82 FR 46415 - Approval of Nebraska Air Quality Implementation Plans; Adoption of a New Chapter Under the Nebraska Administrative Code
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 192 (October 5, 2017)
Federal Register Volume 82, Issue 192 (October 5, 2017)
| Page Range | 46415-46417 | |
| FR Document | 2017-21379 |
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)] [Rules and Regulations] [Pages 46415-46417] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21379] [[Page 46415]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2017-0386; FRL-9968-76-Region 7] Approval of Nebraska Air Quality Implementation Plans; Adoption of a New Chapter Under the Nebraska Administrative Code AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State Implementation Plan (SIP) submitted by the state of Nebraska on November 14, 2011. Nebraska is adding a new chapter titled ``Visibility Protection'' which provides Nebraska authority to implement Federal regulations relating to Regional Haze and Best Available Retrofit Technology (BART). The new chapter incorporates by reference EPA's Guidelines for BART Determinations Under the Regional Haze Rule. The revision to the SIP meets the visibility component of the Clean Air Act (CAA). DATES: This direct final rule will be effective December 4, 2017, without further notice, unless EPA receives adverse comment by November 6, 2017. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07- OAR-2017-0386, to https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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. 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: Greg Crable, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7391, or by email at [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' refer to EPA. This section provides additional information by addressing the following: I. What is being addressed in this document? II. Have the requirements for approval of a SIP revision been met? III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. What is being addressed in this document? EPA is taking direct final action to approve revisions to Nebraska's SIP that will amend title 129 of the Nebraska Administrative Code to include rules regulating regional haze. This revision adds a new chapter, chapter 43, entitled ``Visibility Protection'', to title 129 which incorporates by reference EPA Code of Federal Regulations under title 40 part 51 of EPA's Guidelines for BART determiniations under the Regional Haze Rule. This new chapter provides the Nebraska Department of Environmental Quality (NDEQ) the authority to require sources to conduct BART determinations for the purpose of issuing BART permits. This revision to title 129 is consistent with Federal regulations related to Regional Haze and BART, adopting by reference the definitions for the Federal Regional Haze rule at 40 CFR 51.301 and adopts by reference, appendix Y, to 40 CFR part 51, ``Guidelines for BART Determinations under the Regional Haze Rule.'' The revision to the SIP also meets the visibility component of the CAA section 110(a)(2)(J). Approval of these revisions will not impact air quality and will ensure consistency between the State and Federally approved rules. II. Have the requirements for approval of a SIP revision been met? The state submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. The revised chapter was placed on public notice and a public hearing was held by the State on July 13, 2007, where no comments were received. In addition, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations. III. What action is EPA taking? EPA is approving the state's request to revise the SIP to include amendments to the Nebraska air quality rules as it relates to the Regional Haze and Best Available Retrofit Technology. We are publishing this direct final rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. EPA does not anticipate adverse comment because the revisions to the existing rules are routine and consistent with the Federal regulations, thereby, strengthening the SIP. However, in the ``Proposed Rules'' section of this Federal Register, we are publishing a separate document that will serve as the proposed rule to revise title 129 of the Nebraska Administrative Code, chapter 43, ``Visibility Protection''. If adverse comments are received on this direct final rule, we will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. Should EPA receive adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Nebraska regulations described in the direct final amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 7 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the [[Page 46416]] Director of the Federal Register in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews 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, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide 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 EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 4, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Best available retrofit technology, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements, Regional haze, Sulfur dioxide, Visibility, Volatile organic compounds. Dated: September 25, 2017. Cathy Stepp, Acting Regional Administrator, Region 7. For the reasons stated in the preamble, EPA amends 40 CFR part 52 as set forth below: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart CC--Nebraska 0 2. Amend Sec. 52.1420(c) by revising the entry ``129-43'' to read as follows: Sec. 52.1420 Identification of plan. * * * * * (c) * * * EPA-Approved Nebraska Regulations ---------------------------------------------------------------------------------------------------------------- State Nebraska citation Title effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- STATE OF NEBRASKA rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr Department of Environmental Quality rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr Title 129--Nebraska Air Quality Regulations rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr * * * * * * * 129-43..................... Visibility 2/6/08 10/5/17 [Insert ........................ Protection. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 46417]] * * * * * [FR Doc. 2017-21379 Filed 10-4-17; 8:45 am] BILLING CODE 6560-50-P
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ENVIRONMENTAL PROTECTION https://www2.epa.gov/dockets/ the substantive SIP requirements of the
AGENCY commenting-epa-dockets. CAA, including section 110 and
FOR FURTHER INFORMATION CONTACT: Greg implementing regulations.
