81 FR 71988 - 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 202 (October 19, 2016)
Federal Register Volume 81, Issue 202 (October 19, 2016)
| Page Range | 71988-71991 | |
| FR Document | 2016-25148 |
[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)] [Rules and Regulations] [Pages 71988-71991] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25148] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2016-0311; FRL-9954-14-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: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing approval and finalizing the conditional 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 finalizing 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: This final rule is effective on November 18, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R08-OAR-2016-0311. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202- 1129, (303) 312-6602, [email protected]. SUPPLEMENTARY INFORMATION: I. 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 ([micro]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 [micro]g/m\3\. These are the Salt Lake City, Utah; Provo, Utah; and [[Page 71989]] Logan, Utah-Idaho nonattainment areas. The State of Utah has made a number of SIP submittals intended to address the requirements under part D of title I of the CAA for these PM2.5 nonattainment areas. Among those requirements are those in sections 172(c)(1) and 189(a)(1)(C) regarding RACM and reasonably available control technology (RACT). On August 18, 2016 (81 FR 55156), the EPA proposed to approve and conditionally approve a number of RACM components in the PM2.5 Moderate area SIP submitted by the State. Our proposed notice provides details on the EPA's interpretation of the RACM requirements under part D and our evaluation of the State's submittals. The submittals dated May 9, 2013, May 20, 2014, September 8, 2015, and March 8, 2016, contained various revisions to the Utah DAR, Title R307--Environmental Quality, set of rules, most of which are applicable to the Utah SIP for PM2.5 nonattainment areas. The rules we are addressing in this final rule were provided by Utah in the four different submissions listed above, and these rules are R307-101-2, General Requirements: Definitions; R307-302, Solid Fuel Burning Devices in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber Counties; R307-312, Aggregate Processing Operations for PM2.5 Nonattainment Areas; and R307-328, Gasoline Transfer and Storage. II. Response to Comments The EPA did not receive any comments on the proposed action. III. Final Action For the reasons stated in our proposed notice, the EPA is finalizing approval of revisions to Administrative Rule R307-101-2, along with revisions in R307-300 Series; Requirements for Specific Locations (Within Nonattainment and Maintenance Areas), R307-312 and R307-328 for incorporation into the Utah SIP as submitted by the State of Utah on March 8, 2016. This final rule completes the February 25, 2016 (81 FR 9343) conditional approval for R307-101-2, R307-312, and R307-328 that had submission dates of February 2, 2012, May 9, 2013, and May 20, 2014. Additionally, we are finalizing approval of Utah's determination that R307-312 constitutes RACM for the Utah PM2.5 SIP that was conditionally approved on February 25, 2016 (81 FR 9343); however, we are not acting at this time 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 finalizing the conditional approval of revisions for R307-302 found in the May 9, 2013, May 20, 2014, and September 8, 2015 submittals. Additionally, the EPA is finalizing the conditional approval of Utah's determination that R307-302 constitutes RACM for the Utah PM2.5 SIP for solid fuel burning devices. As stated earlier, we are not determining 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 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. Since we are finalizing our 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 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 federal implementation plan (FIP) to address the disapproved plan element, see CAA section 110(c)(1)(B). IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of Utah Division of Administrative Rules described in the amendments set forth to 40 CFR part 52 below. Therefore, these materials have been approved by the EPA for inclusion in the state implementation plan, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 8 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. 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 approves of state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this final action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and [[Page 71990]] does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 19, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, 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: September 26, 2016. Debra H. Thomas, Regional Administrator, Region 8. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart TT--Utah 0 2. Section 52.2320, the table in paragraph (c) is amended as follows: 0 a. Under ``R307-101. General Requirements'' by revising the entry for ``R307-101-2''; 0 b. Under ``R307-302. Davis, Salt Lake, and Utah Counties: Residential Fireplaces and Stoves'' by revising the entries ``R307-302-1'', ``R307- 302-2'', ``R307-302-3'', ``R307-302-4''; 0 c. Under ``R307-302. Davis, Salt Lake, and Utah Counties: Residential Fireplaces and Stoves'' by adding the entries ``R307-302-05'', ``R307- 302-06''; 0 d. Under ``R307-312. Aggregate Processing Operations for PM 2.5 ; Nonattainment Areas'' by revising the entry for ``R307-312''; 0 e. Under ``R307-312. Aggregate Processing Operations for PM2.5 ; Nonattainment Areas'' by removing the entry for ``R307-312-5(2)(a)''; 0 f. Under ``R307-328. Ozone Nonattainment and Maintenance Areas and Utah and Weber Counties: Gasoline Transfer and Storage'' by revising the entry for ``R307-328''; and 0 g. Under ``R307-328. Ozone Nonattainment and Maintenance Areas and Utah and Weber Counties: Gasoline Transfer and Storage'' by removing the entry for ``307-328-4(6)''. The revisions and additions read as follows: Sec. 52.2320 Identification of plan. * * * * * (c) * * * ---------------------------------------------------------------------------------------------------------------- State Final rule citation, Rule No. Rule title effective date date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- R307-101. General Requirements ---------------------------------------------------------------------------------------------------------------- * * * * * * * R307-101-2................. Definitions.......... 3/3/2016 [Insert Federal ..................... Register citation], 10/19/2016. * * * * * * * ---------------------------------------------------------------------------------------------------------------- R307-302. Davis, Salt Lake, and Utah Counties: Residential Fireplaces and Stoves ---------------------------------------------------------------------------------------------------------------- R307-302-01................ Definitions.......... 2/4/2015 [Insert Federal Conditionally Register citation], approved through 10/ 10/19/2016. 19/2017. R307-302-02................ No-Burn Periods for 2/4/2015 [Insert Federal Conditionally PM10. Register citation], approved through 10/ 10/19/2016. 19/2017. R307-302-03................ No-Burn Periods for 3/6/2014 [Insert Federal Conditionally Carbon Monoxide. Register citation], approved through 10/ 10/19/2016. 19/2017. R307-302-04................ Violations........... 3/6/2014 [Insert Federal Conditionally Register citation], approved through 10/ 10/19/2016. 19/2017. R307-302-05................ Opacity and other 3/6/2014 [Insert Federal Conditionally Controls for Heating Register citation], approved through 10/ Appliances. 10/19/2016. 19/2017. [[Page 71991]] R307-302-06................ Prohibition.......... 1/1/2013 [Insert Federal Conditionally Register citation], approved through 10/ 10/19/2016. 19/2017. * * * * * * * ---------------------------------------------------------------------------------------------------------------- R307-312. Aggregate Processing Operations for PM2.5; Nonattainment Areas ---------------------------------------------------------------------------------------------------------------- R307-312................... Aggregate Processing 2/4/2016 [Insert Federal ..................... Operations for PM2.5 Register citation], Nonattainment Areas. 10/19/2016. * * * * * * * ---------------------------------------------------------------------------------------------------------------- R307-328. Ozone Nonattainment and Maintenance Areas and Utah and Weber Counties: Gasoline Transfer and Storage ---------------------------------------------------------------------------------------------------------------- R307-328................... Ozone Nonattainment 2/4/2016 [Insert Federal ..................... and Maintenance Register citation], Areas and Utah and 10/19/2016. Weber Counties: Gasoline Transfer and Storage. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-25148 Filed 10-18-16; 8:45 am] BILLING CODE 6560-50-P
![71988 Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations
CFT regime, FinCEN remains concerned This exceptive relief also takes into and other general rule revisions
that Burma has not yet implemented its account the effect of FinCEN’s action on submitted by the State of Utah. The
new reforms and has not displayed U.S. national security and foreign revisions affect the Utah Division of
adequate effectiveness in mitigating the policy, as did the final rule.12 FinCEN’s Administrative Rules (DAR), R307–300
risks and threats of money laundering final rule contained an exemption at 31 Series; Requirements for Specific
and terrorist financing. FinCEN also CFR 1010.651(b)(3) that allowed U.S. Locations. The revisions had
notes that a significant portion of financial institutions to maintain submission dates of May 9, 2013, May
financial activity in Burma relies upon correspondent accounts for Burmese 20, 2014, September 8, 2015, and March
informal money transfer systems, which banks if such activity was licensed 8, 2016. The March 8, 2016 submittal
remain largely unregulated and under authorities administered by the contains rule revisions to address our
unsupervised. U.S. Department of the Treasury’s Office February 25, 2016 conditional approval
FinCEN is also concerned that Burma of Foreign Assets Control (OFAC). Since of several Utah DAR R307–300 Series
has not sufficiently addressed the 2012, OFAC has, via general licenses, rules submitted on February 2, 2012,
corruption issues identified in the 2003 authorized a broad range of financial May 9, 2013, and May 20, 2014. These
finding. Burma’s ranking on activity with respect to Burma that area source rules control emissions of
Transparency International’s would otherwise have been prohibited direct PM2.5 and PM2.5 precursors,
International Corruption Perceptions under the Section 311 rule. On October which are sulfur dioxides (SO2),
Index remains high. The U.S. State 7, 2016, the President terminated the nitrogen oxides (NOX) and volatile
Department’s 2016 International national emergency with respect to organic compounds (VOC).
