82_FR_32415 82 FR 32282 - Approval and Promulgation of Air Quality Implementation Plans; State of Utah; General Burning Rule Revisions

82 FR 32282 - Approval and Promulgation of Air Quality Implementation Plans; State of Utah; General Burning Rule Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 133 (July 13, 2017)

Page Range32282-32284
FR Document2017-14739

The Environmental Protection Agency (EPA) is proposing approval of State Implementation Plan (SIP) revisions submitted by Utah on January 28, 2013, and July 8, 2015. In the letter accompanying the rule revisions sent to the EPA on July 8, 2015, the Governor stated that no further action is necessary on the January 28, 2013 submittal since it has been superseded. Upon consultation with Utah Department of Air Quality (DAQ) staff, the EPA was informed that this is not accurate. A clarifying letter was sent by the Governor of Utah on June 6, 2017 requesting that the EPA act on both SIP revisions. The submittals request SIP revisions to the State's General Burning rule; a repeal and reenactment of the General Burning rule with changes to applicability, timing, and duration of burning windows, and an amendment to exempt Native American ceremonial burning during restricted burning days.

Federal Register, Volume 82 Issue 133 (Thursday, July 13, 2017)
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Proposed Rules]
[Pages 32282-32284]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14739]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2015-0617; FRL-9964-72-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; General Burning Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of State Implementation Plan (SIP) revisions submitted by Utah 
on January 28, 2013, and July 8, 2015. In the letter accompanying the 
rule revisions sent to the EPA on July 8, 2015, the Governor stated 
that no further action is necessary on the January 28, 2013 submittal 
since it has been superseded. Upon consultation with Utah Department of 
Air Quality (DAQ) staff, the EPA was informed that this is not 
accurate. A clarifying letter was sent by the Governor of Utah on June 
6, 2017 requesting that the EPA act on both SIP revisions. The 
submittals request SIP revisions to the State's General Burning rule; a 
repeal and reenactment of the General Burning rule with changes to 
applicability, timing, and duration of burning windows, and an 
amendment to exempt Native American ceremonial burning during 
restricted burning days.

DATES: Written comments must be received on or before August 14, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2015-0617 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from www.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.

FOR FURTHER INFORMATION CONTACT: Chris Dresser, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6385, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit CBI to the EPA through http://www.regulations.gov or email. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI information on a disk or CD-ROM that you mail to the EPA, 
mark the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register volume, 
date, and page number);
     Follow directions and organize your comments;
     Explain why you agree or disagree;
     Suggest alternatives and substitute language for your 
requested changes;
     Describe any assumptions and provide any technical 
information and/or data that you used;
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced;
     Provide specific examples to illustrate your concerns, and 
suggest alternatives;
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats; and,
     Make sure to submit your comments by the comment period 
deadline identified.

II. Analysis of the State Submittal

    On January 28, 2013, the State of Utah requested that the EPA 
approve a repeal and reenactment of R307-202, Emission Standards: 
General Burning. The rule was changed to add an ``Applicability'' 
section that clarifies that the rule only applies to incorporated 
communities under the authority of a county or municipal fire 
authority. Additionally, the 30-day burning windows allowing the 
burning of material covered under R307-202 were eliminated in the 
amendment because they were a source of localized air quality 
impairment. This request was made by several local fire chiefs with 
support from the Utah State Fire Marshal. Language was also added to 
the rule that states that no person shall burn under R307-202 when the 
director of the Division of Air Quality (DAQ) issues a public 
announcement of a mandatory no-burn period.
    The changes made to R307-202 include the following five amendments:
    (1) Fire marshals were previously permitted to establish a spring 
30-day burn window between March 1 and May 30. The rule amendment 
expanded the spring burning window for the entire period from March 1 
to May 30 for Washington, Kane, San Juan, Iron, Garfield, Beaver, 
Piute, Wayne, Grand, and Emery counties. The burn window was expanded 
because fire marshals reported adverse localized air quality conditions 
within the 30-day burn window because the window was actually 
compressed to a few days where the Clearing Index was over 500. The 
Utah DAQ relies on a metric called the Clearing Index, an Air Quality/
Smoke Dispersal Index, to determine when ventilation and dispersion are 
adequate for general burning and as an