40 CFR Part 52 Crable, Environmental Protection III. What action is EPA taking?
[EPA–R07–OAR–2017–0386; FRL–9968–76– Agency, Air Planning and Development
Region 7] Branch, 11201 Renner Boulevard, EPA is approving the state’s request to
Lenexa, Kansas 66219 at (913) 551– revise the SIP to include amendments to
Approval of Nebraska Air Quality 7391, or by email at crable.gregory@ the Nebraska air quality rules as it
Implementation Plans; Adoption of a epa.gov. relates to the Regional Haze and Best
New Chapter Under the Nebraska
SUPPLEMENTARY INFORMATION: Available Retrofit Technology.
Administrative Code
Throughout this document ‘‘we,’’ ‘‘us,’’ We are publishing this direct final
AGENCY: Environmental Protection and ‘‘our’’ refer to EPA. This section rule without a prior proposed rule
Agency (EPA). provides additional information by because we view this as a
ACTION: Direct final rule. addressing the following: noncontroversial action and anticipate
SUMMARY: The Environmental Protection I. What is being addressed in this document? no adverse comment. EPA does not
Agency (EPA) is taking direct final II. Have the requirements for approval of a anticipate adverse comment because the
SIP revision been met? revisions to the existing rules are
action to approve revisions to the State III. What action is EPA taking?
Implementation Plan (SIP) submitted by routine and consistent with the Federal
IV. Incorporation by Reference regulations, thereby, strengthening the
the state of Nebraska on November 14, V. Statutory and Executive Order Reviews
2011. Nebraska is adding a new chapter SIP. However, in the ‘‘Proposed Rules’’
titled ‘‘Visibility Protection’’ which I. What is being addressed in this section of this Federal Register, we are
provides Nebraska authority to document? publishing a separate document that
implement Federal regulations relating EPA is taking direct final action to will serve as the proposed rule to revise
to Regional Haze and Best Available approve revisions to Nebraska’s SIP that title 129 of the Nebraska Administrative
Retrofit Technology (BART). The new will amend title 129 of the Nebraska Code, chapter 43, ‘‘Visibility
chapter incorporates by reference EPA’s Administrative Code to include rules Protection’’. If adverse comments are
Guidelines for BART Determinations regulating regional haze. This revision received on this direct final rule, we
Under the Regional Haze Rule. The adds a new chapter, chapter 43, entitled will not institute a second comment
revision to the SIP meets the visibility ‘‘Visibility Protection’’, to title 129 period on this action. Any parties
component of the Clean Air Act (CAA). which incorporates by reference EPA interested in commenting must do so at
DATES: This direct final rule will be Code of Federal Regulations under title this time. For further information about
effective December 4, 2017, without 40 part 51 of EPA’s Guidelines for BART commenting on this rule, see the
further notice, unless EPA receives determiniations under the Regional ADDRESSES section of this document.
adverse comment by November 6, 2017. Haze Rule. This new chapter provides Should EPA receive adverse comment
If EPA receives adverse comment, we the Nebraska Department of on part of this rule and if that part can
will publish a timely withdrawal of the Environmental Quality (NDEQ) the be severed from the remainder of the
direct final rule in the Federal Register authority to require sources to conduct rule, EPA may adopt as final those parts
informing the public that the rule will BART determinations for the purpose of of the rule that are not the subject of an
not take effect. issuing BART permits. This revision to adverse comment.
ADDRESSES: Submit your comments, title 129 is consistent with Federal IV. Incorporation by Reference
identified by Docket ID No. EPA–R07– regulations related to Regional Haze and
OAR–2017–0386, to https:// BART, adopting by reference the In this rule, EPA is finalizing
www.regulations.gov. Follow the online definitions for the Federal Regional regulatory text that includes
instructions for submitting comments. Haze rule at 40 CFR 51.301 and adopts incorporation by reference. In
Once submitted, comments cannot be by reference, appendix Y, to 40 CFR part accordance with requirements of 1 CFR
edited or removed from Regulations.gov. 51, ‘‘Guidelines for BART 51.5, EPA is finalizing the incorporation
EPA may publish any comment received Determinations under the Regional Haze by reference of the Nebraska regulations
to its public docket. Do not submit Rule.’’ The revision to the SIP also described in the direct final
electronically any information you meets the visibility component of the amendments to 40 CFR part 52 set forth
consider to be Confidential Business CAA section 110(a)(2)(J). Approval of below. EPA has made, and will continue
Information (CBI) or other information these revisions will not impact air to make, these materials generally
whose disclosure is restricted by statute. quality and will ensure consistency available through www.regulations.gov
Multimedia submissions (audio, video, between the State and Federally and/or at the EPA Region 7 Office
etc.) must be accompanied by a written approved rules. (please contact the person identified in
comment. The written comment is the FOR FURTHER INFORMATION CONTACT
considered the official comment and II. Have the requirements for approval
of a SIP revision been met? section of this preamble for more
should include discussion of all points information).