Narcotics Control Strategy Report on Burma and revoked all Burma sanctions Additionally, the EPA is finalizing to
Burma notes that ‘‘corruption is Executive orders, lifting the economic approve the State’s reasonably available
endemic in both business and and financial sanctions on Burma control measure (RACM) determinations
government. . . The rule of law remains administered by OFAC. As a result of for the rule revisions that pertain to the
weak, and Burma continues to face a the termination of the Burma sanctions PM2.5 SIP. This action is being taken
significant risk of narcotics proceeds program, the OFAC general licenses under section 110 of the Clean Air Act
being laundered through commercial referenced above are no longer in effect. (CAA or Act).
ventures.’’ 10 Therefore, the exemption incorporated DATES: This final rule is effective on
The United States also continues to into FinCEN’s final rule at 31 CFR November 18, 2016.
recognize Burma as a haven for 1010.651(b)(3), which effectively ADDRESSES: The EPA has established a
international drug trafficking. In permitted U.S. correspondent account docket for this action under Docket ID
September 2016, under the Foreign activity with Burmese banks, no longer No. EPA–R08–OAR–2016–0311. All
Relations Authorization Act, the has any operational effect. FinCEN has documents in the docket are listed on
President determined Burma to be a taken this into consideration in deciding the http://www.regulations.gov Web
major illicit drug producing country or to issue this exceptive relief. site. Although listed in the index, some
major drug-transit country.11 Further, Dated: October 13, 2016. information is not publicly available,
Burma’s cooperation with U.S. law Jamal El Hindi, e.g., CBI or other information whose
enforcement, while improved since Acting Director, Financial Crimes disclosure is restricted by statute.
2003, nonetheless remains nascent and Enforcement Network. Certain other material, such as
largely untested. [FR Doc. 2016–25249 Filed 10–18–16; 8:45 am] copyrighted material, is not placed on
Considerations for Exceptive Relief BILLING CODE 4810–02–P
the Internet and will be publicly
available only in hard copy form.
As noted in the final rule, the Section Publicly available docket materials are
311 action was designed to encourage available through http://
Burma to make necessary changes to its ENVIRONMENTAL PROTECTION www.regulations.gov, or please contact
AML/CFT regime in order to address AGENCY the person identified in the FOR FURTHER
FinCEN’s concerns. Burma has begun to INFORMATION CONTACT section for
40 CFR Part 52
address those concerns, but significant additional availability information.
work remains. FinCEN welcomes [EPA–R08–OAR–2016–0311; FRL–9954–14– FOR FURTHER INFORMATION CONTACT:
Burma’s recent commitment to work Region 8] Crystal Ostigaard, Air Program, EPA,
with FinCEN and other components of Region 8, Mailcode 8P–AR, 1595
the U.S. Department of the Treasury, as Approval and Promulgation of Air
Quality Implementation Plans; State of Wynkoop Street, Denver, Colorado
well as with the U.S. government more 80202–1129, (303) 312–6602,
broadly, in advancing its AML/CFT Utah; Revisions to the Utah Division of
Administrative Rules, R307–300 ostigaard.crystal@epa.gov.