[[Page 32283]]

input for other air quality decisions throughout Utah. Clearing Index 
values below 500 are considered poor ventilation and open burning is 
restricted under these conditions. Expanding the burn period provides 
added days where the Clearing Index is above 500, thereby improving air 
quality during the spring burn period.
    (2) The spring 30-day burn window has been expanded to the entire 
burn window from March 30 to May 30 for the remaining portions of the 
state. The window expansion follows the same rational as item 1 above, 
that serves to improve air quality during spring burning. The calendar 
difference between southern and northern counties (covered in items 1 
and 2, respectively) is due to climatic differences across the state.
    (3) The fall burn window for counties that are in attainment of the 
national ambient air quality standards (NAAQS) for particulate matter 
(PM2.5 and/or PM10) were permitted to burn from 
September 15 to October 30. The burn window has been expanded from 
September 15 to November 15 because the frost dates for those counties 
are later than October 30. This window is however subject to annual 
approval by the State Forester.
    (4) A new fall burn window has been established for counties that 
are in nonattainment for the NAAQS for particulate matter 
(PM2.5 and/or PM10) from September 15 to October 
30. This period is before the inversion season in northern counties. 
The burn window was requested by fire marshals in affected counties. 
This window is however subject to annual approval by the State 
Forester.
    (5) An applicability section was added clarifying that the rule 
applies to general burning within incorporated communities under the 
authority of a county or municipal fire authority. This new section was 
added to address comments received from the State Forester during the 
public comment period held by the State of Utah. The State Forester was 
concerned that the public would be confused regarding who has the 
authority to issue burn permits within different portions of the state. 
While statutory authority has not changed from when the rule was 
initially promulgated, this new section was only added for clarity 
purposes.
    The proposed rule revisions capture Utah's restrictions and 
exemptions for open burning of pollutants to ensure compliance with the 
Clean Air Act (CAA) NAAQS for PM2.5 and PM10 
consistent with 40 CFR part 50. As part of the most recent January 28, 
2013 submittal, Utah DAQ provide a demonstration that the changes made 
to the General Burning rule would not result in adverse air quality 
conditions; consistent with the requirements under Section 110(l) of 
the CAA. The EPA agrees with the analysis completed by Utah and that 
the rule changes submitted on January 28, 2013, will not adversely 
impact air quality. The EPA conducted a further review of the effect of 
an expanded burn window on resulting air quality in nonattainment areas 
and a copy of this analysis is included in the administrative record. 
The additional time periods available for burning include the full 
March 1 to May 30 period and an additional fall burn window of 
September 15 to October 30. Through a review of air quality and 
clearing index data from DAQ's Web site, the EPA finds that although 
elevated 24-hr PM2.5 and PM10 can occur during 
these periods, they do not typically occur on days where the clearing 
index is greater than 500. Elevated PM10 has been measured 
on days within the burn window with a clearing index above 500. 
However, these events are a result of high winds and resulting re-
entrained dust impacting PM10 concentrations, conditions 
under which burn permits would not be issued due to safety concerns. 
Therefore, the EPA finds that it is unlikely burning would occur in the 
expanded burn window on days with elevated PM.
    Additionally, on July 8, 2015, the State of Utah requested further 
revisions to R307-202 (Emission Standards: General Burning) that allows 
Native American tribes to conduct ceremonial burning during restricted 
burning days when conducted by a ``Native American spiritual advisor'' 
as defined by the rule. The Utah DAQ submitted a supplementary analysis 
to the EPA on May 9, 2017 demonstrating that the exemption allowing 
ceremonial burning during restricted burning days would not result in 
adverse air quality conditions consistent with the requirements under 
CAA Section 110(l). The analysis included a calculation of emissions 
associated with the expected frequency of ceremonial burning, volume of 
combustible material, and using the appropriate AP-42 emission factors. 
The emissions for PM2.5 and PM10 associated with 
ceremonial burning were estimated to be 0.012 tons per year. To give 
these values context, from the most recent NEI, emissions of total 
PM10 and PM2.5 for all sources in Salt Lake 
County in 2014 are 18,165 tons and 5,902 tons, respectively. The 
estimated impact of ceremonial burning is therefore less than 0.0001% 
of the total PM inventory, and therefore the EPA finds that this 
exemption would not result in adverse air quality.

