81_FR_50774 81 FR 50626 - Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2,

81 FR 50626 - Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2,

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 148 (August 2, 2016)

Page Range50626-50628
FR Document2016-18154

The Environmental Protection Agency (EPA) is approving elements of State Implementation Plan (SIP) revisions from the State of Utah to demonstrate the State meets infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for ozone on March 12, 2008, lead (Pb) on October 15, 2008, nitrogen dioxide (NO<INF>2</INF>) on January 22, 2010, sulfur dioxide (SO<INF>2</INF>) on June 2, 2010 and fine particulate matter (PM<INF>2.5</INF>) on December 14, 2012. The EPA is also approving 110(a)(2)(D)(ii) for the 1997 and 2006 PM<INF>2.5</INF> NAAQS. Finally, the EPA is approving SIP revisions the State submitted regarding state boards.

Federal Register, Volume 81 Issue 148 (Tuesday, August 2, 2016)
[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Rules and Regulations]
[Pages 50626-50628]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18154]



[[Page 50626]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2013-0561, FRL-9949-99-Region 8]


Promulgation of State Implementation Plan Revisions; 
Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 
NO2, 2010 SO2, and 2012 PM2.5 National 
Ambient Air Quality Standards; Utah

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of State Implementation Plan (SIP) revisions from the State of 
Utah to demonstrate the State meets infrastructure requirements of the 
Clean Air Act (CAA) for the National Ambient Air Quality Standards 
(NAAQS) promulgated for ozone on March 12, 2008, lead (Pb) on October 
15, 2008, nitrogen dioxide (NO2) on January 22, 2010, sulfur 
dioxide (SO2) on June 2, 2010 and fine particulate matter 
(PM2.5) on December 14, 2012. The EPA is also approving 
110(a)(2)(D)(ii) for the 1997 and 2006 PM2.5 NAAQS. Finally, 
the EPA is approving SIP revisions the State submitted regarding state 
boards.

DATES: This rule is effective on September 1, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2013-0561. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 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 http://www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. The 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: Abby Fulton, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6563, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Infrastructure requirements for SIPs are set forth in Section 
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific 
infrastructure elements that a SIP must contain or satisfy.
    In our proposed rule, the EPA proposed to approve and take no 
action on some infrastructure elements for the 2008 Pb, 2008 
ozone, 2010 NO2, 2010 SO2 and 1997, 
2006 and 2012 PM2.5 NAAQS from the State's 
certifications.\1\ In this rulemaking, we are taking final action to 
approve infrastructure elements from the State's certifications. We are 
also taking final action to approve new Utah Administrative Code (UAC) 
provisions submitted on March 14, 2016 to satisfy requirements of 
element (E)(ii), state boards.
---------------------------------------------------------------------------

    \1\ ``Where an air agency determines that the provisions in or 
referred to by its existing EPA approved SIP are adequate with 
respect to a given infrastructure SIP element (or subelement) even 
in light of the promulgation of a new or revised NAAQS, the air 
agency may make a SIP submission in the form of a certification.'' 
EPA's ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and (2),'' September 
13, 2013, at 7.
---------------------------------------------------------------------------

