82_FR_32651 82 FR 32517 - Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Revisions to Ozone Offset Requirements in Davis and Salt Lake Counties

82 FR 32517 - Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Revisions to Ozone Offset Requirements in Davis and Salt Lake Counties

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 134 (July 14, 2017)

Page Range32517-32519
FR Document2017-14732

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Utah on August 20, 2013, and on June 29, 2017. The submittals revise the portions of the Utah Administrative Code (UAC) that pertain to offset requirements in Davis and Salt Lake Counties for major sources. This action is being taken under section 110 of the Clean Air Act (CAA) (Act).

Federal Register, Volume 82 Issue 134 (Friday, July 14, 2017)
[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Proposed Rules]
[Pages 32517-32519]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14732]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2016-0620; FRL-9964-83-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Revisions to Ozone Offset Requirements in Davis and Salt 
Lake Counties

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
State of Utah on August 20, 2013, and on June 29, 2017. The submittals 
revise the portions of the Utah Administrative Code (UAC) that pertain 
to offset requirements in Davis and Salt Lake Counties for major 
sources. This action is being taken under section 110 of the Clean Air 
Act (CAA) (Act).

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

ADDRESSES: Submit your comments, identified by EPA-R08-OAR-2016-0620 at 
https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

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

    a. Submitting Confidential Business Information (CBI). Do not 
submit CBI to EPA through https://www.regulations.gov or email. Clearly 
mark the part or all of the information that you claim to be CBI. For 
CBI information in a disk or CD ROM that you mail to 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.
    b. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

    On August 20, 2013, with supporting administrative documentation 
submitted on September 12, 2013, Utah sent the EPA revisions to their 
nonattainment permitting regulations, specifically to address EPA 
identified deficiencies in their nonattainment permitting regulations 
that affected the EPA's ability to approve Utah's PM10 
maintenance plan and that may affect the EPA's ability to approve 
Utah's PM2.5 SIP. These revisions addressed R307-403-1 
(Purpose and Definitions), R307-403-2 (Applicability), R307-403-11 
(Actual Plant-wide Applicability Limits (PALs)), and R307-420 (Ozone 
Offset Requirements in Davis and Salt Lake Counties). On June 2, 2016, 
the EPA entered into a consent decree with the Center for Biological 
Diversity, Center for Environmental Health, and Neighbors for Clean Air 
regarding a failure to act, pursuant to CAA sections 110(k)(2)-(4), on 
certain complete SIP submissions from states intended to address 
specific requirements related to the 2006 PM2.5 NAAQS for 
certain nonattainment areas, including the submittal from the Governor 
of Utah dated August 20, 2013.
    On February 3, 2017, the EPA published a final rulemaking (82 FR 
9138) to conditionally approve the revisions in Utah's August 20, 2013 
submittal, except for the revisions to R307-420. The submittal did not 
contain the appropriate supporting documentation required for the EPA 
to take action on R307-420. As a result, the EPA requested an extension 
for taking action on R307-420, and on December 20, 2016, the EPA was

[[Page 32518]]

granted an extension which moved the deadline for taking final action 
on R307-420 from January 3, 2017, to September 29, 2017 (See docket). 
Utah submitted on June 29, 2017 an additional SIP revision that 
addresses the lack of appropriate supporting documentation for R307-
420.

