes to its hazardous
of today’s Federal Register, rather than Quality, Air Quality, R307–110, General waste program under the Resource
file an immediate petition for judicial Requirements: State Implementation Conservation and Recovery Act (RCRA).
review of this direct final rule, so that Plan, R307–110–37, Section XXIII, We have determined that these changes
EPA can withdraw this direct final rule Interstate Transport; effective December are minor and satisfy all requirements
and address the comment in the 6, 2012, as proposed in the Utah State needed to qualify for Final authorization
proposed rulemaking. This action may Bulletin on October 1, 2012, and and are authorizing the State-initiated
not be challenged later in proceedings to published as effective in the Utah State changes through this direct Final action.
enforce its requirements. (See section Bulletin on January 1, 2013. The Solid Waste Disposal Act, as
307(b)(2).) (B) Title R307 of the Utah amended, commonly referred to as the
Administrative Code, Environmental Resource Conservation and Recovery
jstallworth on DSK7TPTVN1PROD with RULES
List of Subjects in 40 CFR Part 52 Quality, Air Quality, R307–401, Permit: Act (RCRA), allows the Environmental
Environmental protection, Air New and Modified Sources, R307–401– Protection Agency (EPA) to authorize
pollution control, Carbon monoxide, 7, Public Notice; effective October 3, States to operate their hazardous waste
Incorporation by reference, 2013, as proposed in the Utah State management programs in lieu of the
Intergovernmental relations, Lead, Bulletin on August 1, 2013, and Federal program. The EPA uses the
Nitrogen dioxide, Ozone, Particulate published as effective in the Utah State regulations entitled ‘‘Approved State
matter, Reporting and recordkeeping Bulletin on November 1, 2013. Hazardous Waste Management
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Document Created: 2016-01-29 00:41:07
Document Modified: 2016-01-29 00:41:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on March 29, 2016 without further notice, unless EPA receives adverse comments by February 29, 2016. If adverse comments are received, 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. | |
| 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] | |
| FR Citation | 81 FR 4959 | |
| CFR Associated | Environmental 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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