81_FR_55316 81 FR 55156 - Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Revisions to the Utah Division of Administrative Rules, R307-300 Series; Area Source Rules for Attainment of Fine Particulate Matter Standards

81 FR 55156 - Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Revisions to the Utah Division of Administrative Rules, R307-300 Series; Area Source Rules for Attainment of Fine Particulate Matter Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 160 (August 18, 2016)

Page Range55156-55160
FR Document2016-19775

The Environmental Protection Agency (EPA) is proposing approval of portions of the fine particulate matter (PM<INF>2.5</INF>) State Implementation Plan (SIP) and other general rule revisions submitted by the State of Utah. The revisions affect the Utah Division of Administrative Rules (DAR), R307-300 Series; Requirements for Specific Locations. The revisions had submission dates of May 9, 2013, May 20, 2014, September 8, 2015, and March 8, 2016. The March 8, 2016 submittal contains rule revisions to address our February 25, 2016 conditional approval of several Utah DAR R307-300 Series rules submitted on February 2, 2012, May 9, 2013, and May 20, 2014. These area source rules control emissions of direct PM<INF>2.5</INF> and PM<INF>2.5</INF> precursors, which are sulfur dioxides (SO<INF>2</INF>), nitrogen oxides (NO<INF>X</INF>) and volatile organic compounds (VOC). Additionally, the EPA is proposing to approve the State's reasonably available control measure (RACM) determinations for the rule revisions that pertain to the PM<INF>2.5</INF> SIP. This action is being taken under section 110 of the Clean Air Act (CAA or Act).

Federal Register, Volume 81 Issue 160 (Thursday, August 18, 2016)
[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Proposed Rules]
[Pages 55156-55160]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19775]



[[Page 55156]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2016-0311; FRL-9951-04-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Revisions to the Utah Division of Administrative Rules, 
R307-300 Series; Area Source Rules for Attainment of Fine Particulate 
Matter Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of portions of the fine particulate matter (PM2.5) 
State Implementation Plan (SIP) and other general rule revisions 
submitted by the State of Utah. The revisions affect the Utah Division 
of Administrative Rules (DAR), R307-300 Series; Requirements for 
Specific Locations. The revisions had submission dates of May 9, 2013, 
May 20, 2014, September 8, 2015, and March 8, 2016. The March 8, 2016 
submittal contains rule revisions to address our February 25, 2016 
conditional approval of several Utah DAR R307-300 Series rules 
submitted on February 2, 2012, May 9, 2013, and May 20, 2014. These 
area source rules control emissions of direct PM2.5 and 
PM2.5 precursors, which are sulfur dioxides 
(SO2), nitrogen oxides (NOX) and volatile organic 
compounds (VOC). Additionally, the EPA is proposing to approve the 
State's reasonably available control measure (RACM) determinations for 
the rule revisions that pertain to the PM2.5 SIP. This 
action is being taken under section 110 of the Clean Air Act (CAA or 
Act).

DATES: Written comments must be received on or before September 19, 
2016.

ADDRESSES: Submit your comments, identified by EPA-R08-OAR-2016-0311 at 
http://www.regulations.gov. Follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from regulations.gov. The EPA may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. 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, will be publicly available only in hard copy. 
Publicly-available docket materials are available at http://www.regulations.gov or in hard copy at the EPA Region 8, Office of 
Partnerships and Regulatory Assistance, Air Program, 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: Crystal Ostigaard, Air Program, EPA, 
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129, (303) 312-6602, ostigaard.crystal@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

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

II. Background

A. Regulatory Background

    On October 17, 2006 (71 FR 61144), the EPA strengthened the level 
of the 24-hour PM2.5 National Ambient Air Quality Standards 
(NAAQS), lowering the primary and secondary standards from 65 
micrograms per cubic meter ([mu]g/m\3\), the 1997 standard, to 
35[micro]g/m\3\. On November 13, 2009 (74 FR 58688), the EPA designated 
three nonattainment areas in Utah for the 24-hour PM2.5 
NAAQS of 35 [mu]g/m\3\. These are the Salt Lake City, Utah; Provo, 
Utah; and Logan, Utah-Idaho nonattainment areas. The EPA originally 
designated these areas under CAA title I, part D, subpart 1, which 
required Utah to submit an attainment plan for each area no later than 
three years from the date of their nonattainment designations. These 
plans needed to provide for the attainment of the PM2.5 
standard as expeditiously as practicable, but no later than five years 
from the date the areas were designated nonattainment.
    Subsequently, on January 4, 2013, the U.S. Court of Appeals for the 
District of Columbia held that the EPA should have implemented the 2006 
PM2.5 24-hour standard based on both CAA title I, part D, 
subpart 1 and subpart 4. NRDC v. EPA, 706 F.3d 428 (D.C. Cir. 2013). 
Under subpart 4, nonattainment areas are initially classified as 
moderate, and

[[Page 55157]]

moderate area attainment plans must address the requirements of subpart 
4 as well as subpart 1. Additionally, CAA subpart 4 sets a different 
SIP submittal due date and attainment year. For a moderate area, the 
attainment SIP is due 18 months after designation, and the attainment 
year is the end of the sixth calendar year after designation. On June 
2, 2014 (79 FR 31566), the EPA finalized the Identification of 
Nonattainment Classification and Deadlines for Submission of State 
Implementation Plan (SIP) Provisions for the 1997 Fine Particulate 
(PM2.5) National Ambient Air Quality Standard (NAAQS) and 
2006 PM2.5 NAAQS (``the Classification and Deadline Rule''). 
This rule classified to moderate the areas that were designated in 2009 
as nonattainment, and set the attainment SIP submittal due date for 
those areas at December 31, 2014. This rule did not affect the moderate 
area attainment date of December 31, 2015.
    On March 23, 2015, the EPA proposed the Fine Particulate Matter 
National Ambient Air Quality Standards: State Implementation Plan 
Requirements (``PM2.5 Implementation Rule''), 80 FR 15340, 
which partially addresses the January 4, 2013 court ruling. This 
proposed rule details how air agencies should meet the statutory SIP 
requirements that apply under subparts 1 and 4 to areas designated 
nonattainment for any PM2.5 NAAQS, such as: General 
requirements for attainment plan due dates and attainment 
demonstrations; provisions for demonstrating reasonable further 
progress (RFP); quantitative milestones; contingency measures; 
Nonattainment New Source Review (NNSR) permitting programs; and RACM 
(including reasonably available control technology (RACT)), among other 
things. The statutory attainment planning requirements of subparts 1 
and 4 were established to ensure that the following goals of the CAA 
are met: (i) That states implement measures that provide for attainment 
of the PM2.5 NAAQS as expeditiously as practicable; and, 
(ii) that states adopt emissions reduction strategies that will be the 
most effective, and the most cost-effective, at reducing 
PM2.5 levels in nonattainment areas.
    The PM2.5 Implementation Rule proposed a process for 
states to determine the control strategy for PM2.5 
attainment plans. The process consists of identifying all 
technologically and economically feasible control measures, including 
control technologies for all sources of direct PM2.5 and 
PM2.5 precursors in the emissions inventory for the 
nonattainment area which are not otherwise exempted from consideration 
for controls.\1\ From that list of measures, the state must identify 
those that it can implement within four years of designation of the 
area (and which would thus meet the statutory requirements for RACM and 
RACT) and any ``additional reasonable measures,'' which the EPA is 
proposing in the PM2.5 Implementation Rule to define as 
those technologically and economically feasible measures that the state 
can only implement on sources in the nonattainment area after the four-
year deadline for RACM and RACT has passed. See proposed 40 CFR 
51.1000. The EPA is currently in the process of preparing its final 
action on the proposed rule.
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    \1\ Such exemptions could be due to a demonstrated lack of 
significant contribution of a certain PM2.5 precursor to 
the area's elevated PM2.5 concentrations or due to a 
presumptive determination that a certain source category contributes 
only a de minimis amount toward PM2.5 levels in a 
nonattainment area.
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B. RACT and RACM Requirements for PM2.5 Attainment Plans

    Section 172(c)(1) of the Act (from subpart 1) requires that 
attainment plans, in general, provide for the implementation of all 
RACM as expeditiously as practicable (including RACT) and shall provide 
for attainment of the national primary ambient air quality standards. 
Section 189(a)(1)(C) (from subpart 4) requires moderate area attainment 
plans to contain provisions to assure that RACM is implemented no later 
than four years after designation.
    The EPA stated its interpretation of the RACT and RACM requirements 
of subparts 1 and 4 in the 1992 General Preamble for the Implementation 
of Title I of the Clean Air Act Amendments of 1990, 57 FR 13498 (Apr. 
6, 1992). For RACT, the EPA followed its ``historic definition of RACT 
as the lowest emission limitation that a particular source is capable 
of meeting by the application of control technology that is reasonably 
available considering technological and economic feasibility.'' 57 FR 
13541. Like RACT, the EPA has historically considered RACM to consist 
of control measures that are reasonably available, considering 
technological and economic feasibility. See PM2.5 
Implementation Rule, 80 FR 15373.