efforts. FinCEN has considered Burma’s SUPPLEMENTARY INFORMATION:
progress, its remaining deficiencies, and Series; Area Source Rules for
its commitment to address those Attainment of Fine Particulate Matter I. Background
deficiencies in deciding to issue this Standards
On October 17, 2006 (71 FR 61144),
exceptive relief. AGENCY: Environmental Protection the EPA strengthened the level of the
Agency (EPA). 24-hour PM2.5 National Ambient Air
10 U.S. State Department, 2016 International
ACTION: Final rule. Quality Standards (NAAQS), lowering
Narcotics Control Strategy Report, available at the primary and secondary standards
jstallworth on DSK7TPTVN1PROD with RULES
http://www.state.gov/j/inl/rls/nrcrpt/2016/vol2/
253387.htm. SUMMARY: The Environmental Protection from 65 micrograms per cubic meter
11 See Section 706(1) of the Foreign Relations Agency (EPA) is finalizing approval and (mg/m3), the 1997 standard, to 35 mg/m3.
Authorization Act, Fiscal Year 2003 (Pub. L. 107– finalizing the conditional approval of On November 13, 2009 (74 FR 58688),
228); 2016 Presidential Determination for Major portions of the fine particulate matter the EPA designated three nonattainment
Drug Producing and Transit Countries, available at
https://www.whitehouse.gov/the-press-office/2016/ (PM2.5) State Implementation Plan (SIP) areas in Utah for the 24-hour PM2.5
09/12/presidential-determination-major-drug- NAAQS of 35 mg/m3. These are the Salt
transit-or-major-illicit-drug. 12 69 FR at 19094. Lake City, Utah; Provo, Utah; and
VerDate Sep<11>2014 13:39 Oct 18, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\19OCR1.SGM 19OCR1](https://thefederalregister.org/doc/81_FR_72190/page/1.svg)
![71990 Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations
• does not provide the EPA with the this action must be filed in the United Subpart TT—Utah
discretionary authority to address, as States Court of Appeals for the
appropriate, disproportionate human appropriate circuit by December 19, ■ 2. Section 52.2320, the table in
health or environmental effects, using 2016. Filing a petition for paragraph (c) is amended as follows:
practicable and legally permissible reconsideration by the Administrator of ■ a. Under ‘‘R307–101. General
methods, under Executive Order 12898 this final rule does not affect the finality Requirements’’ by revising the entry for
(59 FR 7629, February 16, 1994). of this action for the purposes of judicial ‘‘R307–101–2’’;
In addition, the SIP is not approved review nor does it extend the time ■ b. Under ‘‘R307–302. Davis, Salt Lake,
to apply on any Indian reservation land within which a petition for judicial and Utah Counties: Residential
or in any other area where the EPA or review may be filed, and shall not Fireplaces and Stoves’’ by revising the
an Indian tribe has demonstrated that a postpone the effectiveness of such rule entries ‘‘R307–302–1’’, ‘‘R307–302–2’’,
tribe has jurisdiction. In those areas of or action. This action may not be ‘‘R307–302–3’’, ‘‘R307–302–4’’;
Indian country, the rule does not have challenged later in proceedings to ■ c. Under ‘‘R307–302. Davis, Salt Lake,
tribal implications and will not impose enforce its requirements. (See section and Utah Counties: Residential
substantial direct costs on tribal 307(b)(2).) Fireplaces and Stoves’’ by adding the
governments or preempt tribal law as entries ‘‘R307–302–05’’, ‘‘R307–302–
specified by Executive Order 13175 (65 List of Subjects in 40 CFR Part 52 06’’;
FR 67249, November 9, 2000). ■ d. Under ‘‘R307–312. Aggregate
The Congressional Review Act, 5 Environmental protection, Air Processing Operations for PM2.5;
U.S.C. 801 et seq., as added by the Small pollution control, Carbon monoxide, Nonattainment Areas’’ by revising the
Business Regulatory Enforcement Intergovernmental relations, entry for ‘‘R307–312’’;
Fairness Act of 1996, generally provides Incorporation by reference, Lead, ■ e. Under ‘‘R307–312. Aggregate
that before a rule may take effect, the Nitrogen dioxide, Ozone, Particulate Processing Operations for PM2.5;
agency promulgating the rule must matter, Reporting and recordkeeping Nonattainment Areas’’ by removing the
submit a rule report, which includes a requirements, Sulfur oxides, Volatile entry for ‘‘R307–312–5(2)(a)’’;
copy of the rule, to each House of the organization compounds. ■ f. Under ‘‘R307–328. Ozone
Congress and to the Comptroller General Authority: 42 U.S.C. 7401 et seq. Nonattainment and Maintenance Areas
of the United States. The EPA will and Utah and Weber Counties: Gasoline
Dated: September 26, 2016.