you wish to make. EPA will generally The state submission has met the
not consider comments or comment public notice requirements for SIP Therefore, these materials have been
contents located outside of the primary submissions in accordance with 40 CFR approved by EPA for inclusion in the
submission (i.e. on the web, cloud, or 51.102. The submission also satisfied SIP, have been incorporated by
ethrower on DSK3G9T082PROD with RULES
other file sharing system). For the completeness criteria of 40 CFR part reference by EPA into that plan, are
additional submission methods, the full 51, appendix V. The revised chapter fully federally enforceable under
EPA public comment policy, was placed on public notice and a sections 110 and 113 of the CAA as of
information about CBI or multimedia public hearing was held by the State on the effective date of the final rulemaking
submissions, and general guidance on July 13, 2007, where no comments were of EPA’s approval, and will be
making effective comments, please visit received. In addition, the revision meets incorporated by reference by the
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![46416 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations
Director of the Federal Register in the • Is not a significant regulatory action action must be filed in the United States
next update to the SIP compilation.1 subject to Executive Order 13211 (66 FR Court of Appeals for the appropriate
28355, May 22, 2001); circuit by December 4, 2017. Filing a
V. Statutory and Executive Order • Is not subject to requirements of petition for reconsideration by the
Reviews Section 12(d) of the National Administrator of this final rule does not
Under the CAA, the Administrator is Technology Transfer and Advancement affect the finality of this action for the
required to approve a SIP submission Act of 1995 (15 U.S.C. 272 note) because purposes of judicial review nor does it
that complies with the provisions of the application of those requirements would extend the time within which a petition
Act and applicable Federal regulations. be inconsistent with the CAA; and for judicial review may be filed, and
42 U.S.C. 7410(k); 40 CFR 52.02(a). • Does not provide EPA with the shall not postpone the effectiveness of
Thus, in reviewing SIP submissions, discretionary authority to address, as such rule or action. This action may not
EPA’s role is to approve state choices, appropriate, disproportionate human be challenged later in proceedings to
provided that they meet the criteria of health or environmental effects, using enforce its requirements. (See section
the CAA. Accordingly, this action practicable and legally permissible 307(b)(2).)
merely approves state law as meeting methods, under Executive Order 12898
(59 FR 7629, February 16, 1994). List of Subjects in 40 CFR Part 52
Federal requirements and does not
The SIP is not approved to apply on
impose additional requirements beyond Environmental protection, Air
any Indian reservation land or in any
those imposed by state law. For that pollution control, Best available retrofit
other area where EPA or an Indian tribe
reason, this action: technology, Incorporation by reference,
has demonstrated that a tribe has
• Is not a significant regulatory action jurisdiction. In those areas of Indian
Intergovernmental relations, Nitrogen
subject to review by the Office of country, the rule does not have tribal oxides, Particulate matter, Reporting
Management and Budget under implications and will not impose and recordkeeping requirements,
Executive Orders 12866 (58 FR 51735, substantial direct costs on tribal Regional haze, Sulfur dioxide,
October 4, 1993) and 13563 (76 FR 3821, governments or preempt tribal law as Visibility, Volatile organic compounds.
January 21, 2011); specified by Executive Order 13175 (65 Dated: September 25, 2017.