C. Utah's PM2.5 Attainment Plan Submittals

    Under section 110(k)(4) of the Act, the EPA may approve a SIP 
revision based on a commitment by the state to adopt specific 
enforceable measures by a date certain, but not later than one year 
after the date of approval of the plan revision. If we finalize our 
proposed conditional approval, Utah must adopt and submit the specific 
revisions it has committed to within one year of our finalization. If 
Utah does not submit these revisions within one year, or if we find 
Utah's revisions to be incomplete, or we disapprove Utah's revisions, 
this conditional approval will convert to a disapproval. If any of 
these occur and our conditional approval converts to a disapproval, 
that will constitute a disapproval of a required plan element under 
part D of title I of the Act, which starts an 18-month clock for 
sanctions, see section 179(a)(2), and the two-year clock for a federal 
implementation plan (FIP), see section 110(c)(1)(B).
    Prior to the January 4, 2013 decision of the D.C. Circuit Court of 
Appeals, Utah developed a PM2.5 attainment plan intended to 
meet the requirements of subpart 1. The EPA submitted written comments 
dated November 1, 2012, to the Utah Division of Air Quality (UDAQ) on 
Utah's draft PM2.5 SIP, technical support document (TSD), 
and area source and other rules. After the court's decision, Utah 
amended its attainment plan to address requirements of subpart 4. On 
December 2, 2013, the EPA provided comments on Utah's revised draft 
PM2.5 SIPs for the Salt Lake City and Provo areas, including 
the TSDs and rules in Section IX, Part H. These written comments from 
the EPA included some comments applicable to the rules we are proposing 
to act on today. The comment letters can be found within the docket for 
this action on www.regulations.gov.
    In addition, Utah provided a commitment letter dated August 4, 
2015, committing to revise R307-101, General Requirements; R307-312, 
Aggregate Processing Operations for PM2.5 Nonattainment 
Areas; and R307-328, Gasoline Transfer and Storage. The EPA issued a 
conditional approval of the revisions on February 25, 2016 (81 FR 
9343), based on the commitment letter. In that action, the EPA also 
approved other area source rules and conditionally approved the 
determination of RACM for these specific rules from Utah's moderate 
PM2.5 SIPs. When the EPA takes final action on today's 
proposal, it will complete the action on the revisions described 
earlier and the determination of RACM for these specific rules from 
Utah's moderate PM2.5 SIPs.
    Furthermore, Utah submitted revisions to R307-302, Solid Fuel 
Burning Devices in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, 
and Weber Counties on May 9, 2013, May 20, 2014, and September 8, 2015. 
With this action, the EPA is proposing to conditionally approve R307-
302 based

[[Page 55158]]

on the May 19, 2016 commitment letter submitted by UDAQ. This rule is 
applicable to the Utah SIPs for PM2.5 nonattainment areas.

III. EPA's Evaluation of Utah's Submittals

    SIP revisions for R307-101 were submitted on May 9, 2013, May 20, 
2014, and March 8, 2016. For R307-312, revisions were submitted on May 
9, 2013, and March 8, 2016. Revisions for R307-328 were submitted on 
February 2, 2012, and March 8, 2016. In an August 4, 2015 commitment 
letter, UDAQ committed to revise R307-101, R307-312 and R307-328 and 
EPA conditionally approved these rules on February 25, 2016 (81 FR 
9343). Additionally, SIP revisions were submitted for R307-302 on May 
9, 2013, May 20, 2014, and September 8, 2015. However, the EPA 
identified an issue with R307-302 relating to startup, shutdown, and 
malfunction provisions, and Utah provided a commitment letter dated May 
19, 2016, that contains a commitment to revise R307-302 to address this 
issue. The EPA is proposing conditional approval of the three 
submittals based on Utah's May 19, 2016 commitment letter. These final 
rule submissions, except for revisions to R307-101 and R307-328, are 
submitted as RACM components of the PM2.5 SIP submitted by 
the State of Utah. The area source rules for RACM, R307-302 and R307-
312, provide specific requirements for emissions of direct 
PM2.5, VOCs, NOX, and SO2 from a few 
specific categories of sources. All of these rule revision submittals 
and commitment letters can found on www.regulations.gov.
    The following is a summary of EPA's evaluation of the rule 
revisions. In general, we reviewed the rules for: enforceability; RACM 
requirements (for those rules submitted as RACM); and other applicable 
requirements of the Act.

1. R307-101, General Requirements

    Rule R307-101 provides general requirements that pertain to all 
UDAQ R307 rules, which constitute the basis for control of air 
pollution sources in the State of Utah. The primary section is R307-
101-2 Definitions, which provide definitions that are applicable to all 
R307 rules, except for those definitions as specified in individual 
rules. UDAQ committed in its letter dated August 4, 2015, to remove the 
definition of ``PM2.5 precursor,'' as that definition is not 
used for regulatory purposes in Utah's SIP. Additionally, a 
``Nonsubstantive Rule Amendment'' was made by Utah to correct a 
citation to the United States Code of Federal Regulations 40 CFR 
51.100. In accordance with Utah Code Title 19, Chapter 2, Air 
Conservation Act, Utah Code Title 63G, Chapter 3, Administrative 
Rulemaking Act, and Utah Administrative Code, R15, Administrative 
Rules, this change was made without public comment, as appropriate for 
a non-substantive change. This submittal was made by UDAQ on May 20, 
2014, and was included in the conditional approval finalized by the EPA 
on February 25, 2016. With UDAQ's March 8, 2016 submittal, the 
definition ``PM2.5 precursor'' was removed, which satisfies 
the commitment letter on which the EPA's conditional approval was based 
and completes the EPA's actions on the May 9, 2013 and May 20, 2014 
submittals for R307-101 from UDAQ. (February 25, 2016; 81 FR 9343.)
    Additionally, UDAQ submitted to the EPA other revisions to R307-
101-2 on March 8, 2016. These revisions included revisions to the 
``Clean Air Act'' definition and ``Maintenance Area'' definition, 
specific to coarse particulate matter (PM10). The definition 
for ``Clean Air Act'' was revised to mean ``federal Clean Air Act as 
found in 42 U.S.C. Chapter 85.'' The revisions to the ``Maintenance 
Area'' definition, specific to PM10, updated the date on 
when the Board adopted the maintenance plans for Salt Lake County, Utah 
County, and Ogden City to ``December 2, 2015.''
    The Board proposed for public comment the removal of the definition 
``PM2.5 Precursor'' in R307-101-2 on October 7, 2015, and 
the public comment period was held from November 1, 2015, through 
December 1, 2015. No comments were received and no hearing was 
requested for this comment period. The Board adopted the revision to 
R307-101-2 on February 3, 2016, and it became effective on February 4, 
2016. Amendments to R307-101-2 were proposed by the Board on December 
2, 2015, and were out for a comment period of January 1, 2016, through 
February 2, 2016. No comments were received and no hearing was 
requested for this comment period. The final revision of Rule R307-101-
2 was adopted by the Board on March 2, 2016, and became effective on 
March 3, 2016, and is applicable to the entire state of Utah.
    With UDAQ's March 8, 2016 submittal, section R307-101 was revised 
to represent what was in the commitment letter, which satisfies the 
EPA's conditional approval. Additionally, the EPA is proposing to 
approve the other definition revisions to R307-101 as stated earlier.