II. Response to Comments

    During the public comment period, we received a comment regarding 
regional haze in California national parks. This comment does not apply 
to this rulemaking.
    We also received comments from the Sierra Club claiming that Utah's 
SIP is inadequate with respect to air monitoring and modeling 
requirements of Sections 110(a)(2)(B) and 110(a)(2)(K) for the 2010 
SO2 NAAQS. The Sierra Club also contends that Utah's 
SO2 infrastructure SIP certification does not satisfy 
requirements of CAA Section 110(a)(1) and (2) because it lacks 
enforceable emission limits to ensure the implementation, attainment, 
and maintenance of the 2010 SO2 NAAQS within Utah, as well 
as adequate provisions prohibiting sources within the State from 
emitting SO2 in amounts which will contribute to 
nonattainment and interfere with maintenance of the SO2 
NAAQS in neighboring states.
    Comments received from Western Resource Advocates (WRA) contend 
that, because of language regarding startup, shutdown, and malfunction 
exemptions in Utah's minor and major source permits, Utah's prevention 
of significant deterioration (PSD) program cannot ensure emissions will 
not cause or contribute to a violation of any NAAQS or PSD increment, 
or that Utah's minor source permitting program protects NAAQS. WRA 
therefore asserts that Utah's infrastructure SIP does not meet 
requirements of Section 110(a)(2)(A) and (C). WRA also states that 
Utah's infrastructure SIP does not meet the requirements of Section 
110(a)(2)(F) because monitoring frequency of emissions is inadequate 
and that the State's SIP does not meet the public notice requirements 
of Section 127.
    The EPA generally disagrees with the Sierra Club and WRA's 
comments. A separate document provides detailed responses to all 
significant comments received and is included in the docket associated 
with this action.

III. Final Action

    For reasons expressed in the proposed rule and the response to 
comments document, the EPA is taking final action to approve 
infrastructure elements from the State's certifications as shown in 
Table 1. Elements we are taking no action on are reflected in Table 2. 
We are also approving new UAC rules that the State submitted on March 
14, 2016 to satisfy requirements of Section 110(a)(2)(E)(ii), which 
pertains to state boards (Table 1).
    A comprehensive summary of infrastructure elements and new UAC 
rules being approved into the Utah SIP through this final rule action 
are provided in Table 1 and Table 2.

Table 1--List of Utah Infrastructure Elements and Revisions That the EPA
                              Is Approving
------------------------------------------------------------------------
                                Approval
-------------------------------------------------------------------------
December 3, 2007 submittal--1997 PM2.5 NAAQS: (D)(ii).
September 21, 2010 submittal--2006 PM2.5 NAAQS: (D)(ii).
January 19, 2012 submittal--2008 Pb NAAQS: (A), (C), (D)(i)(II) element
 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
June 2, 2013 submittal--2010 SO2 NAAQS: (A), (C), (D)(i)(II) element 3,
 (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).

[[Page 50627]]

 
January 31, 2013 submittal--2008 Ozone NAAQS: (A), (B), (C), (D)(i)(II)
 element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
January 31, 2013 submittal--2010 NO2 NAAQS: (A), (C), (D)(i)(II) element
 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
December 4, 2015 submittal--2012 PM2.5 NAAQS: (A), (C), (D)(i)(II)
 element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
March 14, 2016 submittal--New UAC Rules, CAA Section 128: R307-104-1,
 R307-104-2 and R307-104-3.
------------------------------------------------------------------------


Table 2--List of Utah Infrastructure Elements and Revisions That the EPA
                         Is Taking No Action On
------------------------------------------------------------------------
      No Action (Revision to be made in separate rulemaking action)
-------------------------------------------------------------------------
January 19, 2012 submittal--2008 Pb NAAQS: (B), (D)(i)(I) elements 1 and
 2, (D)(i)(II) element 4.
January 31, 2013 submittal--2008 Ozone NAAQS: (D)(i)(I) elements 1 and
 2, (D)(i)(II) element 4.
January 31, 2013 submittal--2010 NO2 NAAQS: (B), (D)(i)(I) elements 1
 and 2, (D)(i)(II) element 4.
June 2, 2013 submittal--2010 SO2 NAAQS: (B), (D)(i)(I) elements 1 and 2,
 (D)(i)(II) element 4.
December 4, 2015 submittal--2012 PM2.5 NAAQS: (B), (D)(i)(I) elements 1
 and 2, (D)(i)(II) element 4.
------------------------------------------------------------------------

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 of the UAC 
discussed in section III, Final Action 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, 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).
    In addition, 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 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 action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under Section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 3, 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 CAA Section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Greenhouse 
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

     Dated: July 19, 2016.
Shaun L. McGrath,
Acting Regional Administrator, Region 8.
    40 CFR part 52 is amended as follows:

[[Page 50628]]