III. Proposed Action

    The EPA is proposing to approve Utah's revisions to R307-420 and 
R307-403-6, as submitted on August 20, 2013, and June 29, 2017. R307-
420 maintains the offset provisions of the nonattainment area new 
source review (NNSR) permitting program in Salt Lake and Davis Counties 
after the area is re-designated to attainment for ozone. R307-420 also 
establishes more stringent offset requirements for nitrogen oxides that 
may be triggered as a contingency measure under Utah's ozone 
maintenance plan. R307-420 was also modified to include the definitions 
and applicability provisions of R307-403 (Permits: New and Modified 
Sources in Nonattainment Areas and Maintenance Areas) to ensure that 
the definitions and applicability provisions in R307-420 are consistent 
with related permitting rules in R307-403. Finally, the revisions to 
R307-403-6 reflect the move of the maintenance offset provisions from 
R307-403 to R307-420. The EPA is proposing to approve these revisions 
after determining that these revisions are in compliance with federal 
statutes and regulations.
    The EPA first approved the offset provisions for maintenance of the 
ozone standards in Salt Lake and Davis Counties on May 5, 1995 (60 FR 
22277), as part of an action on a Utah submittal updating the NNSR 
program. At that time, the offset provisions were in R307-1-3.3.3.C. 
R307-1-3.3.3.C applied an offset ratio of 1.15:1 for new major sources 
and major modifications in any ozone nonattainment area, but also in 
Salt Lake and Davis Counties after redesignation to attainment. See 60 
FR 22280/3. The submittal, in R307-1-3.1.10, also applied alternative 
siting analysis requirements to apply to new major sources and major 
modifications in Salt Lake and Davis Counties after redesignation.
    On July 17, 1997 (62 FR 38213), the EPA approved Utah's maintenance 
plan and redesignation request for Salt Lake and Davis Counties. As 
part of that action, we approved a revision to R307-1-3.3.3.C that 
added a contingency measure for Salt Lake and Davis Counties. 62 FR 
38215/2. The contingency measure, if triggered, would increase the 
offset ratio to 1.2:1. 62 FR 28406/1 (May 23, 1997) (proposal).
    Subsequently, Utah undertook a complete recodification of their air 
rules. The NNSR rules in R307-1-3, including the ozone maintenance 
provisions, were moved to R307-403. The offset and contingency measure 
provisions in R307-1-3.3.3.C were moved to R307-403-6, and the 
alternative siting analysis requirements were moved to R307-403-8. The 
EPA approved most of the recodification, including all of R307-403, on 
February 14, 2006 (71 FR 7679).
    The alternative siting analysis requirements in R307-403-8 were 
subsequently moved to R307-401-19, approved by the EPA on February 6, 
2014 (79 FR 7072), and then again to R307-403-10, approved by the EPA 
on February 3, 2017 (82 FR 9138) as part of the action discussed above. 
This portion of the SIP is up to date with all Utah rule revisions and 
submittals.
    Separately, in 1999 Utah moved the ozone maintenance plan 
provisions for Salt Lake and Davis Counties (i.e. the ozone offset 
maintenance provisions and contingency measure provisions) from R307-
403-6 to a new section of the UAC, R307-420. As part of this change, 
Utah added the relevant definitions from the NNSR program to the 
maintenance plan provisions. By separating the maintenance provisions 
from the NNSR program, this change improved the clarity of the 
maintenance provisions, particularly with regard to applicability in 
Salt Lake and Davis Counties. Correspondingly, Utah removed the 
maintenance plan language from R307-403-6. However, Utah did not submit 
these changes as a SIP revision.
    Then, on August 20, 2013, Utah submitted revisions to the 
definitions in the NNSR program that addressed certain deficiencies. 
Utah also submitted revisions to the corresponding definitions in R307-
420. As the EPA had not received the 1999 rulemaking that created R307-
420 as a SIP submittal, we were unable to take action on the revisions 
to R307-420.
    Utah's June 29, 2017 submittal addresses this issue by submitting 
the 1999 rule revisions that created R307-420 and modified R307-403-6. 
As these rule revisions preserve the ozone maintenance plan 
requirements for offsets and contingency measures in Salt Lake and 
Davis Counties while improving the clarity of those requirements, we 
propose to approve the revisions.
    We also propose to approve the subsequent revisions to R307-420, 
submitted on August 20, 2013, that Utah promulgated to ensure that the 
definitions and applicability provisions in R307-420 are consistent 
with related permitting rules in R307-403. For the reasons explained in 
our February 3, 2017 notice, the definitions and applicability 
provisions in R307-403 are consistent with requirements for NNSR 
programs found in 40 CFR 51.165. While R307-420 is part of the ozone 
maintenance plan for Salt Lake and Davis Counties and not part of the 
NNSR program, and therefore not directly subject to the requirements in 
40 CFR 51.165, we view the corresponding revisions to the definitions 
and applicability provisions as strengthening the maintenance plan.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the UDAQ rules promulgated in the DAR, R307-400 Series as 
discussed in section III of this preamble. The EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region 8 Office (please contact 
the person identified in the For Further Information Contact section of 
this preamble for more information).