2. R307-302, Solid Fuel Burning Devices in Box Elder, Cache, Davis, 
Salt Lake, Tooele, Utah, and Weber Counties

    Rule R307-302 is an existing rule that was approved by the EPA on 
February 14, 2006 (71 FR 7679). This rule establishes emission 
standards for fireplaces and solid fuel burning devices used in 
residential, commercial, institutional and industrial facilities and 
associated outbuilding used to provide comfort heating.
    The Board proposed revisions to R307-302 for public comment on 
October 7, 2015, with the public comment period held from November 1 to 
December 1, 2015. No comments were received and no public hearing was 
requested. The Board adopted the latest revision to R307-302 on 
February 3, 2016, and it became effective on February 4, 2015.
    The EPA requested that UDAQ commit to revise R307-302-5 which 
states ``R307-302-5. Opacity for Heating Appliances. Except during no-
burn periods as required by R307-302-2 and 4, visible emissions from 
solid fuel burning devices and fireplaces shall be limited to a shade 
or density no darker than 20% opacity as measured by EPA Method 9, 
except for the following: (1) An initial fifteen minute start-up 
period, and (2) A period of fifteen minutes in any three-hour period in 
which emissions may exceed the 20% opacity limitation for refueling.'' 
The requested change is to provide continuous controls to cover 
startup, shutdown, and malfunction requirements. UDAQ committed in its 
May 19, 2016 letter to add continuous controls that extend to startup, 
shutdown, and malfunction, by establishing a prohibition on fuel types 
that can't be burned in a solid fuel burning device at any time.
    Utah's RACM and rule analysis can be found in the docket posted on 
regulations.gov. For direct PM2.5, the RACM analysis 
considered the effect of lowering the wood burning prohibition action 
level from 35 [mu]g/m\3\ to 25 [mu]g/m\3\ and alternatively to 15 
[mu]g/m\3\, and the sales restriction of solid fuel devices to only 
EPA-approved wood stoves. In choosing a wood burning prohibition action 
level, UDAQ determined that 25 [mu]g/m\3\ was representative of RACM, 
and chose to establish the 15 [mu]g/m\3\ action level as a contingency 
measure. UDAQ also established a sales restriction on solid fuel 
devices to EPA-approved wood stoves, with a phase-in schedule of 90% by 
2014, 92.5% by 2017, and 95% by 2019.
    The EPA agrees with the revisions that UDAQ has committed to and is 
proposing a conditional approval of the

[[Page 55159]]

revisions to R307-302; and also proposing to find that R307-302, as 
revised, constitutes RACM for the Nonattainment Areas for Solid Fuel 
Burning Devices in Box Elder, Cache, Davis, Salt Lake, Tooele, and 
Weber Counties for the Utah PM2.5 SIP, with the commitment 
to adopt measures to address startup, shutdown, and malfunction events.

3. R307-312, Aggregate Processing Operations for PM2.5 
Nonattainment Areas

    R307-312 establishes emission standards for sources in the 
aggregate processing industry, including aggregate processing 
equipment, hot mix asphalt plants, and concrete batch plants. The rule 
applies to all crushers, screens, conveyors, hot mix asphalt plants, 
and concrete batch plants located within a PM2.5 
nonattainment and maintenance area as defined in 40 CFR 81.345 (July 1, 
2011). The provisions of R307-312 do not apply to temporary hot mix 
asphalt plants.
    The EPA requested that UDAQ commit to revise R307-312-5(2)(a) which 
states ``Production shall be determined by scale house records or 
equivalent method on a daily basis.'' The EPA requested that UDAQ 
identify what could be used as an ``equivalent method'' in its rule. 
UDAQ committed in their August 4, 2015 letter to remove ``equivalent 
method'' and state ``Production shall be determined by scale house 
records, scale house or belt scale records, or manifest statements on a 
daily basis.'' The EPA finalized this commitment and conditional 
approval on February 25, 2016 (81 FR 9343). With UDAQ's March 8, 2016 
submittal, section R307-312-5(2)(a) was revised to represent what was 
in the commitment letter, which satisfies the condition specified in 
the conditional approval and completes the EPA's action on the May 9, 
2013 submittal for R307-312 from UDAQ.
    The Board proposed revisions to R307-312 for public comment on 
October 7, 2015, with the public comment period held from November 1 to 
December 1, 2015. No comments were received and no public hearing was 
requested. The Board adopted the revision to R307-312 on February 3, 
2016, and it became effective on February 4, 2016.
    Utah's RACM and rule analysis can be found in the docket posted on 
regulations.gov. For direct PM2.5, the RACM analysis 
considered the following as technologically feasible control measures 
for aggregate processing: water application, enclosures, and add-on 
control devices, including a baghouse, electrostatic precipitator, wet 
scrubber, and cyclone. UDAQ considered enclosures and add-on controls 
to not be economically feasible for aggregate processing equipment and 
determined water application to be RACM at a cost-effectiveness of 
$650/ton. However, water application was not considered feasible for 
the one existing concrete batch plant; and UDAQ determined RACM to be 
the existing baghouse and fabric filter controls. The RACM analysis 
considered the following add-on controls as technologically feasible 
for filterable particulate matter (PM) from hot mix asphalt plants: 
baghouse, electrostatic precipitator, wet scrubber, and cyclone. UDAQ 
did not find any controls technologically feasible for condensable PM. 
The analysis considered all the add-on controls to be economically 
feasible; and UDAQ correspondingly set a direct PM2.5 limit 
of 0.024 gr/dscf. For NOX, UDAQ considered low-
NOX burners, NSCR, SCR, and use of natural gas to be 
technically feasible. UDAQ determined that use of natural gas was RACM.
    The EPA agrees with the revisions that UDAQ has made to R307-312 
and is proposing approval. Additionally, the EPA is proposing to find 
that R307-312, as revised, constitutes RACM for the Nonattainment Areas 
for Aggregate Processing Operations for the Utah PM2.5 SIP. 
This proposal is based on our review of the RACM analysis provided in 
Utah's PM2.5 SIP.

4. R307-328, Gasoline Transfer and Storage

    R307-328 establishes controls of gasoline vapors during the filling 
of gasoline cargo tank and storage tanks in Utah. The rule is based on 
federal control technique guidance documents. This requirement is 
commonly referred to as stage I vapor recovery.
    The EPA requested that UDAQ commit to revise R307-328-4(6) which 
stated ``A gasoline storage and transfer installation that receives 
inbound loads and dispatches outbound loads (``bulk plant'') need not 
comply with R307-328-4 if it does not have a daily average throughput 
of more than 3,900 gallons (15,000 or more liters) of gasoline based 
upon a 30-day rolling average. Such installations shall on-load and 
off-load gasoline by use of bottom or submerged filling or alternate 
equivalent methods. The emission limitation is based on operating 
procedures and equipment specifications using RACT as defined in EPA 
documents EPA 450/2-77-026 October 1977, ``Control of Hydrocarbons from 
Tank Truck Gasoline Loading Terminals,'' and EPA-450/2-77-035 December 
1977, ``Control of Volatile Organic Emissions from Bulk Gasoline 
Plants.'' The design effectiveness of such equipment and the operating 
procedures must be documented and submitted to and approved by the 
executive secretary.'' The requested change was to remove the 
``alternative equivalent method'' from this section. UDAQ committed in 
their August 4, 2015 letter to remove ``alternative equivalent method'' 
and state: ``A gasoline storage and transfer installation that receives 
inbound loads and dispatches outbound loads (``bulk plant'') need not 
comply with R307-328-4 if it does not have a daily average throughput 
of more than 3,900 gallons (15,000 or more liters) of gasoline based 
upon a 30-day rolling average. Such installations shall on-load and 
off-load gasoline by use of bottom or submerged filling. The emission 
limitation is based on operating procedures and equipment 
specifications using RACT as defined in EPA documents EPA 450/2-77-026 
October 1977, ``Control of Hydrocarbons from Tank Truck Gasoline 
Loading Terminals,'' and EPA-450/2-77-035 December 1977, ``Control of 
Volatile Organic Emissions from Bulk Gasoline Plants.'' The design 
effectiveness of such equipment and the operating procedures must be 
documented and submitted to and approved by the executive secretary.''
    The EPA finalized this commitment and conditional approval on 
February 25, 2016 (81 FR 9343). The Board proposed revisions to R307-
328 for public comment on October 7, 2015, with the public comment 
period held from November 1 to December 1, 2015. No comments were 
received and no public hearing was requested. The Board adopted the 
revision to R307-328 on February 3, 2016, and it became effective on 
February 4, 2016. With UDAQ's March 8, 2016 submittal, the section, 
R307-328-4(6), was revised to represent what was in the commitment 
letter, which satisfies the EPA's conditional approval and completes 
the EPA's action on the February 2, 2012 submittal for R307-328 from 
UDAQ. Therefore, the EPA is proposing approval of the rule, R307-328.