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. Amend Sec.  52.2320, paragraph (c) table, by adding in numerical 
order, center heading ``R307-104. Conflict of Interest'' and entries 
``R307-104-01'', ``R307-104-02'', and ``R307-104-03'' to read as 
follow:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                        State  effective        Final rule
            Rule No.                   Rule title             date           citation,  date        Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         R307-104. Conflict of Interest
----------------------------------------------------------------------------------------------------------------
R307-104-01.....................  Authority..........  6/01/2016.........  [Insert Federal
                                                                            Register
                                                                            citation], 8/02/
                                                                            2016.
R307-104-02.....................  Purpose............  6/01/2016.........  [Insert Federal
                                                                            Register
                                                                            citation], 8/02/
                                                                            2016.
R307-104-03.....................  Disclosure of        6/01/2016.........  [Insert Federal
                                   conflict of                              Register
                                   interest.                                citation], 8/02/
                                                                            2016.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Amend Sec.  52.2355 by adding paragraph (c) to read as follows:


Sec.  52.2355  Section 110(a)(2) infrastructure requirements.

* * * * *
    (c) Gary R. Herbert, Governor, State of Utah, provided submissions 
to meet the infrastructure requirements for the State of Utah for the 
1997 PM2.5 NAAQS on December 3, 2007; 2006 PM2.5 
NAAQS on September 21, 2010; 2008 Pb NAAQS on January 19, 2012; 2008 
ozone NAAQS on January 31, 2013; 2010 NO2 NAAQS on January 
31, 2013; 2010 SO2 NAAQS on June 2, 2013; and 2012 
PM2.5 on December 4, 2015. The State's Infrastructure SIP is 
approved with respect to the 1997 and 2006 PM2.5 NAAQS with 
respect to CAA Section 110(a)(1) and element (D)(ii) of Section 
110(a)(2). The State's Infrastructure SIP is approved with respect to 
the 2008 ozone NAAQS with respect to CAA Section 110(a)(1) and the 
following elements of Section 110(a)(2): (A), (B), (C), (D)(i)(II) 
prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). The 
State's Infrastructure SIP is approved with respect to the 2008 Pb, 
2010 SO2, 2010 NO2, and 2012 PM2.5 
NAAQS with respect to CAA Section 110(a)(1) and the following elements 
of Section 110(a)(2): (A), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), 
(G), (H), (J), (K), (L), and (M).