III. The EPA's Proposed Action

    The EPA is proposing to approve Utah's January 28, 2013 SIP 
submission, which repeals and reenacts the General Burning provisions 
in R307-202 with the amendments discussed in Section II. Additionally, 
the EPA is proposing approval of Utah's July 8, 2015 revisions, which 
exempts ceremonial burning conducted by a ``Native American spiritual 
advisor'' during restricted burn days.

IV. Statutory and Executive Orders Review

    Under the CAA, 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 CAA. Accordingly, this 
proposed action merely approves state law as meeting federal 
requirements; this proposed action 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 Orders 
12866 (58 FR 51735, Oct. 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 (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

[[Page 32284]]

be inconsistent with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    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).

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 27, 2017.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2017-14739 Filed 7-12-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                   32282                    Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules

                                                   Partial Withdrawal of Proposed                           OAR–2015–0617 at http://                              Register volume, date, and page
                                                   Rulemaking                                               www.regulations.gov. Follow the online                number);
                                                      Accordingly, under the authority of                   instructions for submitting comments.                    • Follow directions and organize your
                                                   26 U.S.C. 7805, the Treasury                             Once submitted, comments cannot be                    comments;
                                                   Department and the IRS withdraw the                      edited or removed from                                   • Explain why you agree or disagree;
                                                                                                            www.regulations.gov. The EPA may                         • Suggest alternatives and substitute
                                                   proposed revisions to § 1.332–2(b) and
                                                                                                            publish any comment received to its                   language for your requested changes;
                                                   (e); the proposed addition of Example 2                                                                           • Describe any assumptions and
                                                   to § 1.332–2(e); the proposed additions                  public docket. Do not submit
                                                                                                            electronically any information you                    provide any technical information and/
                                                   of § 1.351–1(a)(1)(iii) and (a)(1)(iv); the
                                                                                                            consider to be Confidential Business                  or data that you used;
                                                   proposed addition of Example 4 to                                                                                 • If you estimate potential costs or
                                                   § 1.351–1(a)(2); the proposed                            Information (CBI) or other information
                                                                                                            whose disclosure is restricted by statute.            burdens, explain how you arrived at
                                                   amendments to § 1.368–1(a) and (b); the                                                                        your estimate in sufficient detail to
                                                   proposed addition of § 1.368–1(f); and                   Multimedia submissions (audio, video,
                                                                                                            etc.) must be accompanied by a written                allow for it to be reproduced;
                                                   the proposed revision to § 1.368–2(d)(1)                                                                          • Provide specific examples to
                                                   in the notice of proposed rulemaking                     comment. The written comment is
                                                                                                            considered the official comment and                   illustrate your concerns, and suggest
                                                   (REG–163314–03) that was published in                                                                          alternatives;
                                                   the Federal Register (70 FR 11903) on                    should include discussion of all points
                                                                                                            you wish to make. The EPA will                           • Explain your views as clearly as
                                                   March 10, 2005.                                                                                                possible, avoiding the use of profanity
                                                                                                            generally not consider comments or
                                                   Kirsten B. Wielobob,                                     comment contents located outside of the               or personal threats; and,
                                                   Deputy Commissioner of Services and                      primary submission (i.e., on the web,                    • Make sure to submit your
                                                   Enforcement.                                             cloud, or other file sharing system). For             comments by the comment period
                                                   [FR Doc. 2017–14723 Filed 7–12–17; 8:45 am]              additional submission methods, the full               deadline identified.
                                                   BILLING CODE 4830–01–P                                   EPA public comment policy,                            II. Analysis of the State Submittal
                                                                                                            information about CBI or multimedia
                                                                                                                                                                     On January 28, 2013, the State of Utah
                                                                                                            submissions, and general guidance on