IV. What action is EPA proposing?

    The EPA is proposing approval of the revisions to Administrative 
Rules R307-101-2, along with the revisions in R307-300 Series; 
Requirements for Specific Locations (Within Nonattainment and 
Maintenance Areas), R307-302 (conditional approval, described later), 
R307-312, and R307-328 for incorporation to the Utah SIP as submitted 
by the State of Utah on May

[[Page 55160]]

9, 2013, May 20, 2014, September 8, 2015, and March 8, 2016. This 
proposal will complete the EPA's February 25, 2016 (81 FR 9343) 
conditional approval action on the February 2, 2012, May 9, 2013, and 
May 20, 2014 submittals for R307-101, R307-312, and R307-328 from UDAQ. 
We are proposing to approve Utah's determination that R307-312 
constitutes RACM for the Utah PM2.5 SIP; however, we are not 
proposing to determine that Utah's PM2.5 attainment plan has 
met all requirements regarding RACM under subparts 1 and 4 of Part D, 
title I of the Act. We intend to act separately on the remainder of 
Utah's PM2.5 attainment plan.
    The EPA is proposing to conditionally approve revisions to R307-302 
and conditionally approve Utah's determination that R307-302 
constitutes RACM for the Utah PM2.5 SIP for solid fuel 
burning devices in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, 
and Weber Counties. As stated earlier, we are not proposing to 
determine that Utah's PM2.5 attainment plan has met all 
requirements regarding RACM under subparts 1 and 4 of part D, title I 
of the Act. Under section 110(k)(4) of the Act, the EPA may approve a 
SIP revision based on a commitment by the State to adopt specific 
enforceable measures by a date certain, but not later than one year 
after the date of approval of the plan revision. On May 19, 2016, Utah 
submitted a commitment letter to adopt and submit specific revisions 
within one year of our final action on these submittals; specifically 
to include continuous controls to cover start-up, shutdown, and 
malfunction requirements. If we finalize our proposed conditional 
approval, Utah must adopt and submit the specific revisions it has 
committed to within one year of our final action. If Utah does not 
submit these revisions within one year, or if we find Utah's revisions 
to be incomplete, or we disapprove Utah's revisions, this conditional 
approval will convert to a disapproval. If any of these occur and our 
conditional approvals convert to a disapproval, that will constitute a 
disapproval of a required plan element under part D of title I of the 
Act, which starts an 18-month clock for sanctions, see CAA section 
179(a)(2), and the two-year clock for a FIP, see CAA section 
110(c)(1)(B).

V. Consideration of Section 110(l) of the CAA

    Under section 110(l) of the CAA, the EPA cannot approve a SIP 
revision if the revision would interfere with any applicable 
requirements concerning attainment and RFP toward attainment of the 
NAAQS, or any other applicable requirement of the Act. In addition, 
section 110(l) requires that each revision to an implementation plan 
submitted by a state shall be adopted by the state after reasonable 
notice and public hearing.
    The Utah SIP revisions that the EPA is proposing to approve do not 
interfere with any applicable requirements of the Act. The DAR section 
R307-300 Series submitted by the UDAQ on February 2, 2012, May 9, 2013, 
May 20, 2014, September 8, 2015, and March 8, 2016, are intended to 
strengthen the SIP and to serve as RACM for certain area sources for 
the Utah PM2.5 SIP. Therefore, CAA section 110(l) 
requirements are satisfied.

VI. Incorporation by Reference

    In this rule, the EPA is proposing to include 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 UDAQ rules promulgated in the DAR, R307-300 Series as 
discussed in section III of this preamble. The EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region 8 Office (please contact 
the person identified in the For Further Information Contact section of 
this preamble for more information).

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the 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 proposes to approve state law as 
meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed 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 
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 (Public Law 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; 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 proposed 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).

List of Subjects in 40 CFR Part 52

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

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

    Dated: August 5, 2016.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2016-19775 Filed 8-17-16; 8:45 am]
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                                                  55156                 Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Proposed Rules

                                                  ENVIRONMENTAL PROTECTION                                considered the official comment and                      b. Tips for Preparing Your Comments.
                                                  AGENCY                                                  should include discussion of all points               When submitting comments, remember
                                                                                                          you wish to make. The EPA will                        to:
                                                  40 CFR Part 52                                          generally not consider comments or                       i. Identify the rulemaking by docket
                                                  [EPA–R08–OAR–2016–0311; FRL–9951–04–                    comment contents located outside of the               number and other identifying
                                                  Region 8]                                               primary submission (i.e., on the web,                 information (subject heading, Federal
                                                                                                          cloud, or other file sharing system). For             Register date and page number).
                                                  Approval and Promulgation of Air                        additional submission methods, the full                  ii. Follow directions—The agency
                                                  Quality Implementation Plans; State of                  EPA public comment policy,                            may ask you to respond to specific
                                                  Utah; Revisions to the Utah Division of                 information about CBI or multimedia                   questions or organize comments by
                                                  Administrative Rules, R307–300                          submissions, and general guidance on                  referencing a Code of Federal
                                                  Series; Area Source Rules for                           making effective comments, please visit               Regulations (CFR) part or section
                                                  Attainment of Fine Particulate Matter                   http://www2.epa.gov/dockets/                          number.
                                                  Standards                                               commenting-epa-dockets.                                  iii. Explain why you agree or disagree;
                                                                                                                                                                suggest alternatives and substitute
                                                  AGENCY:  Environmental Protection                          Docket: All documents in the docket
                                                                                                                                                                language for your requested changes.
                                                  Agency (EPA).                                           are listed in the http://
                                                                                                                                                                   iv. Describe any assumptions and
                                                  ACTION: Proposed rule.
                                                                                                          www.regulations.gov index. Although
                                                                                                                                                                provide any technical information and/
                                                                                                          listed in the index, some information is              or data that you used.
                                                  SUMMARY:   The Environmental Protection                 not publicly available, e.g., CBI or other               v. If you estimate potential costs or
                                                  Agency (EPA) is proposing approval of                   information whose disclosure is                       burdens, explain how you arrived at
                                                  portions of the fine particulate matter                 restricted by statute. Certain other                  your estimate in sufficient detail to
                                                  (PM2.5) State Implementation Plan (SIP)                 material, such as copyrighted material,               allow for it to be reproduced.
                                                  and other general rule revisions                        will be publicly available only in hard                  vi. Provide specific examples to
                                                  submitted by the State of Utah. The                     copy. Publicly-available docket                       illustrate your concerns, and suggest
                                                  revisions affect the Utah Division of                   materials are available at http://                    alternatives.
                                                  Administrative Rules (DAR), R307–300                    www.regulations.gov or in hard copy at                   vii. Explain your views as clearly as
                                                  Series; Requirements for Specific                       the EPA Region 8, Office of Partnerships              possible, avoiding the use of profanity
                                                  Locations. The revisions had                            and Regulatory Assistance, Air Program,               or personal threats.
                                                  submission dates of May 9, 2013, May                    1595 Wynkoop Street, Denver,                             viii. Make sure to submit your
                                                  20, 2014, September 8, 2015, and March                  Colorado, 80202–1129. The EPA                         comments by the comment period
                                                  8, 2016. The March 8, 2016 submittal                    requests that if at all possible, you                 deadline identified.
                                                  contains rule revisions to address our                  contact the individual listed in the FOR
                                                  February 25, 2016 conditional approval                  FURTHER INFORMATION CONTACT section to                II. Background
                                                  of several Utah DAR R307–300 Series                     view the hard copy of the docket. You                 A. Regulatory Background
                                                  rules submitted on February 2, 2012,                    may view the hard copy of the docket
                                                  May 9, 2013, and May 20, 2014. These                    Monday through Friday, 8:00 a.m. to                      On October 17, 2006 (71 FR 61144),
                                                  area source rules control emissions of                                                                        the EPA strengthened the level of the
                                                                                                          4:00 p.m., excluding federal holidays.
                                                  direct PM2.5 and PM2.5 precursors,                                                                            24-hour PM2.5 National Ambient Air
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      Quality Standards (NAAQS), lowering
                                                  which are sulfur dioxides (SO2),
                                                  nitrogen oxides (NOX) and volatile                      Crystal Ostigaard, Air Program, EPA,                  the primary and secondary standards
                                                  organic compounds (VOC).                                Region 8, Mailcode 8P–AR, 1595                        from 65 micrograms per cubic meter
                                                  Additionally, the EPA is proposing to                   Wynkoop Street, Denver, Colorado                      (mg/m3), the 1997 standard, to 35mg/m3.
                                                  approve the State’s reasonably available                80202–1129, (303) 312–6602,                           On November 13, 2009 (74 FR 58688),
                                                  control measure (RACM) determinations                   ostigaard.crystal@epa.gov.                            the EPA designated three nonattainment
                                                  for the rule revisions that pertain to the                                                                    areas in Utah for the 24-hour PM2.5
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  PM2.5 SIP. This action is being taken                                                                         NAAQS of 35 mg/m3. These are the Salt
                                                  under section 110 of the Clean Air Act                  I. General Information                                Lake City, Utah; Provo, Utah; and
                                                  (CAA or Act).                                                                                                 Logan, Utah-Idaho nonattainment areas.
                                                                                                            a. Submitting CBI. Do not submit CBI                The EPA originally designated these
                                                  DATES: Written comments must be                         to EPA through http://                                areas under CAA title I, part D, subpart
                                                  received on or before September 19,                     www.regulations.gov or email. Clearly                 1, which required Utah to submit an
                                                  2016.                                                   mark the part or all of the information               attainment plan for each area no later
                                                  ADDRESSES:   Submit your comments,                      that you claim to be CBI. For CBI                     than three years from the date of their
                                                  identified by EPA–R08–OAR–2016–                         information in a disk or CD ROM that                  nonattainment designations. These
                                                  0311 at http://www.regulations.gov.                     you mail to EPA, mark the outside of the              plans needed to provide for the
                                                  Follow the online instructions for                      disk or CD ROM as CBI and then                        attainment of the PM2.5 standard as
                                                  submitting comments. Once submitted,                    identify electronically within the disk or            expeditiously as practicable, but no later
                                                  comments cannot be edited or removed                    CD ROM the specific information that is               than five years from the date the areas
                                                  from regulations.gov. The EPA may                       claimed as CBI. In addition to one                    were designated nonattainment.
                                                  publish any comment received to its                     complete version of the comment that                     Subsequently, on January 4, 2013, the
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                                                  public docket. Do not submit                            includes information claimed as CBI, a                U.S. Court of Appeals for the District of
                                                  electronically any information you                      copy of the comment that does not                     Columbia held that the EPA should
                                                  consider to be Confidential Business                    contain the information claimed as CBI                have implemented the 2006 PM2.5 24-
                                                  Information (CBI) or other information                  must be submitted for inclusion in the                hour standard based on both CAA title
                                                  whose disclosure is restricted by statute.              public docket. Information so marked                  I, part D, subpart 1 and subpart 4. NRDC
                                                  Multimedia submissions (audio, video,                   will not be disclosed except in                       v. EPA, 706 F.3d 428 (D.C. Cir. 2013).
                                                  etc.) must be accompanied by a written                  accordance with procedures set forth in               Under subpart 4, nonattainment areas
                                                  comment. The written comment is                         40 CFR part 2.                                        are initially classified as moderate, and