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 proposes to approve state law as 
meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);

[[Page 32519]]

     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
proposed rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 30, 2017.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2017-14732 Filed 7-13-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                               Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Proposed Rules                                          32517

                                                    applicable, for each recommendation. If the              0620 at https://www.regulations.gov.                     ii. Follow directions—The agency
                                                    data is not readily available, the Committee             Follow the online instructions for                    may ask you to respond to specific
                                                    should include information as to how such                submitting comments. Once submitted,                  questions or organize comments by
                                                    information can be obtained either by the                comments cannot be edited or removed                  referencing a Code of Federal
                                                    Committee or directly by the Coast Guard.
                                                                                                             from www.regulations.gov. The EPA                     Regulations (CFR) part or section
                                                    Public Participation                                     may publish any comment received to                   number.
                                                                                                             its public docket. Do not submit                         iii. Explain why you agree or disagree;
                                                      All meetings associated with this
                                                                                                             electronically any information you                    suggest alternatives and substitute
                                                    tasking, both full Committee meetings
                                                                                                             consider to be Confidential Business                  language for your requested changes.
                                                    and subcommittee/working groups, are                                                                              iv. Describe any assumptions and
                                                                                                             Information (CBI) or other information
                                                    open to the public. A public oral                                                                              provide any technical information and/
                                                                                                             whose disclosure is restricted by statute.
                                                    comment period will be held during the                                                                         or data that you used.
                                                                                                             Multimedia submissions (audio, video,
                                                    August 2, 2017, teleconference. Public                                                                            v. If you estimate potential costs or
                                                                                                             etc.) must be accompanied by a written
                                                    comments or questions will be taken at                                                                         burdens, explain how you arrived at
                                                                                                             comment. The written comment is
                                                    the discretion of the Designated Federal                                                                       your estimate in sufficient detail to
                                                                                                             considered the official comment and
                                                    Officer; commenters are requested to                     should include discussion of all points               allow for it to be reproduced.
                                                    limit their comments to 3 minutes.                       you wish to make. The EPA will                           vi. Provide specific examples to
                                                    Please contact the individual listed in                  generally not consider comments or                    illustrate your concerns, and suggest
                                                    the FOR FURTHER INFORMATION CONTACT                      comment contents located outside of the               alternatives.
                                                    section, to register as a commenter.                     primary submission (i.e., on the web,                    vii. Explain your views as clearly as
                                                    Subcommittee meetings held in                            cloud, or other file sharing system). For             possible, avoiding the use of profanity
                                                    association with this tasking will be                    additional submission methods, the full               or personal threats.
                                                    announced as they are scheduled                          EPA public comment policy,                               viii. Make sure to submit your
                                                    through notices posted to http://                        information about CBI or multimedia                   comments by the comment period
                                                    homeport.uscg.mil/CTAC and uploaded                      submissions, and general guidance on                  deadline identified.
                                                    as supporting documents in the                           making effective comments, please visit
                                                    electronic docket for this action,                                                                             II. Background
                                                                                                             https://www2.epa.gov/dockets/                            On August 20, 2013, with supporting
                                                    [USCG–2017–0657], at Regulations.gov.                    commenting-epa-dockets.                               administrative documentation