                                                                                                                                                                  requested that the EPA approve a repeal
                                                   ENVIRONMENTAL PROTECTION                                 making effective comments, please visit
                                                                                                                                                                  and reenactment of R307–202, Emission
                                                   AGENCY                                                   http://www2.epa.gov/dockets/
                                                                                                                                                                  Standards: General Burning. The rule
                                                                                                            commenting-epa-dockets.
                                                   40 CFR Part 52                                                                                                 was changed to add an ‘‘Applicability’’
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      section that clarifies that the rule only
                                                   [EPA–R08–OAR–2015–0617; FRL–9964–72–                     Chris Dresser, Air Program, U.S.                      applies to incorporated communities
                                                   Region 8]                                                Environmental Protection Agency                       under the authority of a county or
                                                                                                            (EPA), Region 8, Mail Code 8P–AR,                     municipal fire authority. Additionally,
                                                   Approval and Promulgation of Air                         1595 Wynkoop Street, Denver, Colorado
                                                   Quality Implementation Plans; State of                                                                         the 30-day burning windows allowing
                                                                                                            80202–1129, (303) 312–6385,                           the burning of material covered under
                                                   Utah; General Burning Rule Revisions                     dresser.chris@epa.gov.                                R307–202 were eliminated in the
                                                   AGENCY:  Environmental Protection                        SUPPLEMENTARY INFORMATION:                            amendment because they were a source
                                                   Agency (EPA).                                            I. General Information                                of localized air quality impairment. This
                                                   ACTION: Proposed rule.                                                                                         request was made by several local fire
                                                                                                            What should I consider as I prepare my                chiefs with support from the Utah State
                                                   SUMMARY:   The Environmental Protection                  comments for EPA?                                     Fire Marshal. Language was also added
                                                   Agency (EPA) is proposing approval of                       1. Submitting Confidential Business                to the rule that states that no person
                                                   State Implementation Plan (SIP)                          Information (CBI). Do not submit CBI to               shall burn under R307–202 when the
                                                   revisions submitted by Utah on January                   the EPA through http://                               director of the Division of Air Quality
                                                   28, 2013, and July 8, 2015. In the letter                www.regulations.gov or email. Clearly                 (DAQ) issues a public announcement of
                                                   accompanying the rule revisions sent to                  mark the part or all of the information               a mandatory no-burn period.
                                                   the EPA on July 8, 2015, the Governor                    that you claim to be CBI. For CBI                        The changes made to R307–202
                                                   stated that no further action is necessary               information on a disk or CD–ROM that                  include the following five amendments:
                                                   on the January 28, 2013 submittal since                  you mail to the EPA, mark the outside                    (1) Fire marshals were previously
                                                   it has been superseded. Upon                             of the disk or CD–ROM as CBI and then                 permitted to establish a spring 30-day
                                                   consultation with Utah Department of                     identify electronically within the disk or            burn window between March 1 and May
                                                   Air Quality (DAQ) staff, the EPA was                     CD–ROM the specific information that                  30. The rule amendment expanded the
                                                   informed that this is not accurate. A                    is claimed as CBI. In addition to one                 spring burning window for the entire
                                                   clarifying letter was sent by the                        complete version of the comment that                  period from March 1 to May 30 for
                                                   Governor of Utah on June 6, 2017                         includes information claimed as CBI, a                Washington, Kane, San Juan, Iron,
                                                   requesting that the EPA act on both SIP                  copy of the comment that does not                     Garfield, Beaver, Piute, Wayne, Grand,
                                                   revisions. The submittals request SIP                    contain the information claimed as CBI                and Emery counties. The burn window
                                                   revisions to the State’s General Burning                 must be submitted for inclusion in the                was expanded because fire marshals
                                                   rule; a repeal and reenactment of the                    public docket. Information so marked                  reported adverse localized air quality
                                                   General Burning rule with changes to
sradovich on DSK3GMQ082PROD with PROPOSALS2