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                                                                        Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Proposed Rules                                           55157

                                                  moderate area attainment plans must                     consideration for controls.1 From that                 approval, Utah must adopt and submit
                                                  address the requirements of subpart 4 as                list of measures, the state must identify              the specific revisions it has committed
                                                  well as subpart 1. Additionally, CAA                    those that it can implement within four                to within one year of our finalization. If
                                                  subpart 4 sets a different SIP submittal                years of designation of the area (and                  Utah does not submit these revisions
                                                  due date and attainment year. For a                     which would thus meet the statutory                    within one year, or if we find Utah’s
                                                  moderate area, the attainment SIP is due                requirements for RACM and RACT) and                    revisions to be incomplete, or we
                                                  18 months after designation, and the                    any ‘‘additional reasonable measures,’’                disapprove Utah’s revisions, this
                                                  attainment year is the end of the sixth                 which the EPA is proposing in the PM2.5                conditional approval will convert to a
                                                  calendar year after designation. On June                Implementation Rule to define as those                 disapproval. If any of these occur and
                                                  2, 2014 (79 FR 31566), the EPA finalized                technologically and economically                       our conditional approval converts to a
                                                  the Identification of Nonattainment                     feasible measures that the state can only              disapproval, that will constitute a
                                                  Classification and Deadlines for                        implement on sources in the                            disapproval of a required plan element
                                                  Submission of State Implementation                      nonattainment area after the four-year                 under part D of title I of the Act, which
                                                  Plan (SIP) Provisions for the 1997 Fine                 deadline for RACM and RACT has                         starts an 18-month clock for sanctions,
                                                  Particulate (PM2.5) National Ambient                    passed. See proposed 40 CFR 51.1000.                   see section 179(a)(2), and the two-year
                                                  Air Quality Standard (NAAQS) and                        The EPA is currently in the process of                 clock for a federal implementation plan
                                                  2006 PM2.5 NAAQS (‘‘the Classification                  preparing its final action on the                      (FIP), see section 110(c)(1)(B).
                                                  and Deadline Rule’’). This rule                         proposed rule.                                            Prior to the January 4, 2013 decision
                                                  classified to moderate the areas that                                                                          of the D.C. Circuit Court of Appeals,
                                                  were designated in 2009 as                              B. RACT and RACM Requirements for                      Utah developed a PM2.5 attainment plan
                                                  nonattainment, and set the attainment                   PM2.5 Attainment Plans                                 intended to meet the requirements of
                                                  SIP submittal due date for those areas at                  Section 172(c)(1) of the Act (from                  subpart 1. The EPA submitted written
                                                  December 31, 2014. This rule did not                    subpart 1) requires that attainment                    comments dated November 1, 2012, to
                                                  affect the moderate area attainment date                plans, in general, provide for the                     the Utah Division of Air Quality
                                                  of December 31, 2015.                                   implementation of all RACM as                          (UDAQ) on Utah’s draft PM2.5 SIP,
                                                     On March 23, 2015, the EPA proposed                  expeditiously as practicable (including                technical support document (TSD), and
                                                  the Fine Particulate Matter National                    RACT) and shall provide for attainment                 area source and other rules. After the
                                                  Ambient Air Quality Standards: State                    of the national primary ambient air                    court’s decision, Utah amended its
                                                  Implementation Plan Requirements                        quality standards. Section 189(a)(1)(C)                attainment plan to address requirements
                                                  (‘‘PM2.5 Implementation Rule’’), 80 FR                  (from subpart 4) requires moderate area                of subpart 4. On December 2, 2013, the
                                                  15340, which partially addresses the                    attainment plans to contain provisions                 EPA provided comments on Utah’s
                                                  January 4, 2013 court ruling. This                      to assure that RACM is implemented no                  revised draft PM2.5 SIPs for the Salt Lake
                                                  proposed rule details how air agencies                  later than four years after designation.               City and Provo areas, including the
                                                  should meet the statutory SIP                              The EPA stated its interpretation of                TSDs and rules in Section IX, Part H.
                                                  requirements that apply under subparts                  the RACT and RACM requirements of                      These written comments from the EPA
                                                  1 and 4 to areas designated                             subparts 1 and 4 in the 1992 General                   included some comments applicable to
                                                  nonattainment for any PM2.5 NAAQS,                      Preamble for the Implementation of                     the rules we are proposing to act on
                                                  such as: General requirements for                       Title I of the Clean Air Act Amendments                today. The comment letters can be
                                                  attainment plan due dates and                           of 1990, 57 FR 13498 (Apr. 6, 1992). For               found within the docket for this action
                                                  attainment demonstrations; provisions                   RACT, the EPA followed its ‘‘historic                  on www.regulations.gov.
                                                  for demonstrating reasonable further                    definition of RACT as the lowest                          In addition, Utah provided a
                                                  progress (RFP); quantitative milestones;                emission limitation that a particular                  commitment letter dated August 4,
                                                  contingency measures; Nonattainment                     source is capable of meeting by the                    2015, committing to revise R307–101,
                                                  New Source Review (NNSR) permitting                     application of control technology that is              General Requirements; R307–312,
                                                  programs; and RACM (including                           reasonably available considering                       Aggregate Processing Operations for
                                                  reasonably available control technology                 technological and economic feasibility.’’              PM2.5 Nonattainment Areas; and R307–
                                                  (RACT)), among other things. The                        57 FR 13541. Like RACT, the EPA has                    328, Gasoline Transfer and Storage. The
                                                  statutory attainment planning                           historically considered RACM to consist                EPA issued a conditional approval of
                                                  requirements of subparts 1 and 4 were                   of control measures that are reasonably                the revisions on February 25, 2016 (81
                                                  established to ensure that the following                available, considering technological and               FR 9343), based on the commitment
                                                  goals of the CAA are met: (i) That states               economic feasibility. See PM2.5                        letter. In that action, the EPA also
                                                  implement measures that provide for                     Implementation Rule, 80 FR 15373.                      approved other area source rules and
                                                  attainment of the PM2.5 NAAQS as                                                                               conditionally approved the
                                                  expeditiously as practicable; and, (ii)                 C. Utah’s PM2.5 Attainment Plan                        determination of RACM for these
                                                  that states adopt emissions reduction                   Submittals                                             specific rules from Utah’s moderate
                                                  strategies that will be the most effective,                Under section 110(k)(4) of the Act, the             PM2.5 SIPs. When the EPA takes final
                                                  and the most cost-effective, at reducing                EPA may approve a SIP revision based                   action on today’s proposal, it will
                                                  PM2.5 levels in nonattainment areas.                    on a commitment by the state to adopt                  complete the action on the revisions
                                                     The PM2.5 Implementation Rule                        specific enforceable measures by a date                described earlier and the determination
                                                  proposed a process for states to                        certain, but not later than one year after             of RACM for these specific rules from
                                                  determine the control strategy for PM2.5                                                                       Utah’s moderate PM2.5 SIPs.
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                                                                                                          the date of approval of the plan revision.
                                                  attainment plans. The process consists                  If we finalize our proposed conditional                   Furthermore, Utah submitted
                                                  of identifying all technologically and                                                                         revisions to R307–302, Solid Fuel
                                                  economically feasible control measures,                   1 Such exemptions could be due to a                  Burning Devices in Box Elder, Cache,
                                                  including control technologies for all                  demonstrated lack of significant contribution of a     Davis, Salt Lake, Tooele, Utah, and
                                                  sources of direct PM2.5 and PM2.5                       certain PM2.5 precursor to the area’s elevated PM2.5   Weber Counties on May 9, 2013, May
                                                                                                          concentrations or due to a presumptive
                                                  precursors in the emissions inventory                   determination that a certain source category
                                                                                                                                                                 20, 2014, and September 8, 2015. With
                                                  for the nonattainment area which are                    contributes only a de minimis amount toward PM2.5      this action, the EPA is proposing to
                                                  not otherwise exempted from                             levels in a nonattainment area.                        conditionally approve R307–302 based