                                                    J.G. Lantz,                                              FOR FURTHER INFORMATION CONTACT:                      submitted on September 12, 2013, Utah
                                                    Director of Commercial Regulations and                   Kevin Leone, Air Program, U.S.                        sent the EPA revisions to their
                                                    Standards.                                               Environmental Protection Agency                       nonattainment permitting regulations,
                                                    [FR Doc. 2017–14768 Filed 7–13–17; 8:45 am]              (EPA), Region 8, Mailcode 8P–AR, 1595                 specifically to address EPA identified
                                                    BILLING CODE 9110–04–P                                   Wynkoop Street, Denver, Colorado                      deficiencies in their nonattainment
                                                                                                             80202–1129, (303) 312–6227,                           permitting regulations that affected the
                                                                                                             leone.kevin@epa.gov.                                  EPA’s ability to approve Utah’s PM10
                                                    ENVIRONMENTAL PROTECTION                                 SUPPLEMENTARY INFORMATION:                            maintenance plan and that may affect
                                                    AGENCY                                                   I. General Information                                the EPA’s ability to approve Utah’s
                                                                                                                                                                   PM2.5 SIP. These revisions addressed
                                                    40 CFR Part 52                                           What should I consider as I prepare my                R307–403–1 (Purpose and Definitions),
                                                                                                             comments for the EPA?                                 R307–403–2 (Applicability), R307–403–
                                                    [EPA–R08–OAR–2016–0620; FRL–9964–83–
                                                    Region 8]                                                  a. Submitting Confidential Business                 11 (Actual Plant-wide Applicability
                                                                                                             Information (CBI). Do not submit CBI to               Limits (PALs)), and R307–420 (Ozone
                                                    Approval and Promulgation of Air                         EPA through https://                                  Offset Requirements in Davis and Salt
                                                    Quality Implementation Plans; State of                   www.regulations.gov or email. Clearly                 Lake Counties). On June 2, 2016, the
                                                    Utah; Revisions to Ozone Offset                          mark the part or all of the information               EPA entered into a consent decree with
                                                    Requirements in Davis and Salt Lake                      that you claim to be CBI. For CBI                     the Center for Biological Diversity,
                                                    Counties                                                 information in a disk or CD ROM that                  Center for Environmental Health, and
                                                                                                             you mail to the EPA, mark the outside                 Neighbors for Clean Air regarding a
                                                    AGENCY:  Environmental Protection                                                                              failure to act, pursuant to CAA sections
                                                                                                             of the disk or CD ROM as CBI and then
                                                    Agency (EPA).                                                                                                  110(k)(2)–(4), on certain complete SIP
                                                                                                             identify electronically within the disk or
                                                    ACTION: Proposed rule.                                   CD ROM the specific information that is               submissions from states intended to
                                                                                                             claimed as CBI. In addition to one                    address specific requirements related to
                                                    SUMMARY:   The Environmental Protection
                                                                                                             complete version of the comment that                  the 2006 PM2.5 NAAQS for certain
                                                    Agency (EPA) is proposing to approve
                                                                                                             includes information claimed as CBI, a                nonattainment areas, including the
                                                    State Implementation Plan (SIP)
                                                                                                             copy of the comment that does not                     submittal from the Governor of Utah
                                                    revisions submitted by the State of Utah
                                                                                                             contain the information claimed as CBI                dated August 20, 2013.
                                                    on August 20, 2013, and on June 29,                                                                               On February 3, 2017, the EPA
                                                    2017. The submittals revise the portions                 must be submitted for inclusion in the
                                                                                                             public docket. Information so marked                  published a final rulemaking (82 FR
                                                    of the Utah Administrative Code (UAC)                                                                          9138) to conditionally approve the
                                                    that pertain to offset requirements in                   will not be disclosed except in
                                                                                                             accordance with procedures set forth in               revisions in Utah’s August 20, 2013
mstockstill on DSK30JT082PROD with PROPOSALS