submit a report containing this action Transfer and Storage’’ by revising the
and other required information to the Debra H. Thomas,
entry for ‘‘R307–328’’; and
U.S. Senate, the U.S. House of Regional Administrator, Region 8. ■ g. Under ‘‘R307–328. Ozone
Representatives, and the Comptroller Nonattainment and Maintenance Areas
40 CFR part 52 is amended as follows:
General of the United States prior to and Utah and Weber Counties: Gasoline
publication of the rule in the Federal PART 52—APPROVAL AND Transfer and Storage’’ by removing the
Register. A major rule cannot take effect PROMULGATION OF entry for ‘‘307–328–4(6)’’.
until 60 days after it is published in the IMPLEMENTATION PLANS The revisions and additions read as
Federal Register. This action is not a follows:
‘‘major rule’’ as defined by 5 U.S.C.
■ 1. The authority citation for part 52 § 52.2320 Identification of plan.
804(2).
Under section 307(b)(1) of the Clean continues to read as follows: * * * * *
Air Act, petitions for judicial review of Authority: 42 U.S.C. 7401 et seq. (c) * * *
State
Rule No. Rule title effective Final rule citation, date Comments
date
* * * * * * *
R307–101. General Requirements
* * * * * * *
R307–101–2 ...... Definitions ..................................... 3/3/2016 [Insert Federal Register citation],
10/19/2016.
* * * * * * *
R307–302. Davis, Salt Lake, and Utah Counties: Residential Fireplaces and Stoves
R307–302–01 .... Definitions ..................................... 2/4/2015 [Insert Federal Register citation], Conditionally approved through
10/19/2016. 10/19/2017.
R307–302–02 .... No-Burn Periods for PM10 ............. 2/4/2015 [Insert Federal Register citation], Conditionally approved through
jstallworth on DSK7TPTVN1PROD with RULES
10/19/2016. 10/19/2017.
R307–302–03 .... No-Burn Periods for Carbon Mon- 3/6/2014 [Insert Federal Register citation], Conditionally approved through
oxide. 10/19/2016. 10/19/2017.
R307–302–04 .... Violations ....................................... 3/6/2014 [Insert Federal Register citation], Conditionally approved through
10/19/2016. 10/19/2017.
R307–302–05 .... Opacity and other Controls for 3/6/2014 [Insert Federal Register citation], Conditionally approved through
Heating Appliances. 10/19/2016. 10/19/2017.
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![Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations 71991
State
Rule No. Rule title effective Final rule citation, date Comments
date
R307–302–06 .... Prohibition ..................................... 1/1/2013 [Insert Federal Register citation], Conditionally approved through
10/19/2016. 10/19/2017.
* * * * * * *
R307–312. Aggregate Processing Operations for PM2.5; Nonattainment Areas
R307–312 .......... Aggregate Processing Operations 2/4/2016 [Insert Federal Register citation],
for PM2.5 Nonattainment Areas. 10/19/2016.
* * * * * * *
R307–328. Ozone Nonattainment and Maintenance Areas and Utah and Weber Counties: Gasoline Transfer and Storage
R307–328 .......... Ozone Nonattainment and Mainte- 2/4/2016 [Insert Federal Register citation],
nance Areas and Utah and 10/19/2016.
Weber Counties: Gasoline
Transfer and Storage.
* * * * * * *
* * * * * to protect visibility (prong 4). 1129, (303) 312–7104, clark.adam@
[FR Doc. 2016–25148 Filed 10–18–16; 8:45 am] Specifically, the EPA is approving epa.gov.