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                                                  55158                 Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Proposed Rules

                                                  on the May 19, 2016 commitment letter                   to the United States Code of Federal                  2. R307–302, Solid Fuel Burning Devices
                                                  submitted by UDAQ. This rule is                         Regulations 40 CFR 51.100. In                         in Box Elder, Cache, Davis, Salt Lake,
                                                  applicable to the Utah SIPs for PM2.5                   accordance with Utah Code Title 19,                   Tooele, Utah, and Weber Counties
                                                  nonattainment areas.                                    Chapter 2, Air Conservation Act, Utah                    Rule R307–302 is an existing rule that
                                                                                                          Code Title 63G, Chapter 3,                            was approved by the EPA on February
                                                  III. EPA’s Evaluation of Utah’s
                                                                                                          Administrative Rulemaking Act, and                    14, 2006 (71 FR 7679). This rule
                                                  Submittals
                                                                                                          Utah Administrative Code, R15,                        establishes emission standards for
                                                     SIP revisions for R307–101 were                      Administrative Rules, this change was
                                                  submitted on May 9, 2013, May 20,                                                                             fireplaces and solid fuel burning devices
                                                                                                          made without public comment, as                       used in residential, commercial,
                                                  2014, and March 8, 2016. For R307–312,                  appropriate for a non-substantive
                                                  revisions were submitted on May 9,                                                                            institutional and industrial facilities and
                                                                                                          change. This submittal was made by
                                                  2013, and March 8, 2016. Revisions for                                                                        associated outbuilding used to provide
                                                                                                          UDAQ on May 20, 2014, and was
                                                  R307–328 were submitted on February                                                                           comfort heating.
                                                                                                          included in the conditional approval                     The Board proposed revisions to
                                                  2, 2012, and March 8, 2016. In an                       finalized by the EPA on February 25,
                                                  August 4, 2015 commitment letter,                                                                             R307–302 for public comment on
                                                                                                          2016. With UDAQ’s March 8, 2016
                                                  UDAQ committed to revise R307–101,                                                                            October 7, 2015, with the public
                                                                                                          submittal, the definition ‘‘PM2.5
                                                  R307–312 and R307–328 and EPA                                                                                 comment period held from November 1
                                                                                                          precursor’’ was removed, which satisfies
                                                  conditionally approved these rules on                                                                         to December 1, 2015. No comments
                                                                                                          the commitment letter on which the
                                                  February 25, 2016 (81 FR 9343).                                                                               were received and no public hearing
                                                                                                          EPA’s conditional approval was based
                                                  Additionally, SIP revisions were                                                                              was requested. The Board adopted the
                                                                                                          and completes the EPA’s actions on the
                                                  submitted for R307–302 on May 9, 2013,                                                                        latest revision to R307–302 on February
                                                                                                          May 9, 2013 and May 20, 2014
                                                  May 20, 2014, and September 8, 2015.                                                                          3, 2016, and it became effective on
                                                                                                          submittals for R307–101 from UDAQ.
                                                  However, the EPA identified an issue                                                                          February 4, 2015.
                                                                                                          (February 25, 2016; 81 FR 9343.)
                                                  with R307–302 relating to startup,                         Additionally, UDAQ submitted to the                   The EPA requested that UDAQ
                                                  shutdown, and malfunction provisions,                   EPA other revisions to R307–101–2 on                  commit to revise R307–302–5 which
                                                  and Utah provided a commitment letter                   March 8, 2016. These revisions included               states ‘‘R307–302–5. Opacity for Heating
                                                  dated May 19, 2016, that contains a                     revisions to the ‘‘Clean Air Act’’                    Appliances. Except during no-burn
                                                  commitment to revise R307–302 to                        definition and ‘‘Maintenance Area’’                   periods as required by R307–302–2 and
                                                  address this issue. The EPA is proposing                definition, specific to coarse particulate            4, visible emissions from solid fuel
                                                  conditional approval of the three                       matter (PM10). The definition for ‘‘Clean             burning devices and fireplaces shall be
                                                  submittals based on Utah’s May 19,                      Air Act’’ was revised to mean ‘‘federal               limited to a shade or density no darker
                                                  2016 commitment letter. These final                     Clean Air Act as found in 42 U.S.C.                   than 20% opacity as measured by EPA
                                                  rule submissions, except for revisions to               Chapter 85.’’ The revisions to the                    Method 9, except for the following: (1)
                                                  R307–101 and R307–328, are submitted                    ‘‘Maintenance Area’’ definition, specific             An initial fifteen minute start-up period,
                                                  as RACM components of the PM2.5 SIP                     to PM10, updated the date on when the                 and (2) A period of fifteen minutes in
                                                  submitted by the State of Utah. The area                Board adopted the maintenance plans                   any three-hour period in which
                                                  source rules for RACM, R307–302 and                     for Salt Lake County, Utah County, and                emissions may exceed the 20% opacity
                                                  R307–312, provide specific                              Ogden City to ‘‘December 2, 2015.’’                   limitation for refueling.’’ The requested
                                                  requirements for emissions of direct                       The Board proposed for public                      change is to provide continuous
                                                  PM2.5, VOCs, NOX, and SO2 from a few                    comment the removal of the definition                 controls to cover startup, shutdown, and
                                                  specific categories of sources. All of                  ‘‘PM2.5 Precursor’’ in R307–101–2 on                  malfunction requirements. UDAQ
                                                  these rule revision submittals and                      October 7, 2015, and the public                       committed in its May 19, 2016 letter to
                                                  commitment letters can found on                         comment period was held from                          add continuous controls that extend to
                                                  www.regulations.gov.                                    November 1, 2015, through December 1,                 startup, shutdown, and malfunction, by
                                                     The following is a summary of EPA’s                  2015. No comments were received and                   establishing a prohibition on fuel types
                                                  evaluation of the rule revisions. In                    no hearing was requested for this                     that can’t be burned in a solid fuel
                                                  general, we reviewed the rules for:                     comment period. The Board adopted the                 burning device at any time.
                                                  enforceability; RACM requirements (for                  revision to R307–101–2 on February 3,                    Utah’s RACM and rule analysis can be
                                                  those rules submitted as RACM); and                     2016, and it became effective on                      found in the docket posted on
                                                  other applicable requirements of the                    February 4, 2016. Amendments to                       regulations.gov. For direct PM2.5, the
                                                  Act.                                                    R307–101–2 were proposed by the                       RACM analysis considered the effect of
                                                                                                          Board on December 2, 2015, and were                   lowering the wood burning prohibition
                                                  1. R307–101, General Requirements                                                                             action level from 35 mg/m3 to 25 mg/m3
                                                                                                          out for a comment period of January 1,
                                                     Rule R307–101 provides general                       2016, through February 2, 2016. No                    and alternatively to 15 mg/m3, and the
                                                  requirements that pertain to all UDAQ                   comments were received and no hearing                 sales restriction of solid fuel devices to
                                                  R307 rules, which constitute the basis                  was requested for this comment period.                only EPA-approved wood stoves. In
                                                  for control of air pollution sources in                 The final revision of Rule R307–101–2                 choosing a wood burning prohibition
                                                  the State of Utah. The primary section                  was adopted by the Board on March 2,                  action level, UDAQ determined that 25
                                                  is R307–101–2 Definitions, which                        2016, and became effective on March 3,                mg/m3 was representative of RACM, and
                                                  provide definitions that are applicable                 2016, and is applicable to the entire                 chose to establish the 15 mg/m3 action
                                                  to all R307 rules, except for those                     state of Utah.                                        level as a contingency measure. UDAQ
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                                                  definitions as specified in individual                     With UDAQ’s March 8, 2016                          also established a sales restriction on
                                                  rules. UDAQ committed in its letter                     submittal, section R307–101 was revised               solid fuel devices to EPA-approved
                                                  dated August 4, 2015, to remove the                     to represent what was in the                          wood stoves, with a phase-in schedule
                                                  definition of ‘‘PM2.5 precursor,’’ as that              commitment letter, which satisfies the                of 90% by 2014, 92.5% by 2017, and
                                                  definition is not used for regulatory                   EPA’s conditional approval.                           95% by 2019.
                                                  purposes in Utah’s SIP. Additionally, a                 Additionally, the EPA is proposing to                    The EPA agrees with the revisions
                                                  ‘‘Nonsubstantive Rule Amendment’’                       approve the other definition revisions to             that UDAQ has committed to and is
                                                  was made by Utah to correct a citation                  R307–101 as stated earlier.                           proposing a conditional approval of the