                                                                                                            will not be disclosed except in                       conditions within the 30-day burn
                                                   applicability, timing, and duration of                   accordance with procedures set forth in               window because the window was
                                                   burning windows, and an amendment to                     40 CFR part 2.                                        actually compressed to a few days
                                                   exempt Native American ceremonial                           2. Tips for preparing your comments.               where the Clearing Index was over 500.
                                                   burning during restricted burning days.                  When submitting comments, remember                    The Utah DAQ relies on a metric called
                                                   DATES: Written comments must be                          to:                                                   the Clearing Index, an Air Quality/
                                                   received on or before August 14, 2017.                      • Identify the rulemaking by docket                Smoke Dispersal Index, to determine
                                                   ADDRESSES: Submit your comments,                         number and other identifying                          when ventilation and dispersion are
                                                   identified by Docket ID No. EPA–R08–                     information (subject heading, Federal                 adequate for general burning and as an


                                              VerDate Sep<11>2014   16:37 Jul 12, 2017   Jkt 241001   PO 00000   Frm 00020   Fmt 4702   Sfmt 4702   E:\FR\FM\13JYP1.SGM   13JYP1


                                                                            Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules                                           32283

                                                   input for other air quality decisions                    demonstration that the changes made to                total PM inventory, and therefore the
                                                   throughout Utah. Clearing Index values                   the General Burning rule would not                    EPA finds that this exemption would
                                                   below 500 are considered poor                            result in adverse air quality conditions;             not result in adverse air quality.
                                                   ventilation and open burning is                          consistent with the requirements under
                                                                                                                                                                  III. The EPA’s Proposed Action
                                                   restricted under these conditions.                       Section 110(l) of the CAA. The EPA
                                                   Expanding the burn period provides                       agrees with the analysis completed by                    The EPA is proposing to approve
                                                   added days where the Clearing Index is                   Utah and that the rule changes                        Utah’s January 28, 2013 SIP submission,
                                                   above 500, thereby improving air quality                 submitted on January 28, 2013, will not               which repeals and reenacts the General
                                                   during the spring burn period.                           adversely impact air quality. The EPA                 Burning provisions in R307–202 with
                                                      (2) The spring 30-day burn window                     conducted a further review of the effect              the amendments discussed in Section II.
                                                   has been expanded to the entire burn                     of an expanded burn window on                         Additionally, the EPA is proposing
                                                   window from March 30 to May 30 for                       resulting air quality in nonattainment                approval of Utah’s July 8, 2015
                                                   the remaining portions of the state. The                 areas and a copy of this analysis is                  revisions, which exempts ceremonial
                                                   window expansion follows the same                        included in the administrative record.                burning conducted by a ‘‘Native
                                                   rational as item 1 above, that serves to                 The additional time periods available                 American spiritual advisor’’ during
                                                   improve air quality during spring                        for burning include the full March 1 to               restricted burn days.
                                                   burning. The calendar difference                         May 30 period and an additional fall
                                                   between southern and northern counties                                                                         IV. Statutory and Executive Orders
                                                                                                            burn window of September 15 to                        Review
                                                   (covered in items 1 and 2, respectively)                 October 30. Through a review of air
                                                   is due to climatic differences across the                quality and clearing index data from                     Under the CAA, the Administrator is
                                                   state.                                                   DAQ’s Web site, the EPA finds that                    required to approve a SIP submission
                                                      (3) The fall burn window for counties                 although elevated 24-hr PM2.5 and PM10                that complies with the provisions of the
                                                   that are in attainment of the national                   can occur during these periods, they do               Act and applicable federal regulations
                                                   ambient air quality standards (NAAQS)                    not typically occur on days where the                 (42 U.S.C. 7410(k), 40 CFR 52.02(a)).
                                                   for particulate matter (PM2.5 and/or                     clearing index is greater than 500.                   Thus, in reviewing SIP submissions, the
                                                   PM10) were permitted to burn from                        Elevated PM10 has been measured on                    EPA’s role is to approve state choices,
                                                   September 15 to October 30. The burn                     days within the burn window with a                    provided that they meet the criteria of
                                                   window has been expanded from                            clearing index above 500. However,                    the CAA. Accordingly, this proposed
                                                   September 15 to November 15 because                      these events are a result of high winds               action merely approves state law as
                                                   the frost dates for those counties are                   and resulting re-entrained dust                       meeting federal requirements; this