                                                    Davis and Salt Lake Counties for major                                                                         submittal, except for the revisions to
                                                    sources. This action is being taken                      40 CFR part 2.
                                                                                                               b. Tips for Preparing Your Comments.                R307–420. The submittal did not
                                                    under section 110 of the Clean Air Act                                                                         contain the appropriate supporting
                                                                                                             When submitting comments, remember
                                                    (CAA) (Act).                                                                                                   documentation required for the EPA to
                                                                                                             to:
                                                    DATES: Written comments must be                            i. Identify the rulemaking by docket                take action on R307–420. As a result,
                                                    received on or before August 14, 2017.                   number and other identifying                          the EPA requested an extension for
                                                    ADDRESSES: Submit your comments,                         information (subject heading, Federal                 taking action on R307–420, and on
                                                    identified by EPA–R08–OAR–2016–                          Register date and page number).                       December 20, 2016, the EPA was


                                               VerDate Sep<11>2014   17:18 Jul 13, 2017   Jkt 241001   PO 00000   Frm 00025   Fmt 4702   Sfmt 4702   E:\FR\FM\14JYP1.SGM   14JYP1


                                                    32518                      Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Proposed Rules

                                                    granted an extension which moved the      62 FR 28406/1 (May 23, 1997)                                         promulgated to ensure that the
                                                    deadline for taking final action on       (proposal).                                                          definitions and applicability provisions
                                                    R307–420 from January 3, 2017, to            Subsequently, Utah undertook a                                    in R307–420 are consistent with related
                                                    September 29, 2017 (See docket). Utah     complete recodification of their air                                 permitting rules in R307–403. For the
                                                    submitted on June 29, 2017 an             rules. The NNSR rules in R307–1–3,                                   reasons explained in our February 3,
                                                    additional SIP revision that addresses    including the ozone maintenance                                      2017 notice, the definitions and
                                                    the lack of appropriate supporting        provisions, were moved to R307–403.                                  applicability provisions in R307–403 are
                                                    documentation for R307–420.               The offset and contingency measure                                   consistent with requirements for NNSR
                                                                                              provisions in R307–1–3.3.3.C were                                    programs found in 40 CFR 51.165.
                                                    III. Proposed Action                      moved to R307–403–6, and the                                         While R307–420 is part of the ozone
                                                       The EPA is proposing to approve        alternative siting analysis requirements                             maintenance plan for Salt Lake and
                                                    Utah’s revisions to R307–420 and R307– were moved to R307–403–8. The EPA                                       Davis Counties and not part of the
                                                    403–6, as submitted on August 20, 2013, approved most of the recodification,                                   NNSR program, and therefore not
                                                    and June 29, 2017. R307–420 maintains     including all of R307–403, on February                               directly subject to the requirements in
                                                    the offset provisions of the              14, 2006 (71 FR 7679).                                               40 CFR 51.165, we view the
                                                    nonattainment area new source review         The alternative siting analysis                                   corresponding revisions to the
                                                    (NNSR) permitting program in Salt Lake requirements in R307–403–8 were                                         definitions and applicability provisions
                                                    and Davis Counties after the area is re-  subsequently moved to R307–401–19,                                   as strengthening the maintenance plan.
                                                    designated to attainment for ozone.       approved by the EPA on February 6,
                                                                                              2014 (79 FR 7072), and then again to                                 IV. Incorporation by Reference
                                                    R307–420 also establishes more
                                                    stringent offset requirements for         R307–403–10, approved by the EPA on                                    In this rule, the EPA is proposing to
                                                    nitrogen oxides that may be triggered as February 3, 2017 (82 FR 9138) as part                                 include in a final EPA rule regulatory
                                                    a contingency measure under Utah’s        of the action discussed above. This                                  text that includes incorporation by
                                                    ozone maintenance plan. R307–420 was portion of the SIP is up to date with all                                 reference. In accordance with
                                                    also modified to include the definitions Utah rule revisions and submittals.                                   requirements of 1 CFR 51.5, the EPA is
                                                                                                 Separately, in 1999 Utah moved the                                proposing to incorporate by reference
                                                    and applicability provisions of R307–
                                                                                              ozone maintenance plan provisions for                                the UDAQ rules promulgated in the
                                                    403 (Permits: New and Modified
                                                                                              Salt Lake and Davis Counties (i.e. the