• Does not impose an information FR 67249, November 9, 2000). Cathy Stepp,
collection burden under the provisions The Congressional Review Act, 5 Acting Regional Administrator, Region 7.
of the Paperwork Reduction Act (44 U.S.C. 801 et seq., as added by the Small
U.S.C. 3501 et seq.); Business Regulatory Enforcement For the reasons stated in the
Fairness Act of 1996, generally provides preamble, EPA amends 40 CFR part 52
• Is certified as not having a
that before a rule may take effect, the as set forth below:
significant economic impact on a
substantial number of small entities agency promulgating the rule must
submit a rule report, which includes a PART 52—APPROVAL AND
under the Regulatory Flexibility Act (5 PROMULGATION OF
U.S.C. 601 et seq.); copy of the rule, to each House of the
Congress and to the Comptroller General IMPLEMENTATION PLANS
• Does not contain any unfunded
of the United States. EPA will submit a
mandate or significantly or uniquely ■ 1. The authority citation for part 52
report containing this action and other
affect small governments, as described continues to read as follows:
required information to the U.S. Senate,
in the Unfunded Mandates Reform Act
the U.S. House of Representatives, and Authority: 42 U.S.C. 7401 et seq.
of 1995 (Pub. L. 104–4);
the Comptroller General of the United
• Does not have Federalism States prior to publication of the rule in Subpart CC—Nebraska
implications as specified in Executive the Federal Register. A major rule
Order 13132 (64 FR 43255, August 10, cannot take effect until 60 days after it ■ 2. Amend § 52.1420(c) by revising the
1999); is published in the Federal Register. entry ‘‘129–43’’ to read as follows:
• Is not an economically significant This action is not a ‘‘major rule’’ as
§ 52.1420 Identification of plan.
regulatory action based on health or defined by 5 U.S.C. 804(2).
safety risks subject to Executive Order Under section 307(b)(1) of the CAA, * * * * *
13045 (62 FR 19885, April 23, 1997); petitions for judicial review of this (c) * * *
EPA-APPROVED NEBRASKA REGULATIONS
State
Nebraska citation Title effective EPA approval date Explanation
date
STATE OF NEBRASKA
Department of Environmental Quality
Title 129—Nebraska Air Quality Regulations
* * * * * * *
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129–43 ................ Visibility Protection ......... 2/6/08 10/5/17 [Insert Federal
Register citation].
* * * * * * *
1 62 FR 27968 (May 22, 1997).
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* * * * * 1129, (303) 312–6227, leone.kevin@ to attainment for ozone. R307–420 also
[FR Doc. 2017–21379 Filed 10–4–17; 8:45 am] epa.gov. establishes more stringent offset
BILLING CODE 6560–50–P
SUPPLEMENTARY INFORMATION: requirements for nitrogen oxides that
may be triggered as a contingency
I. Background measure under Utah’s ozone
ENVIRONMENTAL PROTECTION On August 20, 2013, with supporting maintenance plan. R307–420 was also
AGENCY administrative documentation modified to include the definitions and
submitted on September 12, 2013, Utah applicability provisions of R307–403
40 CFR Part 52 (Permits: New and Modified Sources in
sent the EPA revisions to their
[EPA–R08–OAR–2016–0620; FRL–9968–74– nonattainment permitting regulations, Nonattainment Areas and Maintenance
Region 8] specifically to address EPA identified Areas) to ensure that the definitions and
deficiencies in those regulations that applicability provisions in R307–420 are
Approval and Promulgation of Air may also affect the EPA’s ability to consistent with related permitting rules
Quality Implementation Plans; State of approve Utah’s fine particulate matter in R307–403. The EPA is taking final
Utah; Revisions to Ozone Offset (PM2.5) SIP. These revisions addressed action to approve these revisions.
Requirements in Davis and Salt Lake R307–403–1 (Purpose and Definitions), On August 20, 2013, Utah submitted
Counties R307–403–2 (Applicability), R307–403– revisions to the definitions in the NNSR
11 (Actual Plant-wide Applicability program that addressed certain
AGENCY: Environmental Protection Limits (PALs)), and R307–420 (Ozone deficiencies in the program. Utah also
Agency. Offset Requirements in Davis and Salt submitted revisions to the
ACTION: Final rule. Lake Counties). On June 2, 2016, the corresponding definitions in R307–420.
EPA entered into a consent decree with As explained in our proposed
SUMMARY: The Environmental Protection the Center for Biological Diversity, rulemaking published on July 14, 2017
Agency (EPA) is taking final action to Center for Environmental Health, and (82 FR 32517), since the EPA had not
approve State Implementation Plan Neighbors for Clean Air regarding a received the 1999 rulemaking that
(SIP) revisions submitted by the State of failure to act, pursuant to CAA sections created R307–420 as a SIP submittal, we
Utah on August 20, 2013, and on June 110(k)(2)–(4), on certain complete SIP were unable to take action on the
29, 2017. The submittals revise the submissions from states intended to revisions to R307–420 in our February
portions of the Utah Administrative address specific requirements related to 3, 2017 (82 FR 9138) final rulemaking
Code (UAC) that pertain to ozone offset the 2006 p.m.2.5 NAAQS for certain for Utah’s revisions to Nonattainment
requirements in Davis and Salt Lake nonattainment areas, including the Permitting Regulations.