[FR Doc. 2016-18154 Filed 8-1-16; 8:45 am]
 BILLING CODE 6560-50-P



                                           50626             Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations

                                           ENVIRONMENTAL PROTECTION                                1595 Wynkoop Street, Denver, Colorado                   the implementation, attainment, and
                                           AGENCY                                                  80202–1129. The EPA requests that if at                 maintenance of the 2010 SO2 NAAQS
                                                                                                   all possible, you contact the individual                within Utah, as well as adequate
                                           40 CFR Part 52                                          listed in the FOR FURTHER INFORMATION                   provisions prohibiting sources within
                                           [EPA–R08–OAR–2013–0561, FRL–9949–99–                    CONTACT section to view the hard copy                   the State from emitting SO2 in amounts
                                           Region 8]                                               of the docket. You may view the hard                    which will contribute to nonattainment
                                                                                                   copy of the docket Monday through                       and interfere with maintenance of the
                                           Promulgation of State Implementation                    Friday, 8:00 a.m. to 4:00 p.m., excluding               SO2 NAAQS in neighboring states.
                                           Plan Revisions; Infrastructure                          federal holidays.                                          Comments received from Western
                                           Requirements for the 2008 Lead, 2008                    FOR FURTHER INFORMATION CONTACT:                        Resource Advocates (WRA) contend
                                           Ozone, 2010 NO2, 2010 SO2, and 2012                     Abby Fulton, Air Program, U.S.                          that, because of language regarding
                                           PM2.5 National Ambient Air Quality                      Environmental Protection Agency                         startup, shutdown, and malfunction
                                           Standards; Utah                                         (EPA), Region 8, Mail Code 8P–AR,                       exemptions in Utah’s minor and major
                                                                                                   1595 Wynkoop Street, Denver, Colorado                   source permits, Utah’s prevention of
                                           AGENCY:  Environmental Protection
                                                                                                   80202–1129, (303) 312–6563,                             significant deterioration (PSD) program
                                           Agency.
                                                                                                   fulton.abby@epa.gov.                                    cannot ensure emissions will not cause
                                           ACTION: Final rule.
                                                                                                   SUPPLEMENTARY INFORMATION:                              or contribute to a violation of any
                                           SUMMARY:   The Environmental Protection                                                                         NAAQS or PSD increment, or that
                                                                                                   I. Background
                                           Agency (EPA) is approving elements of                                                                           Utah’s minor source permitting program
                                           State Implementation Plan (SIP)                            Infrastructure requirements for SIPs                 protects NAAQS. WRA therefore asserts
                                           revisions from the State of Utah to                     are set forth in Section 110(a)(1) and (2)              that Utah’s infrastructure SIP does not
                                           demonstrate the State meets                             of the CAA. Section 110(a)(2) lists the                 meet requirements of Section
                                           infrastructure requirements of the Clean                specific infrastructure elements that a                 110(a)(2)(A) and (C). WRA also states
                                           Air Act (CAA) for the National Ambient                  SIP must contain or satisfy.                            that Utah’s infrastructure SIP does not
                                           Air Quality Standards (NAAQS)                              In our proposed rule, the EPA                        meet the requirements of Section
                                           promulgated for ozone on March 12,                      proposed to approve and take no action                  110(a)(2)(F) because monitoring
                                           2008, lead (Pb) on October 15, 2008,                    on some infrastructure elements for the                 frequency of emissions is inadequate
                                           nitrogen dioxide (NO2) on January 22,                   2008 Pb, 2008 ozone, 2010 NO2, 2010                     and that the State’s SIP does not meet
                                           2010, sulfur dioxide (SO2) on June 2,                   SO2 and 1997, 2006 and 2012 PM2.5                       the public notice requirements of
                                           2010 and fine particulate matter (PM2.5)                NAAQS from the State’s certifications.1                 Section 127.
                                           on December 14, 2012. The EPA is also                   In this rulemaking, we are taking final                    The EPA generally disagrees with the
                                           approving 110(a)(2)(D)(ii) for the 1997                 action to approve infrastructure                        Sierra Club and WRA’s comments. A
                                           and 2006 PM2.5 NAAQS. Finally, the                      elements from the State’s certifications.               separate document provides detailed
                                           EPA is approving SIP revisions the State                We are also taking final action to                      responses to all significant comments
                                           submitted regarding state boards.                       approve new Utah Administrative Code                    received and is included in the docket
                                                                                                   (UAC) provisions submitted on March                     associated with this action.
                                           DATES: This rule is effective on
                                                                                                   14, 2016 to satisfy requirements of
                                           September 1, 2016.                                      element (E)(ii), state boards.                          III. Final Action
                                           ADDRESSES: The EPA has established a
                                           docket for this action under Docket ID                  II. Response to Comments                                  For reasons expressed in the proposed
                                           No. EPA–R08–OAR–2013–0561. All                             During the public comment period,                    rule and the response to comments
                                           documents in the docket are listed on                   we received a comment regarding                         document, the EPA is taking final action
                                           the http://www.regulations.gov Web                      regional haze in California national                    to approve infrastructure elements from
                                           site. Although listed in the index, some                parks. This comment does not apply to                   the State’s certifications as shown in
                                           information is not publicly available,                  this rulemaking.                                        Table 1. Elements we are taking no
                                           e.g., CBI or other information whose                       We also received comments from the                   action on are reflected in Table 2. We
                                           disclosure is restricted by statute.                    Sierra Club claiming that Utah’s SIP is                 are also approving new UAC rules that
                                           Certain other material, such as                         inadequate with respect to air                          the State submitted on March 14, 2016
                                           copyrighted material, is not placed on                  monitoring and modeling requirements                    to satisfy requirements of Section
                                           the Internet and will be publicly                       of Sections 110(a)(2)(B) and 110(a)(2)(K)               110(a)(2)(E)(ii), which pertains to state
                                           available only in hard copy form.                       for the 2010 SO2 NAAQS. The Sierra                      boards (Table 1).
                                           Publicly available docket materials are                 Club also contends that Utah’s SO2                        A comprehensive summary of
                                           available either electronically through                 infrastructure SIP certification does not               infrastructure elements and new UAC
                                           http://www.regulations.gov or in hard                   satisfy requirements of CAA Section                     rules being approved into the Utah SIP
                                           copy at the Air Program, Environmental                  110(a)(1) and (2) because it lacks                      through this final rule action are
                                           Protection Agency (EPA), Region 8,                      enforceable emission limits to ensure                   provided in Table 1 and Table 2.