                                                    Sources in Nonattainment Areas and                                                                             DAR, R307–400 Series as discussed in
                                                                                              ozone offset maintenance provisions
                                                    Maintenance Areas) to ensure that the                                                                          section III of this preamble. The EPA
                                                                                              and contingency measure provisions)
                                                    definitions and applicability provisions                                                                       has made, and will continue to make,
                                                                                              from R307–403–6 to a new section of
                                                    in R307–420 are consistent with related                                                                        these materials generally available
                                                                                              the UAC, R307–420. As part of this
                                                    permitting rules in R307–403. Finally,                                                                         through www.regulations.gov and/or at
                                                                                              change, Utah added the relevant
                                                    the revisions to R307–403–6 reflect the                                                                        the EPA Region 8 Office (please contact
                                                                                              definitions from the NNSR program to
                                                    move of the maintenance offset                                                                                 the person identified in the FOR FURTHER
                                                                                              the maintenance plan provisions. By
                                                    provisions from R307–403 to R307–420. separating the maintenance provisions                                    INFORMATION CONTACT section of this
                                                    The EPA is proposing to approve these                                                                          preamble for more information).
                                                                                              from the NNSR program, this change
                                                    revisions after determining that these    improved the clarity of the maintenance                              V. Statutory and Executive Order
                                                    revisions are in compliance with federal provisions, particularly with regard to
                                                                                                                                                                   Reviews
                                                    statutes and regulations.                 applicability in Salt Lake and Davis
                                                       The EPA first approved the offset                                                                             Under the Clean Air Act, the
                                                                                              Counties. Correspondingly, Utah
                                                    provisions for maintenance of the ozone removed the maintenance plan language                                  Administrator is required to approve a
                                                    standards in Salt Lake and Davis                                                                               SIP submission that complies with the
                                                                                              from R307–403–6. However, Utah did
                                                    Counties on May 5, 1995 (60 FR 22277), not submit these changes as a SIP                                       provisions of the Act and applicable
                                                    as part of an action on a Utah submittal                                                                       federal regulations. 42 U.S.C. 7410(k);
                                                                                              revision.
                                                    updating the NNSR program. At that           Then, on August 20, 2013, Utah                                    40 CFR 52.02(a). Thus, in reviewing SIP
                                                    time, the offset provisions were in       submitted revisions to the definitions in                            submissions, the EPA’s role is to
                                                    R307–1–3.3.3.C. R307–1–3.3.3.C applied the NNSR program that addressed                                         approve state choices, provided that
                                                    an offset ratio of 1.15:1 for new major   certain deficiencies. Utah also                                      they meet the criteria of the Clean Air
                                                    sources and major modifications in any    submitted revisions to the                                           Act. Accordingly, this action merely
                                                    ozone nonattainment area, but also in     corresponding definitions in R307–420.                               proposes to approve state law as
                                                    Salt Lake and Davis Counties after        As the EPA had not received the 1999                                 meeting federal requirements and does
                                                    redesignation to attainment. See 60 FR    rulemaking that created R307–420 as a                                not impose additional requirements
                                                    22280/3. The submittal, in R307–1–        SIP submittal, we were unable to take                                beyond those imposed by state law. For
                                                    3.1.10, also applied alternative siting   action on the revisions to R307–420.                                 that reason, this proposed action:
                                                    analysis requirements to apply to new        Utah’s June 29, 2017 submittal                                      • Is not a ‘‘significant regulatory
                                                    major sources and major modifications     addresses this issue by submitting the                               action’’ subject to review by the Office
                                                    in Salt Lake and Davis Counties after     1999 rule revisions that created R307–                               of Management and Budget under
                                                    redesignation.                            420 and modified R307–403–6. As these                                Executive Order 12866 (58 FR 51735,
                                                       On July 17, 1997 (62 FR 38213), the    rule revisions preserve the ozone                                    October 4, 1993);
                                                    EPA approved Utah’s maintenance plan maintenance plan requirements for                                           • does not impose an information
mstockstill on DSK30JT082PROD with PROPOSALS