                                                   later than October 30. This window is                    impacting PM10 concentrations,                        proposed action does not impose
                                                   however subject to annual approval by                    conditions under which burn permits                   additional requirements beyond those
                                                   the State Forester.                                                                                            imposed by state law. For that reason,
                                                                                                            would not be issued due to safety
                                                      (4) A new fall burn window has been                                                                         this proposed action:
                                                                                                            concerns. Therefore, the EPA finds that
                                                   established for counties that are in
                                                                                                            it is unlikely burning would occur in                    • Is not a ‘‘significant regulatory
                                                   nonattainment for the NAAQS for                                                                                action’’ subject to review by the Office
                                                   particulate matter (PM2.5 and/or PM10)                   the expanded burn window on days
                                                                                                            with elevated PM.                                     of Management and Budget under
                                                   from September 15 to October 30. This                                                                          Executive Orders 12866 (58 FR 51735,
                                                   period is before the inversion season in                    Additionally, on July 8, 2015, the                 Oct. 4, 1993);
                                                   northern counties. The burn window                       State of Utah requested further revisions                • Does not impose an information
                                                   was requested by fire marshals in                        to R307–202 (Emission Standards:                      collection burden under the provisions
                                                   affected counties. This window is                        General Burning) that allows Native                   of the Paperwork Reduction Act (44
                                                   however subject to annual approval by                    American tribes to conduct ceremonial                 U.S.C. 3501 et seq.);
                                                   the State Forester.                                      burning during restricted burning days                   • Is certified as not having a
                                                      (5) An applicability section was                      when conducted by a ‘‘Native American                 significant economic impact on a
                                                   added clarifying that the rule applies to                spiritual advisor’’ as defined by the rule.           substantial number of small entities
                                                   general burning within incorporated                      The Utah DAQ submitted a                              under the Regulatory Flexibility Act (5
                                                   communities under the authority of a                     supplementary analysis to the EPA on                  U.S.C. 601 et seq.);
                                                   county or municipal fire authority. This                 May 9, 2017 demonstrating that the                       • Does not contain any unfunded
                                                   new section was added to address                         exemption allowing ceremonial burning                 mandate or significantly or uniquely
                                                   comments received from the State                         during restricted burning days would                  affect small governments, as described
                                                   Forester during the public comment                       not result in adverse air quality                     in the Unfunded Mandates Reform Act
                                                   period held by the State of Utah. The                    conditions consistent with the                        of 1995 (Pub. L. 104–4);
                                                   State Forester was concerned that the                    requirements under CAA Section 110(l).                   • Does not have federalism
                                                   public would be confused regarding                       The analysis included a calculation of                implications as specified in Executive
                                                   who has the authority to issue burn                      emissions associated with the expected                Order 13132 (64 FR 43255, August 10,
                                                   permits within different portions of the                 frequency of ceremonial burning,                      1999);
                                                   state. While statutory authority has not                 volume of combustible material, and                      • Is not an economically significant
                                                   changed from when the rule was                           using the appropriate AP–42 emission                  regulatory action based on health or
                                                   initially promulgated, this new section                  factors. The emissions for PM2.5 and                  safety risks subject to Executive Order
sradovich on DSK3GMQ082PROD with PROPOSALS2




                                                   was only added for clarity purposes.                     PM10 associated with ceremonial                       13045 (62 FR 19885, April 23, 1997);
                                                      The proposed rule revisions capture                   burning were estimated to be 0.012 tons                  • Is not a significant regulatory action
                                                   Utah’s restrictions and exemptions for                   per year. To give these values context,               subject to Executive Order 13211 (66 FR
                                                   open burning of pollutants to ensure                     from the most recent NEI, emissions of                28355, May 22, 2001);
                                                   compliance with the Clean Air Act                        total PM10 and PM2.5 for all sources in                  • Is not subject to requirements of
                                                   (CAA) NAAQS for PM2.5 and PM10                           Salt Lake County in 2014 are 18,165                   Section 12(d) of the National
                                                   consistent with 40 CFR part 50. As part                  tons and 5,902 tons, respectively. The                Technology Transfer and Advancement
                                                   of the most recent January 28, 2013                      estimated impact of ceremonial burning                Act of 1995 (15 U.S.C. 272 note) because
                                                   submittal, Utah DAQ provide a                            is therefore less than 0.0001% of the                 application of those requirements would


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                                                   32284                    Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules

                                                   be inconsistent with the Clean Air Act;                  the Entergy White Bluff Plant (White                  the index, some information may be
                                                   and                                                      Bluff) Units 1 and 2, the Entergy                     publicly available only at the hard copy
                                                      • Does not provide the EPA with the                   Independence Plant (Independence)                     location (e.g., copyrighted material), and
                                                   discretionary authority to address, as                   Units 1 and 2, and the American                       some may not be publicly available at
                                                   appropriate, disproportionate human                      Electric Power (AEP) Flint Creek Unit 1.              either location (e.g., CBI).
                                                   health or environmental effects, using                   EPA is proposing to extend the                           Hearing location: Arkansas Public
                                                   practicable and legally permissible                      compliance dates for the NOX emission                 Service Commission, Public Service
                                                   methods, under Executive Order 12898                     limits for these five electric generating             Commission Building, 1000 Center
                                                   (59 FR 7629, February 16, 1994).                         units (EGUs) by 21 months to January                  Street, Little Rock, Arkansas 72201–
                                                      The SIP is not approved to apply on                   27, 2020.                                             4314.
                                                   any Indian reservation land or in any                    DATES: Comments: Comments must be                        The public hearing will provide
                                                   other area where the EPA or an Indian                    received on or before September 22,                   interested parties the opportunity to
                                                   tribe has demonstrated that a tribe has                  2017.                                                 present information and opinions to us
                                                   jurisdiction. In those areas of Indian                      Public Hearing: We are holding an                  concerning our proposal. Interested
                                                   country, the rule does not have tribal                   information session—for the purpose of                parties may also submit written
                                                   implications and will not impose                         providing additional information and                  comments, as discussed in the proposal.
                                                   substantial direct costs on tribal                       informal discussion for our proposal,                 Written statements and supporting
                                                   governments or preempt tribal law as                     and a public hearing—to accept oral                   information submitted during the
                                                   specified by Executive Order 13175 (65                   comments into the record, as follows:                 comment period will be considered
                                                   FR 67249, November 9, 2000).                                Date: Wednesday, August 23, 2017                   with the same weight as any oral
                                                                                                               Time: Information Session: 2:00 p.m.–              comments and supporting information
                                                   List of Subjects in 40 CFR Part 52
                                                                                                            2:45 p.m.                                             presented at the public hearing. We will
                                                     Environmental protection, Air                             Public hearing: 3:00 p.m.–7:00 p.m.                not respond to comments during the
                                                   pollution control, Carbon monoxide,                      (including break from 5:00 p.m.–5:30                  public hearings. When we publish our
                                                   Incorporation by reference,                              p.m.)                                                 final action, we will provide written
                                                   Intergovernmental relations, Lead,                          Please see the ADDRESSES section for               responses to all significant oral and
                                                   Nitrogen dioxide, Ozone, Particulate                     the location of the hearing in North                  written comments received on our
                                                   matter, Reporting and recordkeeping                      Little Rock, AR.                                      proposal. To provide opportunities for
                                                   requirements.                                            ADDRESSES: Submit your comments,                      questions and discussion, we will hold
                                                      Authority: 42 U.S.C. 7401 et seq.                     identified by Docket No. EPA–R06–                     an information session prior to the
                                                                                                            OAR–2015–0189, at http://                             public hearing. During the information
                                                     Dated: June 27, 2017.
                                                                                                            www.regulations.gov or via email to                   session, EPA staff will be available to
                                                   Debra H. Thomas,                                                                                               informally answer questions on our
                                                                                                            R6AIR_ARHaze@epa.gov. Follow the
                                                   Acting Regional Administrator, Region 8.                                                                       proposed action. Any comments made
                                                                                                            online instructions for submitting
                                                   [FR Doc. 2017–14739 Filed 7–12–17; 8:45 am]                                                                    to EPA staff during an information
                                                                                                            comments. Once submitted, comments
                                                   BILLING CODE 6560–50–P
                                                                                                            cannot be edited or removed from                      session must still be provided orally
                                                                                                            Regulations.gov. The EPA may publish                  during the public hearing, or formally in
                                                                                                            any comment received to its public                    writing within 30 days after completion
                                                   ENVIRONMENTAL PROTECTION                                                                                       of the hearings, in order to be
                                                                                                            docket. Do not submit electronically any
                                                   AGENCY                                                                                                         considered in the record. At the public
                                                                                                            information you consider to be
                                                                                                            Confidential Business Information (CBI)               hearings, the hearing officer may limit
                                                   40 CFR Part 52                                                                                                 the time available for each commenter
                                                                                                            or other information whose disclosure is
                                                   [EPA–R06–OAR–2015–0189; FRL–9964–52–                     restricted by statute. Multimedia                     to address the proposal to three minutes
                                                   Region 6]                                                submissions (audio, video, etc.) must be              or less if the hearing officer determines
                                                                                                            accompanied by a written comment.                     it to be appropriate. We will not be
                                                   Promulgation of Air Quality                                                                                    providing equipment for commenters to
                                                                                                            The written comment is considered the
                                                   Implementation Plans; State of                                                                                 show overhead slides or make
                                                                                                            official comment and should include
                                                   Arkansas; Regional Haze and                                                                                    computerized slide presentations. Any
                                                                                                            discussion of all points you wish to
                                                   Interstate Visibility Transport Federal                                                                        person may provide written or oral
                                                                                                            make. The EPA will generally not
                                                   Implementation Plan; Revision of                                                                               comments and data pertaining to our
                                                                                                            consider comments or comment
                                                   Federal Implementation Plan                                                                                    proposal at the public hearings.
                                                                                                            contents located outside of the primary
                                                   AGENCY:  Environmental Protection                        submission (i.e. on the web, cloud, or                Verbatim English language transcripts of
                                                   Agency (EPA).                                            other file sharing system). For                       the hearing and written statements will
                                                                                                            additional submission methods, please                 be included in the rulemaking docket.
                                                   ACTION: Proposed rule.
                                                                                                            contact Dayana Medina, (214) 665–7241;                FOR FURTHER INFORMATION CONTACT:
                                                   SUMMARY:   The Environmental Protection                  medina.dayana@epa.gov. For the full                   Dayana Medina, (214) 665–7241;
                                                   Agency (EPA) is proposing to revise the                  EPA public comment policy,                            medina.dayana@epa.gov.
                                                   Federal Implementation Plan (FIP) that                   information about CBI or multimedia                   SUPPLEMENTARY INFORMATION:
                                                   was published in the Federal Register                    submissions, and general guidance on                  Throughout this document wherever
sradovich on DSK3GMQ082PROD with PROPOSALS2




                                                   on September 27, 2016, to address                        making effective comments, please visit               ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                   certain regional haze and visibility                     http://www2.epa.gov/dockets/                          the EPA.
                                                   transport requirements under the                         commenting-epa-dockets.
                                                   Federal Clean Air Act (the Act, or CAA)                     Docket: The index to the docket for                I. Background
                                                   for the State of Arkansas. The specific                  this action is available electronically at               On September 27, 2016, we published
                                                   portions of the Arkansas Regional Haze                   www.regulations.gov and in hard copy                  a rule titled ‘‘Promulgation of Air
                                                   FIP that the EPA is proposing to revise                  at the EPA Region 6, 1445 Ross Avenue,                Quality Implementation Plans; State of
                                                   are the compliance dates for the                         Suite 700, Dallas, Texas. While all                   Arkansas; Regional Haze and Interstate
                                                   nitrogen oxide (NOX) emission limits for                 documents in the docket are listed in                 Visibility Transport Federal


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Document Created: 2017-07-13 01:00:51
Document Modified: 2017-07-13 01:00:51
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 August 14, 2017.
ContactChris Dresser, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6385, [email protected]
FR Citation82 FR 32282 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter and Reporting and Recordkeeping Requirements

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