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                                                                        Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Proposed Rules                                          55159

                                                  revisions to R307–302; and also                         including a baghouse, electrostatic                   December 1977, ‘‘Control of Volatile
                                                  proposing to find that R307–302, as                     precipitator, wet scrubber, and cyclone.              Organic Emissions from Bulk Gasoline
                                                  revised, constitutes RACM for the                       UDAQ considered enclosures and add-                   Plants.’’ The design effectiveness of
                                                  Nonattainment Areas for Solid Fuel                      on controls to not be economically                    such equipment and the operating
                                                  Burning Devices in Box Elder, Cache,                    feasible for aggregate processing                     procedures must be documented and
                                                  Davis, Salt Lake, Tooele, and Weber                     equipment and determined water                        submitted to and approved by the
                                                  Counties for the Utah PM2.5 SIP, with                   application to be RACM at a cost-                     executive secretary.’’ The requested
                                                  the commitment to adopt measures to                     effectiveness of $650/ton. However,                   change was to remove the ‘‘alternative
                                                  address startup, shutdown, and                          water application was not considered                  equivalent method’’ from this section.
                                                  malfunction events.                                     feasible for the one existing concrete                UDAQ committed in their August 4,
                                                                                                          batch plant; and UDAQ determined                      2015 letter to remove ‘‘alternative
                                                  3. R307–312, Aggregate Processing
                                                                                                          RACM to be the existing baghouse and                  equivalent method’’ and state: ‘‘A
                                                  Operations for PM2.5 Nonattainment
                                                                                                          fabric filter controls. The RACM                      gasoline storage and transfer installation
                                                  Areas
                                                                                                          analysis considered the following add-                that receives inbound loads and
                                                     R307–312 establishes emission                        on controls as technologically feasible               dispatches outbound loads (‘‘bulk
                                                  standards for sources in the aggregate                  for filterable particulate matter (PM)                plant’’) need not comply with R307–
                                                  processing industry, including aggregate                from hot mix asphalt plants: baghouse,                328–4 if it does not have a daily average
                                                  processing equipment, hot mix asphalt                   electrostatic precipitator, wet scrubber,             throughput of more than 3,900 gallons
                                                  plants, and concrete batch plants. The                  and cyclone. UDAQ did not find any                    (15,000 or more liters) of gasoline based
                                                  rule applies to all crushers, screens,                  controls technologically feasible for                 upon a 30-day rolling average. Such
                                                  conveyors, hot mix asphalt plants, and                  condensable PM. The analysis                          installations shall on-load and off-load
                                                  concrete batch plants located within a                  considered all the add-on controls to be              gasoline by use of bottom or submerged
                                                  PM2.5 nonattainment and maintenance                     economically feasible; and UDAQ                       filling. The emission limitation is based
                                                  area as defined in 40 CFR 81.345 (July                  correspondingly set a direct PM2.5 limit              on operating procedures and equipment
                                                  1, 2011). The provisions of R307–312 do                 of 0.024 gr/dscf. For NOX, UDAQ                       specifications using RACT as defined in
                                                  not apply to temporary hot mix asphalt                  considered low-NOX burners, NSCR,                     EPA documents EPA 450/2–77–026
                                                  plants.                                                 SCR, and use of natural gas to be                     October 1977, ‘‘Control of Hydrocarbons
                                                     The EPA requested that UDAQ                          technically feasible. UDAQ determined                 from Tank Truck Gasoline Loading
                                                  commit to revise R307–312–5(2)(a)                       that use of natural gas was RACM.                     Terminals,’’ and EPA–450/2–77–035
                                                  which states ‘‘Production shall be                         The EPA agrees with the revisions                  December 1977, ‘‘Control of Volatile
                                                  determined by scale house records or                    that UDAQ has made to R307–312 and                    Organic Emissions from Bulk Gasoline
                                                  equivalent method on a daily basis.’’                   is proposing approval. Additionally, the              Plants.’’ The design effectiveness of
                                                  The EPA requested that UDAQ identify                    EPA is proposing to find that R307–312,               such equipment and the operating
                                                  what could be used as an ‘‘equivalent                   as revised, constitutes RACM for the                  procedures must be documented and
                                                  method’’ in its rule. UDAQ committed                    Nonattainment Areas for Aggregate                     submitted to and approved by the
                                                  in their August 4, 2015 letter to remove                Processing Operations for the Utah                    executive secretary.’’
                                                  ‘‘equivalent method’’ and state                         PM2.5 SIP. This proposal is based on our                 The EPA finalized this commitment
                                                  ‘‘Production shall be determined by                     review of the RACM analysis provided                  and conditional approval on February
                                                  scale house records, scale house or belt                in Utah’s PM2.5 SIP.                                  25, 2016 (81 FR 9343). The Board
                                                  scale records, or manifest statements on                                                                      proposed revisions to R307–328 for
                                                  a daily basis.’’ The EPA finalized this                 4. R307–328, Gasoline Transfer and
                                                                                                                                                                public comment on October 7, 2015,
                                                  commitment and conditional approval                     Storage
                                                                                                                                                                with the public comment period held
                                                  on February 25, 2016 (81 FR 9343). With                    R307–328 establishes controls of                   from November 1 to December 1, 2015.
                                                  UDAQ’s March 8, 2016 submittal,                         gasoline vapors during the filling of                 No comments were received and no
                                                  section R307–312–5(2)(a) was revised to                 gasoline cargo tank and storage tanks in              public hearing was requested. The
                                                  represent what was in the commitment                    Utah. The rule is based on federal                    Board adopted the revision to R307–328
                                                  letter, which satisfies the condition                   control technique guidance documents.                 on February 3, 2016, and it became
                                                  specified in the conditional approval                   This requirement is commonly referred                 effective on February 4, 2016. With
                                                  and completes the EPA’s action on the                   to as stage I vapor recovery.                         UDAQ’s March 8, 2016 submittal, the
                                                  May 9, 2013 submittal for R307–312                         The EPA requested that UDAQ                        section, R307–328–4(6), was revised to
                                                  from UDAQ.                                              commit to revise R307–328–4(6) which                  represent what was in the commitment
                                                     The Board proposed revisions to                      stated ‘‘A gasoline storage and transfer              letter, which satisfies the EPA’s
                                                  R307–312 for public comment on                          installation that receives inbound loads              conditional approval and completes the
                                                  October 7, 2015, with the public                        and dispatches outbound loads (‘‘bulk                 EPA’s action on the February 2, 2012
                                                  comment period held from November 1                     plant’’) need not comply with R307–                   submittal for R307–328 from UDAQ.
                                                  to December 1, 2015. No comments                        328–4 if it does not have a daily average             Therefore, the EPA is proposing
                                                  were received and no public hearing                     throughput of more than 3,900 gallons                 approval of the rule, R307–328.
                                                  was requested. The Board adopted the                    (15,000 or more liters) of gasoline based
                                                  revision to R307–312 on February 3,                     upon a 30-day rolling average. Such                   IV. What action is EPA proposing?
                                                  2016, and it became effective on                        installations shall on-load and off-load                The EPA is proposing approval of the
                                                  February 4, 2016.                                       gasoline by use of bottom or submerged                revisions to Administrative Rules R307–
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                                                     Utah’s RACM and rule analysis can be                 filling or alternate equivalent methods.              101–2, along with the revisions in
                                                  found in the docket posted on                           The emission limitation is based on                   R307–300 Series; Requirements for
                                                  regulations.gov. For direct PM2.5, the                  operating procedures and equipment                    Specific Locations (Within
                                                  RACM analysis considered the                            specifications using RACT as defined in               Nonattainment and Maintenance Areas),
                                                  following as technologically feasible                   EPA documents EPA 450/2–77–026                        R307–302 (conditional approval,
                                                  control measures for aggregate                          October 1977, ‘‘Control of Hydrocarbons               described later), R307–312, and R307–
                                                  processing: water application,                          from Tank Truck Gasoline Loading                      328 for incorporation to the Utah SIP as
                                                  enclosures, and add-on control devices,                 Terminals,’’ and EPA–450/2–77–035                     submitted by the State of Utah on May