                                                         TABLE 1—LIST OF UTAH INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS APPROVING
                                                                                                                        Approval

                                           December 3, 2007 submittal—1997 PM2.5 NAAQS: (D)(ii).
                                           September 21, 2010 submittal—2006 PM2.5 NAAQS: (D)(ii).
Lhorne on DSK30JT082PROD with RULES




                                           January 19, 2012 submittal—2008 Pb NAAQS: (A), (C), (D)(i)(II) element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
                                           June 2, 2013 submittal—2010 SO2 NAAQS: (A), (C), (D)(i)(II) element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).

                                             1 ‘‘Where an air agency determines that the           light of the promulgation of a new or revised           Elements under Clean Air Act Sections 110(a)(1)
                                           provisions in or referred to by its existing EPA        NAAQS, the air agency may make a SIP submission         and (2),’’ September 13, 2013, at 7.
                                           approved SIP are adequate with respect to a given       in the form of a certification.’’ EPA’s ‘‘Guidance on
                                           infrastructure SIP element (or subelement) even in      Infrastructure State Implementation Plan (SIP)



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                                                             Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations                                             50627

                                                TABLE 1—LIST OF UTAH INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS APPROVING—Continued
                                                                                                                        Approval

                                           January 31, 2013 submittal—2008 Ozone NAAQS: (A), (B), (C), (D)(i)(II) element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
                                           January 31, 2013 submittal—2010 NO2 NAAQS: (A), (C), (D)(i)(II) element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
                                           December 4, 2015 submittal—2012 PM2.5 NAAQS: (A), (C), (D)(i)(II) element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
                                           March 14, 2016 submittal—New UAC Rules, CAA Section 128: R307–104–1, R307–104–2 and R307–104–3.


                                                 TABLE 2—LIST OF UTAH INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS TAKING NO ACTION ON
                                                                                                                    No Action
                                                                                                (Revision to be made in separate rulemaking action)

                                           January 19, 2012 submittal—2008 Pb NAAQS: (B), (D)(i)(I) elements 1 and 2, (D)(i)(II) element 4.
                                           January 31, 2013 submittal—2008 Ozone NAAQS: (D)(i)(I) elements 1 and 2, (D)(i)(II) element 4.
                                           January 31, 2013 submittal—2010 NO2 NAAQS: (B), (D)(i)(I) elements 1 and 2, (D)(i)(II) element 4.
                                           June 2, 2013 submittal—2010 SO2 NAAQS: (B), (D)(i)(I) elements 1 and 2, (D)(i)(II) element 4.
                                           December 4, 2015 submittal—2012 PM2.5 NAAQS: (B), (D)(i)(I) elements 1 and 2, (D)(i)(II) element 4.