                                                    and redesignation request for Salt Lake   offsets and contingency measures in Salt                             collection burden under the provisions
                                                    and Davis Counties. As part of that       Lake and Davis Counties while                                        of the Paperwork Reduction Act (44
                                                    action, we approved a revision to R307– improving the clarity of those                                         U.S.C. 3501 et seq.);
                                                    1–3.3.3.C that added a contingency        requirements, we propose to approve                                    • is certified as not having a
                                                    measure for Salt Lake and Davis           the revisions.                                                       significant economic impact on a
                                                    Counties. 62 FR 38215/2. The                 We also propose to approve the                                    substantial number of small entities
                                                    contingency measure, if triggered,        subsequent revisions to R307–420,                                    under the Regulatory Flexibility Act (5
                                                    would increase the offset ratio to 1.2:1. submitted on August 20, 2013, that Utah                              U.S.C. 601 et seq.);


                                               VerDate Sep<11>2014   17:18 Jul 13, 2017   Jkt 241001   PO 00000   Frm 00026   Fmt 4702   Sfmt 4702   E:\FR\FM\14JYP1.SGM   14JYP1


                                                                               Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Proposed Rules                                              32519

                                                       • does not contain any unfunded                       ENVIRONMENTAL PROTECTION                              FOR FURTHER INFORMATION CONTACT:      For
                                                    mandate or significantly or uniquely                     AGENCY                                                technical information regarding the
                                                    affect small governments, as described                                                                         Samsung Austin Semiconductor
                                                    in the Unfunded Mandates Reform Act                      40 CFR Part 261                                       petition, contact Michelle Peace at 214–
                                                    of 1995 (Public Law 104–4);                                                                                    665–7430 or by email at
                                                                                                             [EPA–R06–RCRA–2017–0254; FRL–9964–
                                                                                                                                                                   peace.michelle@epa.gov.
                                                       • does not have federalism                            71–Region 6]
                                                                                                                                                                      Your requests for a hearing must
                                                    implications as specified in Executive                                                                         reach EPA by July 31, 2017. The request
                                                    Order 13132 (64 FR 43255, August 10,                     Hazardous Waste Management
                                                                                                             System; Identification and Listing of                 must contain the information described
                                                    1999);                                                                                                         in § 260.20(d).
                                                                                                             Hazardous Waste
                                                       • is not an economically significant                                                                        SUPPLEMENTARY INFORMATION: Samsung
                                                    regulatory action based on health or                     AGENCY:  Environmental Protection                     submitted a petition under 40 CFR
                                                    safety risks subject to Executive Order                  Agency (EPA).                                         260.20 and 260.22(a). Section 260.20
                                                    13045 (62 FR 19885, April 23, 1997);                     ACTION: Proposed rule.                                allows any person to petition the
                                                       • is not a significant regulatory action                                                                    Administrator to modify or revoke any
                                                                                                             SUMMARY:    EPA is proposing to grant a               provision of parts 260 through 266, 268
                                                    subject to Executive Order 13211 (66 FR                  petition submitted by Samsung Austin
                                                    28355, May 22, 2001);                                                                                          and 273. Section 260.22(a) specifically
                                                                                                             Semiconductor (Samsung) to exclude                    provides generators the opportunity to
                                                       • is not subject to requirements of                   (or delist) the sludge generated from the             petition the Administrator to exclude a
                                                    Section 12(d) of the National                            electroplating process from the lists of              waste on a ‘‘generator specific’’ basis
                                                    Technology Transfer and Advancement                      hazardous wastes. EPA used the                        from the hazardous waste lists.
                                                    Act of 1995 (15 U.S.C. 272 note) because                 Delisting Risk Assessment Software                       EPA bases its proposed decision to
                                                    application of those requirements would                  (DRAS) Version 3.0.47 in the evaluation               grant the petition on an evaluation of
                                                    be inconsistent with the CAA; and                        of the impact of the petitioned waste on              waste-specific information provided by
                                                                                                             human health and the environment.                     the petitioner. This decision, if
                                                       • does not provide the EPA with the
                                                    discretionary authority to address, as                   DATES: We will accept comments until                  finalized, would conditionally exclude
                                                    appropriate, disproportionate human                      August 14, 2017. We will stamp                        the petitioned waste from the
                                                    health or environmental effects, using                   comments received after the close of the              requirements of hazardous waste
                                                                                                             comment period as late. These late                    regulations under the Resource
                                                    practicable and legally permissible
                                                                                                             comments may or may not be                            Conservation and Recovery Act (RCRA).
                                                    methods, under Executive Order 12898                                                                              If finalized, EPA would conclude that
                                                                                                             considered in formulating a final