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                                                  55160                 Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Proposed Rules

                                                  9, 2013, May 20, 2014, September 8,                     of the NAAQS, or any other applicable                    • does not contain any unfunded
                                                  2015, and March 8, 2016. This proposal                  requirement of the Act. In addition,                  mandate or significantly or uniquely
                                                  will complete the EPA’s February 25,                    section 110(l) requires that each revision            affect small governments, as described
                                                  2016 (81 FR 9343) conditional approval                  to an implementation plan submitted by                in the Unfunded Mandates Reform Act
                                                  action on the February 2, 2012, May 9,                  a state shall be adopted by the state after           of 1995 (Public Law 104–4);
                                                  2013, and May 20, 2014 submittals for                   reasonable notice and public hearing.
                                                                                                                                                                   • does not have federalism
                                                  R307–101, R307–312, and R307–328                           The Utah SIP revisions that the EPA
                                                  from UDAQ. We are proposing to                                                                                implications as specified in Executive
                                                                                                          is proposing to approve do not interfere
                                                  approve Utah’s determination that                                                                             Order 13132 (64 FR 43255, August 10,
                                                                                                          with any applicable requirements of the
                                                  R307–312 constitutes RACM for the                                                                             1999);
                                                                                                          Act. The DAR section R307–300 Series
                                                  Utah PM2.5 SIP; however, we are not                     submitted by the UDAQ on February 2,                     • is not an economically significant
                                                  proposing to determine that Utah’s                      2012, May 9, 2013, May 20, 2014,                      regulatory action based on health or
                                                  PM2.5 attainment plan has met all                       September 8, 2015, and March 8, 2016,                 safety risks subject to Executive Order
                                                  requirements regarding RACM under                       are intended to strengthen the SIP and                13045 (62 FR 19885, April 23, 1997);
                                                  subparts 1 and 4 of Part D, title I of the              to serve as RACM for certain area                        • is not a significant regulatory action
                                                  Act. We intend to act separately on the                 sources for the Utah PM2.5 SIP.
                                                  remainder of Utah’s PM2.5 attainment                                                                          subject to Executive Order 13211 (66 FR
                                                                                                          Therefore, CAA section 110(l)                         28355, May 22, 2001);
                                                  plan.                                                   requirements are satisfied.
                                                     The EPA is proposing to conditionally                                                                         • is not subject to requirements of
                                                  approve revisions to R307–302 and                       VI. Incorporation by Reference                        Section 12(d) of the National
                                                  conditionally approve Utah’s                              In this rule, the EPA is proposing to               Technology Transfer and Advancement
                                                  determination that R307–302 constitutes                 include in a final EPA rule regulatory                Act of 1995 (15 U.S.C. 272 note) because
                                                  RACM for the Utah PM2.5 SIP for solid                   text that includes incorporation by                   application of those requirements would
                                                  fuel burning devices in Box Elder,                      reference. In accordance with                         be inconsistent with the CAA; and
                                                  Cache, Davis, Salt Lake, Tooele, Utah,                  requirements of 1 CFR 51.5, the EPA is
                                                  and Weber Counties. As stated earlier,                                                                           • does not provide the EPA with the
                                                                                                          proposing to incorporate by reference                 discretionary authority to address, as
                                                  we are not proposing to determine that                  the UDAQ rules promulgated in the
                                                  Utah’s PM2.5 attainment plan has met all                                                                      appropriate, disproportionate human
                                                                                                          DAR, R307–300 Series as discussed in                  health or environmental effects, using
                                                  requirements regarding RACM under                       section III of this preamble. The EPA
                                                  subparts 1 and 4 of part D, title I of the                                                                    practicable and legally permissible
                                                                                                          has made, and will continue to make,                  methods, under Executive Order 12898
                                                  Act. Under section 110(k)(4) of the Act,                these materials generally available
                                                  the EPA may approve a SIP revision                                                                            (59 FR 7629, February 16, 1994).
                                                                                                          through www.regulations.gov and/or at
                                                  based on a commitment by the State to                   the EPA Region 8 Office (please contact                  In addition, the SIP is not approved
                                                  adopt specific enforceable measures by                  the person identified in the FOR FURTHER              to apply on any Indian reservation land
                                                  a date certain, but not later than one                  INFORMATION CONTACT section of this                   or in any other area where the EPA or
                                                  year after the date of approval of the                                                                        an Indian tribe has demonstrated that a
                                                                                                          preamble for more information).
                                                  plan revision. On May 19, 2016, Utah                                                                          tribe has jurisdiction. In those areas of
                                                  submitted a commitment letter to adopt                  VII. Statutory and Executive Order
                                                                                                                                                                Indian Country, the proposed rule does
                                                  and submit specific revisions within                    Reviews
                                                                                                                                                                not have tribal implications and will not
                                                  one year of our final action on these
                                                                                                            Under the Clean Air Act, the                        impose substantial direct costs on tribal
                                                  submittals; specifically to include
                                                                                                          Administrator is required to approve a                governments or preempt tribal law as
                                                  continuous controls to cover start-up,
                                                                                                          SIP submission that complies with the                 specified by Executive Order 13175 (65
                                                  shutdown, and malfunction
                                                                                                          provisions of the Act and applicable                  FR 67249, November 9, 2000).
                                                  requirements. If we finalize our
                                                                                                          federal regulations. 42 U.S.C. 7410(k);
                                                  proposed conditional approval, Utah                                                                           List of Subjects in 40 CFR Part 52
                                                                                                          40 CFR 52.02(a). Thus, in reviewing SIP
                                                  must adopt and submit the specific
                                                                                                          submissions, the EPA’s role is to
                                                  revisions it has committed to within one                                                                        Environmental protection, Air
                                                                                                          approve state choices, provided that
                                                  year of our final action. If Utah does not                                                                    pollution control, Carbon monoxide,
                                                  submit these revisions within one year,                 they meet the criteria of the Clean Air
                                                                                                          Act. Accordingly, this action merely                  Intergovernmental relations,
                                                  or if we find Utah’s revisions to be                                                                          Incorporation by reference, Lead,
                                                  incomplete, or we disapprove Utah’s                     proposes to approve state law as
                                                                                                          meeting federal requirements and does                 Nitrogen dioxide, Ozone, Particulate
                                                  revisions, this conditional approval will                                                                     matter, Reporting and recordkeeping
                                                  convert to a disapproval. If any of these               not impose additional requirements
                                                                                                          beyond those imposed by state law. For                requirements, Sulfur oxides, Volatile
                                                  occur and our conditional approvals                                                                           organization compounds.
                                                  convert to a disapproval, that will                     that reason, this proposed action:
                                                  constitute a disapproval of a required                    • Is not a ‘‘significant regulatory                   Authority: 42 U.S.C. 7401 et seq.
                                                  plan element under part D of title I of                 action’’ subject to review by the Office
                                                                                                                                                                  Dated: August 5, 2016.
                                                  the Act, which starts an 18-month clock                 of Management and Budget under
                                                                                                          Executive Order 12866 (58 FR 51735,                   Debra H. Thomas,
                                                  for sanctions, see CAA section 179(a)(2),
                                                                                                          October 4, 1993);                                     Acting Regional Administrator, Region 8.
                                                  and the two-year clock for a FIP, see
                                                                                                            • does not impose an information                    [FR Doc. 2016–19775 Filed 8–17–16; 8:45 am]
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                                                  CAA section 110(c)(1)(B).
                                                                                                          collection burden under the provisions                BILLING CODE 6560–50–P
                                                  V. Consideration of Section 110(l) of the               of the Paperwork Reduction Act (44
                                                  CAA                                                     U.S.C. 3501 et seq.);
                                                     Under section 110(l) of the CAA, the                   • is certified as not having a
                                                  EPA cannot approve a SIP revision if the                significant economic impact on a
                                                  revision would interfere with any                       substantial number of small entities
                                                  applicable requirements concerning                      under the Regulatory Flexibility Act (5
                                                  attainment and RFP toward attainment                    U.S.C. 601 et seq.);


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Document Created: 2016-08-17 23:45:54
Document Modified: 2016-08-17 23:45:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before September 19, 2016.
ContactCrystal Ostigaard, Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202- 1129, (303) 312-6602, [email protected]
FR Citation81 FR 55156 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Intergovernmental Relations; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organization Compounds

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