BILLING CODE 6560–50–P interstate transport prongs 1, 2 and 4 for
I. Background
the 2008 Pb NAAQS, approving prong 4
for the 2010 SO2 NAAQS, disapproving On May 10, 2016, the EPA proposed
ENVIRONMENTAL PROTECTION prong 4 for the 2006 PM2.5, 2008 ozone, action on two submittals from Utah for
AGENCY 2010 NO2 and 2012 PM2.5 NAAQS, and the interstate transport requirements of
disapproving prong 2 for the 2008 ozone CAA section 110(a)(2)(D)(i)(I) for the
40 CFR Part 52 NAAQS. 2008 Pb and 2008 ozone NAAQS. 81 FR
28807. An explanation of the CAA
[EPA–R08–OAR–2016–0107; FRL–9954–13- This final rule is effective on
DATES: requirements, a detailed analysis of the
Region 8] November 18, 2016. state’s submittals, and the EPA’s
Approval and Disapproval and ADDRESSES: EPA has established a rationale for approval of a portion of the
Promulgation of Air Quality docket for this action under Docket 2008 Pb submittal and disapproval of a
Implementation Plans; Interstate Identification Number EPA–R08–OAR– portion of the 2008 ozone submittal
Transport for Utah 2016–0107. All documents in the docket were all provided in the notice of
are listed on the http:// proposed rulemaking, and will not be
AGENCY: Environmental Protection www.regulations.gov index. Although restated here. The public comment
Agency (EPA). listed in the index, some information period for this proposed rule ended on
ACTION: Final rule. may not be publicly available, e.g., June 9, 2016. The EPA received four
Confidential Business Information or comments on the proposal, which will
SUMMARY: The Environmental Protection be addressed in the ‘‘Response to
other information whose disclosure is
Agency (EPA) is taking final action on Comments’’ section, below.
restricted by statute. Certain other
portions of six submissions from the In the May 10, 2016 proposed action,
material, such as copyrighted material,
State of Utah that are intended to the EPA proposed to disapprove the
will be publicly available only in hard
demonstrate that the State Utah SIP for prongs 1 and 2 of CAA
copy. Publicly available docket
Implementation Plan (SIP) meets certain section 110(a)(2)(D)(i)(I) for the 2008
materials are available either
interstate transport requirements of the ozone NAAQS. In that document, the
electronically through http://
Clean Air Act (Act or CAA). These EPA cited to air quality modeling
www.regulations.gov or in hard copy at
submissions address the 2006 and 2012 conducted to support the promulgation
the Air Program, Environmental
fine particulate matter (PM2.5) National of an update to the Cross-State Air
Protection Agency (EPA), Region 8,
Ambient Air Quality Standards Pollution Rule to address interstate
1595 Wynkoop Street, Denver, Colorado
(NAAQS), 2008 ozone NAAQS, 2008 transport with respect to the 2008 ozone
80202–1129. The EPA requests that you
lead (Pb) NAAQS, 2010 sulfur dioxide NAAQS (CSAPR Update). The air
contact the individual listed in the FOR
(SO2) NAAQS and 2010 nitrogen quality modeling (1) identified locations
FURTHER INFORMATION CONTACT section to
dioxide (NO2) NAAQS. The interstate in the U.S. where the EPA anticipates
view the hard copy of the docket. You
transport requirements under the CAA nonattainment or maintenance issues in
may view the hard copy of the docket
consist of four elements: Significant 2017 for the 2008 ozone NAAQS (these
Monday through Friday, 8:00 a.m. to
jstallworth on DSK7TPTVN1PROD with RULES
contribution to nonattainment (prong 1) are identified as nonattainment and
4:00 p.m., excluding federal holidays.
and interference with maintenance maintenance receptors), and (2)
(prong 2) of the NAAQS in other states; FOR FURTHER INFORMATION CONTACT: quantified the projected contributions
and interference with measures required Adam Clark, Air Program, U.S. from emissions from upwind states to
to be included in the plan for other Environmental Protection Agency, downwind ozone concentrations at the
states to prevent significant Region 8, Mailcode 8P–AR, 1595 nonattainment and maintenance
deterioration of air quality (prong 3) or Wynkoop, Denver, Colorado 80202– receptors in 2017. The document also
VerDate Sep<11>2014 13:39 Oct 18, 2016 Jkt 241001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\19OCR1.SGM 19OCR1](https://thefederalregister.org/doc/81_FR_72190/page/4.svg)
Document Created: 2016-10-19 02:11:44
Document Modified: 2016-10-19 02:11:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on November 18, 2016. | |
| Contact | Crystal Ostigaard, Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202- 1129, (303) 312-6602, [email protected] | |
| FR Citation | 81 FR 71988 | |
| CFR Associated | Environmental 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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