                                           IV. Incorporation by Reference                             • Does not contain any unfunded                    copy of the rule, to each House of the
                                             In this rule, the EPA is finalizing                   mandate or significantly or uniquely                  Congress and to the Comptroller General
                                           regulatory text that includes                           affect small governments, as described                of the United States. The EPA will
                                           incorporation by reference. In                          in the Unfunded Mandates Reform Act                   submit a report containing this action
                                           accordance with requirements of 1 CFR                   of 1995 (Pub. L. 104–4);                              and other required information to the
                                           51.5, the EPA is finalizing the                            • Does not have Federalism                         U.S. Senate, the U.S. House of
                                           incorporation by reference of the UAC                   implications as specified in Executive                Representatives, and the Comptroller
                                           discussed in section III, Final Action of               Order 13132 (64 FR 43255, August 10,                  General of the United States prior to
                                           this preamble. The EPA has made, and                    1999);                                                publication of the rule in the Federal
                                           will continue to make, these documents                     • Is not an economically significant               Register. A major rule cannot take effect
                                           generally available electronically                      regulatory action based on health or                  until 60 days after it is published in the
                                           through www.regulations.gov and/or in                   safety risks subject to Executive Order               Federal Register. This action is not a
                                           hard copy at the appropriate EPA office                 13045 (62 FR 19885, April 23, 1997);                  ‘‘major rule’’ as defined by 5 U.S.C.
                                           (see the ADDRESSES section of this                         • Is not a significant regulatory action           804(2).
                                           preamble for more information).                         subject to Executive Order 13211 (66 FR                  Under Section 307(b)(1) of the Clean
                                                                                                   28355, May 22, 2001);                                 Air Act, petitions for judicial review of
                                           V. Statutory and Executive Orders                          • is not subject to requirements of                this action must be filed in the United
                                           Review                                                  Section 12(d) of the National                         States Court of Appeals for the
                                             Under the Clean Air Act, the                          Technology Transfer and Advancement                   appropriate circuit by October 3, 2016.
                                           Administrator is required to approve a                  Act of 1995 (15 U.S.C. 272 note) because              Filing a petition for reconsideration by
                                           SIP submission that complies with the                   application of those requirements would               the Administrator of this final rule does
                                           provisions of the Act and applicable                    be inconsistent with the Clean Air Act;               not affect the finality of this action for
                                           federal regulations. 42 U.S.C. 7410(k);                 and                                                   the purposes of judicial review nor does
                                           40 CFR 52.02(a). Thus, in reviewing SIP                    • does not provide the EPA with the                it extend the time within which a
                                           submissions, the EPA’s role is to                       discretionary authority to address, as                petition for judicial review may be filed,
                                           approve state choices, provided that                    appropriate, disproportionate human                   and shall not postpone the effectiveness
                                           they meet the criteria of the Clean Air                 health or environmental effects, using                of such rule or action. This action may
                                           Act. Accordingly, this action merely                    practicable and legally permissible                   not be challenged later in proceedings to
                                           approves state law as meeting federal                   methods, under Executive Order 12898                  enforce its requirements. (See CAA
                                           requirements and does not impose                        (59 FR 7629, February 16, 1994).                      Section 307(b)(2)).
                                           additional requirements beyond those                       In addition, the SIP is not approved
                                           imposed by state law. For that reason,                  to apply on any Indian reservation land               List of Subjects in 40 CFR Part 52
                                           this action:                                            or in any other area where the EPA or
                                                                                                                                                           Environmental protection, Air
                                             • Is not a significant regulatory action              an Indian tribe has demonstrated that a
                                                                                                   tribe has jurisdiction. In those areas of             pollution control, Carbon monoxide,
                                           subject to review by the Office of
                                                                                                   Indian country, the rule does not have                Incorporation by reference,
                                           Management and Budget under
                                                                                                   tribal implications and will not impose               Intergovernmental relations,
                                           Executive Orders 12866 (58 FR 51735,
                                                                                                   substantial direct costs on tribal                    Greenhouse gases, Lead, Nitrogen
                                           October 4, 1993) and 13563 (76 FR 3821,
                                                                                                   governments or preempt tribal law as                  dioxide, Ozone, Particulate matter,
                                           January 21, 2011);
                                             • Does not impose an information                      specified by Executive Order 13175 (65                Reporting and recordkeeping
                                           collection burden under the provisions                  FR 67249, November 9, 2000).                          requirements, Sulfur oxides, Volatile
                                           of the Paperwork Reduction Act (44                         The Congressional Review Act, 5                    organic compounds.
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                                           U.S.C. 3501 et seq.);                                   U.S.C. 801 et seq., as added by the Small               Authority: 42 U.S.C. 7401 et seq.
                                             • Is certified as not having a                        Business Regulatory Enforcement                         Dated: July 19, 2016.
                                           significant economic impact on a                        Fairness Act of 1996, generally provides
                                                                                                                                                         Shaun L. McGrath,
                                           substantial number of small entities                    that before a rule may take effect, the
                                                                                                                                                         Acting Regional Administrator, Region 8.
                                           under the Regulatory Flexibility Act (5                 agency promulgating the rule must
                                           U.S.C. 601 et seq.);                                    submit a rule report, which includes a                  40 CFR part 52 is amended as follows:


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                                           50628               Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations

                                           PART 52—APPROVAL AND                                                Authority: 42 U.S.C. 7401 et seq.                                  Interest’’ and entries ‘‘R307–104–01’’,
                                           PROMULGATION OF                                                                                                                        ‘‘R307–104–02’’, and ‘‘R307–104–03’’ to
                                                                                                           Subpart TT—Utah                                                        read as follow:
                                           IMPLEMENTATION PLANS
                                                                                                           ■ 2. Amend § 52.2320, paragraph (c)                                    § 52.2320        Identification of plan.
                                           ■ 1. The authority citation for part 52
                                                                                                           table, by adding in numerical order,                                   *       *    *           *      *
                                           continues to read as follows:
                                                                                                           center heading ‘‘R307–104. Conflict of                                     (c) * * *

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


                                                      *                         *                              *                           *                           *                               *                      *

                                                                                                                      R307–104. Conflict of Interest

                                           R307–104–01 ...........................    Authority ..................................   6/01/2016 ................................       [Insert Federal Register cita-
                                                                                                                                                                                         tion], 8/02/2016.
                                           R307–104–02 ...........................    Purpose ...................................    6/01/2016 ................................       [Insert Federal Register cita-
                                                                                                                                                                                         tion], 8/02/2016.
                                           R307–104–03 ...........................    Disclosure of conflict of inter-               6/01/2016 ................................       [Insert Federal Register cita-
                                                                                        est.                                                                                             tion], 8/02/2016.

                                                      *                         *                              *                           *                           *                               *                      *



                                           *      *       *       *      *                                 ENVIRONMENTAL PROTECTION                                               some information may not be publicly
                                                                                                           AGENCY                                                                 available, i.e., Confidential Business
                                           ■ 3. Amend § 52.2355 by adding
                                                                                                                                                                                  Information or other information whose
                                           paragraph (c) to read as follows:                               40 CFR Part 52                                                         disclosure is restricted by statute.
                                           § 52.2355 Section 110(a)(2) infrastructure                      [EPA–R04–OAR–2015–0361; FRL–9950–01–                                   Certain other material, such as
                                           requirements.                                                   Region 4]                                                              copyrighted material, is not placed on
                                                                                                                                                                                  the Internet and will be publicly
                                           *      *      *      *    *
                                                                                                           Air Plan Approval; Florida; Regional                                   available only in hard copy form.
                                              (c) Gary R. Herbert, Governor, State of                      Haze Progress Report                                                   Publicly available docket materials are
                                           Utah, provided submissions to meet the                                                                                                 available either electronically through
                                           infrastructure requirements for the State                       AGENCY:  Environmental Protection
                                                                                                                                                                                  www.regulations.gov or in hard copy at
                                           of Utah for the 1997 PM2.5 NAAQS on                             Agency (EPA).
                                                                                                                                                                                  the Air Regulatory Management Section,
                                           December 3, 2007; 2006 PM2.5 NAAQS                              ACTION: Final rule.
                                                                                                                                                                                  Air Planning and Implementation
                                           on September 21, 2010; 2008 Pb                                  SUMMARY:    The Environmental Protection                               Branch, Air, Pesticides and Toxics
                                           NAAQS on January 19, 2012; 2008                                 Agency (EPA) is approving a State                                      Management Division, U.S.
                                           ozone NAAQS on January 31, 2013;                                Implementation Plan (SIP) revision                                     Environmental Protection Agency,
                                           2010 NO2 NAAQS on January 31, 2013;                             submitted by the State of Florida                                      Region 4, 61 Forsyth Street SW.,
                                           2010 SO2 NAAQS on June 2, 2013; and                             through the Florida Department of                                      Atlanta, Georgia 30303–8960. EPA
                                           2012 PM2.5 on December 4, 2015. The                             Environmental Protection (FDEP) on                                     requests that if at all possible, you
                                           State’s Infrastructure SIP is approved                          March 10, 2015. Florida’s March 10,                                    contact the person listed in the FOR
                                           with respect to the 1997 and 2006 PM2.5                         2015, SIP revision (Progress Report)                                   FURTHER INFORMATION CONTACT section to
                                           NAAQS with respect to CAA Section                               addresses requirements of the Clean Air                                schedule your inspection. The Regional
                                           110(a)(1) and element (D)(ii) of Section                        Act (CAA or Act) and EPA’s rules that                                  Office’s official hours of business are
                                           110(a)(2). The State’s Infrastructure SIP                       require states to submit periodic reports                              Monday through Friday 8:30 a.m. to
                                           is approved with respect to the 2008                            describing progress towards reasonable                                 4:30 p.m., excluding Federal holidays.
                                           ozone NAAQS with respect to CAA                                 progress goals (RPGs) established for                                  FOR FURTHER INFORMATION CONTACT:
                                           Section 110(a)(1) and the following                             regional haze and a determination of the                               Sean Lakeman, Air Regulatory
                                                                                                           adequacy of a state’s existing SIP                                     Management Section, Air Planning and
                                           elements of Section 110(a)(2): (A), (B),
                                                                                                           addressing regional haze (regional haze                                Implementation Branch, Air, Pesticides
                                           (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G),
                                                                                                           plan). EPA is approving Florida’s                                      and Toxics Management Division, U.S.
                                           (H), (J), (K), (L), and (M). The State’s                        Progress Report on the basis that it                                   Environmental Protection Agency,
                                           Infrastructure SIP is approved with                             addresses the progress report and                                      Region 4, 61 Forsyth Street SW.,
                                           respect to the 2008 Pb, 2010 SO2, 2010                          adequacy determination requirements                                    Atlanta, Georgia 30303–8960. Mr.
                                           NO2, and 2012 PM2.5 NAAQS with                                  for the first implementation period for                                Lakeman can be reached by phone at
                                           respect to CAA Section 110(a)(1) and                            regional haze.                                                         (404) 562–9043 and via electronic mail
                                           the following elements of Section                               DATES: This rule will be effective                                     at lakeman.sean@epa.gov.
                                           110(a)(2): (A), (C), (D)(i)(II) prong 3,                        September 1, 2016.                                                     SUPPLEMENTARY INFORMATION:
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                                           (D)(ii), (E), (F), (G), (H), (J), (K), (L), and                 ADDRESSES: EPA has established a
                                           (M).                                                            docket for this action under Docket                                    I. Background
                                           [FR Doc. 2016–18154 Filed 8–1–16; 8:45 am]                      Identification No. EPA–R04–OAR–                                          Under the Regional Haze Rule,1 each
                                           BILLING CODE 6560–50–P                                          2015–0361. All documents in the docket                                 state is required to submit a progress
                                                                                                           are listed on the www.regulations.gov
                                                                                                           Web site. Although listed in the index,                                    1 Located   in 40 CFR part 51, subpart P.



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Document Created: 2016-08-02 01:48:04
Document Modified: 2016-08-02 01:48:04
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 rule is effective on September 1, 2016.
ContactAbby Fulton, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6563, [email protected]
FR Citation81 FR 50626 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Greenhouse Gases; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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