Counties for major sources. This action submittal from the Governor of Utah Utah’s June 29, 2017 submittal
is being taken under section 110 of the dated August 20, 2013. addressed this issue by submitting the
Clean Air Act (CAA) (Act). On February 3, 2017, the EPA 1999 rule revisions that created R307–
DATES: This final rule is effective on published a final rulemaking (82 FR 420 and modified R307–403–6. As these
November 6, 2017. 9138) to conditionally approve the rule revisions preserve the ozone
ADDRESSES: The EPA has established a revisions in Utah’s August 20, 2013 maintenance plan requirements for
docket for this action under Docket submittal, except for the revisions to offsets and contingency measures in Salt
Identification Number EPA–R08–OAR– R307–420. The submittal did not Lake and Davis Counties while
2016–0620. All documents in the docket contain the appropriate supporting improving the clarity of those
are listed on the http:// documentation required for the EPA to requirements, we proposed to approve
www.regulations.gov index. Although take action on R307–420. As a result,
the 1999 rule revisions on July 14, 2017
listed in the index, some information the EPA requested an extension for
(82 FR 32517). We also proposed to
may not be publicly available, e.g., taking action on R307–420, and on
approve the remaining portion of the
Confidential Business Information or December 20, 2016, the EPA was
August 20, 2013 submittal.
other information whose disclosure is granted an extension which moved the
deadline for taking final action on The EPA is taking final action to
restricted by statute. Certain other approve the subsequent revisions to
material, such as copyrighted material, R307–420 from January 3, 2017, to
September 29, 2017 (See docket). Utah R307–420, submitted on August 20,
will be publicly available only in hard 2013, that Utah promulgated to ensure
copy. Publicly available docket submitted on June 29, 2017, an
additional SIP revision that addresses that the definitions and applicability
materials are available either provisions in R307–420 are consistent
electronically through http:// the lack of appropriate supporting
documentation for R307–420. with related permitting rules in R307–
www.regulations.gov or in hard copy at 403. For the reasons explained in our
the Air Program, Environmental II. Response to Comments July 14, 2017 notice of proposed
Protection Agency (EPA), Region 8, No comments were received on our rulemaking, the definitions and
1595 Wynkoop Street, Denver, Colorado July 14, 2017 notice of proposed applicability provisions in R307–403 are
80202–1129. The EPA requests that you rulemaking (82 FR 32517). consistent with requirements for NNSR
contact the individual listed in the FOR programs found in 40 CFR 51.165.
FURTHER INFORMATION CONTACT section to III. Final Action While R307–420 is part of the ozone
view the hard copy of the docket. You The EPA is taking final action to maintenance plan for Salt Lake and
may view the hard copy of the docket approve Utah’s revisions to R307–420 Davis Counties and not part of the
Monday through Friday, 8:00 a.m. to and R307–403–6, as submitted on NNSR program, and therefore, not
ethrower on DSK3G9T082PROD with RULES
4:00 p.m., excluding federal holidays. August 20, 2013, and June 29, 2017. directly subject to the requirements in
FOR FURTHER INFORMATION CONTACT: R307–420 maintains the offset 40 CFR 51.165, we view the
Kevin Leone, Air Program, U.S. provisions of the nonattainment area corresponding revisions to the
Environmental Protection Agency, new source review (NNSR) permitting definitions and applicability provisions
Region 8, Mailcode 8P–AR, 1595 program in Salt Lake and Davis as strengthening the maintenance plan.
Wynkoop, Denver, Colorado 80202– Counties after the area is re-designated Specifically, the EPA is approving the
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Document Created: 2017-10-05 00:53:27
Document Modified: 2017-10-05 00:53:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective December 4, 2017, without further notice, unless EPA receives adverse comment by November 6, 2017. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| Contact | Greg Crable, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7391, or by email at [email protected] | |
| FR Citation | 82 FR 46415 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Best Available Retrofit Technology; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Regional Haze; Sulfur Dioxide; Visibility and Volatile Organic Compounds |
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