                                                    (59 FR 7629, February 16, 1994).                                                                               Samsung’s petitioned waste is non-
                                                                                                             decision. Your requests for a hearing
                                                       The SIP is not approved to apply on                   must reach EPA by July 31, 2017. The                  hazardous with respect to the original
                                                    any Indian reservation land or in any                    request must contain the information                  listing criteria. EPA would also
                                                    other area where the EPA or an Indian                    prescribed in 40 CFR 260.20(d)                        conclude that Samsung’s process
                                                    tribe has demonstrated that a tribe has                  (hereinafter all CFR cites refer to 40 CFR            minimizes short-term and long-term
                                                    jurisdiction. In those areas of Indian                   unless otherwise stated).                             threats from the petitioned waste to
                                                    country, the proposed rule does not                      ADDRESSES: Submit your comments,                      human health and the environment.
                                                    have tribal implications and will not                    identified by Docket ID No. EPA–R06–                  Table of Contents
                                                    impose substantial direct costs on tribal                RCRA–2017–0254, at http://
                                                                                                                                                                     The information in this section is
                                                    governments or preempt tribal law as                     www.regulations.gov. Follow the online
                                                                                                                                                                   organized as follows:
                                                    specified by Executive Order 13175 (65                   instructions for submitting comments.
                                                    FR 67249, November 9, 2000).                             Once submitted, comments cannot be                    I. Overview Information
                                                                                                             edited or removed from Regulations.gov.                  A. What action is EPA proposing?
                                                    List of Subjects in 40 CFR Part 52                       The EPA may publish any comment                          B. Why is EPA proposing to approve this
                                                                                                                                                                         delisting?
                                                      Environmental protection, Air                          received to its public docket. Do not                    C. How will Samsung manage the waste if
                                                    pollution control, Carbon monoxide,                      submit electronically any information                       it is delisted?
                                                    Intergovernmental relations,                             you consider to be Confidential                          D. When would the proposed delisting
                                                                                                             Business Information (CBI) or other                         exclusion be finalized?
                                                    Incorporation by reference, Lead,
                                                                                                             information whose disclosure is                          E. How would this action affect the states?
                                                    Nitrogen dioxide, Ozone, Particulate                                                                           II. Background
                                                                                                             restricted by statute. Multimedia
                                                    matter, Reporting and recordkeeping                      submissions (audio, video, etc.) must be                 A. What is the history of the delisting
                                                    requirements, Sulfur oxides, Volatile                    accompanied by a written comment.                           program?
                                                    organic compounds.                                       The written comment is considered the                    B. What is a delisting petition, and what
                                                                                                                                                                         does it require of a petitioner?
                                                       Authority: 42 U.S.C. 7401 et seq.                     official comment and should include                      C. What factors must EPA consider in
                                                      Dated: June 30, 2017.                                  discussion of all points you wish to                        deciding whether to grant a delisting
                                                                                                             make. The EPA will generally not                            petition?
                                                    Debra H. Thomas,
                                                                                                             consider comments or comment                          III. EPA’s Evaluation of the Waste
                                                    Acting Regional Administrator, Region 8.                 contents located outside of the primary                     Information and Data
                                                    [FR Doc. 2017–14732 Filed 7–13–17; 8:45 am]              submission (i.e., on the web, cloud, or                  A. What wastes did Samsung petition EPA
mstockstill on DSK30JT082PROD with PROPOSALS




                                                    BILLING CODE 6560–50–P                                   other file sharing system). For                             to delist?
                                                                                                             additional submission methods, the full                  B. Who is Samsung and what process does
                                                                                                             EPA public comment policy,                                  it use to generate the petitioned waste?
                                                                                                                                                                      C. How did Samsung sample and analyze
                                                                                                             information about CBI or multimedia                         the data in this petition?
                                                                                                             submissions, and general guidance on                     D. What were the results of Samsung’s
                                                                                                             making effective comments, please visit                     sample analysis?
                                                                                                             http://www2.epa.gov/dockets/                             E. How did EPA evaluate the risk of
                                                                                                             commenting-epa-dockets.                                     delisting this waste?



                                               VerDate Sep<11>2014   17:18 Jul 13, 2017   Jkt 241001   PO 00000   Frm 00027   Fmt 4702   Sfmt 4702   E:\FR\FM\14JYP1.SGM   14JYP1



Document Created: 2018-10-24 11:16:49
Document Modified: 2018-10-24 11:16:49
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.
ContactKevin Leone, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, [email protected]
FR Citation82 FR 32517 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Intergovernmental Relations; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR