82 FR 46915 - Approval and Promulgation of Air Quality Implementation Plans; State of Utah; General Burning Rule Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 194 (October 10, 2017)
Federal Register Volume 82, Issue 194 (October 10, 2017)
| Page Range | 46915-46917 | |
| FR Document | 2017-21612 |
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)] [Rules and Regulations] [Pages 46915-46917] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21612] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2015-0617; FRL-9969-04-Region 8] Approval and Promulgation of Air Quality Implementation Plans; State of Utah; General Burning Rule Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Utah on January 28, 2013, and July 8, 2015. The submittals request SIP revisions to the State's General Burning rule; a repeal and reenactment of the General Burning rule with changes to applicability, timing and duration of burning windows, and an amendment to exempt Native American ceremonial burning during restricted burning days. DATES: This rule is effective on November 9, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R08-OAR-2015-0617. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the For Further Information Contact section for additional availability information. FOR FURTHER INFORMATION CONTACT: Chris Dresser, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6385, [email protected]. SUPPLEMENTARY INFORMATION: I. Background In our notice of proposed rulemaking published on July 13, 2017 (82 FR 32282), the EPA proposed to approve Utah's January 28, 2013 SIP submission, which repeals and reenacts the General Burning provisions in R307-202 with several amendments (discussed in the proposed rulemaking). Additionally, the EPA proposed approval of Utah's July 8, 2015 revisions, which exempts ceremonial burning conducted by a ``Native American spiritual advisor'' during restricted burn days. In this rulemaking, we are taking final action on both SIP submittals. The reasons for our approval are provided in detail in the proposed rule. II. Response to Comments We received no comments on the proposed rule. III. Final Action For the reasons expressed in the proposed rule, the EPA is approving revisions to Sections in R307-202 of the State's General Burning provisions from the January 28, 2013 and July 8, 2015 submittals. [[Page 46916]] IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of Utah General Burning provisions described in the amendments set forth to 40 CFR part 52 below. 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). Therefore, these materials have been approved by the EPA for inclusion in the SIP, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Orders Review Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this final action merely approves some state law as meeting federal requirements; this final action does not impose additional requirements beyond those imposed by state law. For that reason, this final action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, Oct. 4, 1993); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, Aug. 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, Feb. 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 11, 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 CAA section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: September 25, 2017. Suzanne J. Bohan, Acting Regional Administrator, Region 8. 40 CFR part 52 is amended to read as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart TT--Utah 0 2. In Sec. 52.2320, the table in paragraph (c) is amended by revising the entry ``R307-202'' to read as follows: Sec. 52.2320 Identification of plan. * * * * * (c) * * * [[Page 46917]] -------------------------------------------------------------------------------------------------------------------------------------------------------- State Rule No. Rule title effective date Final rule citation, date Comments -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- R307-202. Emission Standards: General Burning -------------------------------------------------------------------------------------------------------------------------------------------------------- R307-202......................... Emission Standards: 10/6/2014 Insert Federal Register citation], General Burning. 10/10, 2017. -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-21612 Filed 10-6-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 46915
EPA-APPROVED SOURCE SPECIFIC REQUIREMENTS—Continued
Name of source Order/permit No. Effective date EPA approval date Explanation
* * * * * * *
* * * * *
(e) * * *
* * * * *
TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1
Applicable
geographic or
Name of SIP provision State submittal date EPA approval date Explanation
nonattainment
area or title/subject
The State of Arizona Air Pollution Control Implementation Plan
Clean Air Act Section 110(a)(2) State Implementation Plan Elements (Excluding Part D Elements and Plans)
* * * * * * *
Arizona State Implementation Plan Revi- Source-Specific ........... December 15, 2016 .... October 10, 2017, [IN- BART Alternative for
sion to the Arizona Regional Haze Plan SERT Federal Reg- Coronado Gener-
for the Salt River Project Coronado Gen- ister CITATION]. ating Station
erating Station, excluding Appendix B. adopted December
14, 2016.
* * * * * * *
1 Table
1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and
Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropoli-
tan Phoenix and Tucson Areas.
* * * * * and reenactment of the General Burning 80202–1129, (303) 312–6385,
■ 3. Section 52.145 is amended by: rule with changes to applicability, dresser.chris@epa.gov.
■ a. Removing and reserving paragraph timing and duration of burning SUPPLEMENTARY INFORMATION:
(e)(1). windows, and an amendment to exempt
■ b. Removing paragraphs (e)(2)(iii)– Native American ceremonial burning I. Background
(vi). during restricted burning days. In our notice of proposed rulemaking
■ c. Removing and reserving paragraph published on July 13, 2017 (82 FR
This rule is effective on
DATES:
32282), the EPA proposed to approve
(f).
November 9, 2017. Utah’s January 28, 2013 SIP submission,
[FR Doc. 2017–21604 Filed 10–6–17; 8:45 am]
BILLING CODE 6560–50–P
ADDRESSES: The EPA has established a which repeals and reenacts the General
docket for this action under Docket ID Burning provisions in R307–202 with
No. EPA–R08–OAR–2015–0617. All several amendments (discussed in the
ENVIRONMENTAL PROTECTION documents in the docket are listed on proposed rulemaking). Additionally, the
AGENCY the http://www.regulations.gov Web EPA proposed approval of Utah’s July 8,
site. Although listed in the index, some 2015 revisions, which exempts
40 CFR Part 52 information is not publicly available, ceremonial burning conducted by a
e.g., CBI or other information whose ‘‘Native American spiritual advisor’’
[EPA–R08–OAR–2015–0617; FRL–9969–04–
Region 8] disclosure is restricted by statute. during restricted burn days. In this
Certain other material, such as rulemaking, we are taking final action
Approval and Promulgation of Air copyrighted material, is not placed on on both SIP submittals. The reasons for
Quality Implementation Plans; State of the Internet and will be publicly our approval are provided in detail in
Utah; General Burning Rule Revisions available only in hard copy form. the proposed rule.
Publicly available docket materials are II. Response to Comments
AGENCY: Environmental Protection available through http://
Agency (EPA). www.regulations.gov, or please contact We received no comments on the
ACTION: Final rule. the person identified in the FOR FURTHER proposed rule.
Pmangrum on DSK3GDR082PROD with RULES
INFORMATION CONTACT section for III. Final Action
SUMMARY: The Environmental Protection
additional availability information.
Agency (EPA) is approving State For the reasons expressed in the
Implementation Plan (SIP) revisions FOR FURTHER INFORMATION CONTACT: proposed rule, the EPA is approving
submitted by the State of Utah on Chris Dresser, Air Program, U.S. revisions to Sections in R307–202 of the
January 28, 2013, and July 8, 2015. The Environmental Protection Agency State’s General Burning provisions from
submittals request SIP revisions to the (EPA), Region 8, Mail Code 8P–AR, the January 28, 2013 and July 8, 2015
State’s General Burning rule; a repeal 1595 Wynkoop Street, Denver, Colorado submittals.
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![Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 46917
State effective
Rule No. Rule title Final rule citation, date Comments
date
* * * * * * *
R307–202. Emission Standards: General Burning
R307–202 .................. Emission Standards: General Burning ......... 10/6/2014 Insert Federal Register
citation], 10/10, 2017.
* * * * * * *
* * * * * Do not submit electronically any highway sanctions 6 months later,
[FR Doc. 2017–21612 Filed 10–6–17; 8:45 am] information you consider to be pursuant to CAA section 179 and our
BILLING CODE 6560–50–P Confidential Business Information (CBI) regulations at 40 CFR 52.31. Therefore,
or other information whose disclosure is offset sanctions will apply on November
restricted by statute. Multimedia 16, 2017, and highway sanctions will
ENVIRONMENTAL PROTECTION submissions (audio, video, etc.) must be apply on May 16, 2018, unless the EPA
AGENCY accompanied by a written comment. determines that the deficiencies forming
The written comment is considered the the bases for the disapprovals have been
40 CFR Part 52 official comment and should include corrected.
[EPA–R09–OAR–2015–0204; FRL–9969–03– discussion of all points you wish to On March 17, 2017, the State of
Region 9] make. The EPA will generally not California submitted, as a revision to the
consider comments or comment California SIP, amendments to the
Interim Final Determination To Defer contents located outside of the primary South Coast Air Quality Management
Sanctions; California; Los Angeles- submission (i.e., on the Web, cloud, or District’s (SCAQMD or ‘‘District’’)
South Coast Air Basin other file sharing system). For Regional Clean Air Incentives Market
AGENCY: Environmental Protection additional submission methods, please (RECLAIM) program, which consists of
Agency (EPA). contact the person identified in the FOR SCAQMD rules 2000 to 2020 and
ACTION: Interim final rule. FURTHER INFORMATION CONTACT section. applies to stationary sources that emit at
For the full EPA public comment policy, least four tons per year of nitrogen
SUMMARY: The Environmental Protection information about CBI or multimedia oxides or sulfur oxides in the South
Agency (EPA) is making an interim final submissions, and general guidance on Coast. Additionally, on May 22, 2017,
determination to defer the imposition of making effective comments, please visit CARB submitted the SCAQMD’s public
offset and highway sanctions in the Los http://www2.epa.gov/dockets/ draft version of the ‘‘Supplemental
Angeles-South Coast air basin (‘‘South commenting-epa-dockets. RACM/RACT Analysis for the 2006 24-
Coast’’) based on a proposed approval of FOR FURTHER INFORMATION CONTACT: Hour PM2.5 and 2008 8-Hour Ozone
revisions to the South Coast portion of Wienke Tax, Air Planning Office (AIR– Standards’’ (‘‘2017 RACT
the California State Implementation 2), U.S. Environmental Protection Supplement’’).1 We proposed to
Plan (SIP) published elsewhere in this Agency, Region IX, (415) 947–4192, approve the revised RECLAIM rules on
Federal Register. The revisions concern tax.wienke@epa.gov. June 6, 2017 (82 FR 25996), and fully
Clean Air Act (CAA) reasonably SUPPLEMENTARY INFORMATION: approved these rules on September 14,
available control measures/reasonably Throughout this document, ‘‘we,’’ ‘‘us’’ 2017 (82 FR 43176). We proposed to
available control technology (RACM/ and ‘‘our’’ refer to the EPA. approve the 2017 RACT Supplement on
RACT) and reasonable further progress June 15, 2017 (82 FR 27451), and fully
(RFP) requirements for the 2006 24-hour I. Background approved it on September 20, 2017 (82
fine particulate matter (PM2.5) national On April 14, 2016 (80 FR 22025), we FR 43850).2
ambient air quality standards (NAAQS) published a final action to partially In the Proposed Rules section of
in the South Coast. approve and partially disapprove SIP today’s Federal Register, we are
DATES: This interim final determination revisions submitted by California to proposing to approve the RACM/RACT
is effective on October 10, 2017. address CAA Moderate area attainment and RFP demonstrations in the 2012
However, comments will be accepted plan requirements for the 2006 24-hour PM2.5 Plan based on our final approvals
until November 9, 2017. PM2.5 NAAQS in the South Coast of the revised RECLAIM rules and the
ADDRESSES: Submit your comments, nonattainment area (‘‘2012 PM2.5 Plan’’).
1 California submitted the 2017 RACT
identified by Docket ID No. EPA–R09– As part of that action, we disapproved
Supplement to address deficiencies identified in
OAR–2015–0204 at http:// two elements of the 2012 PM2.5 Plan both the EPA’s April 14, 2016 partial disapproval
www.regulations.gov, or via email to because they did not fully meet the of the 2012 PM2.5 Plan and the EPA’s separate
Wienke Tax, Air Planning Office, at requirements for RACM/RACT-level proposal to partially disapprove the District’s ‘‘2016
tax.wienke@epa.gov. For comments controls under sections 189(a)(1)(C) and AQMP Reasonably Available Control Technology
Pmangrum on DSK3GDR082PROD with RULES
(RACT) Demonstration,’’ which California had
submitted at Regulations.gov, follow the 172(c)(1) of the CAA and thus also did submitted to address RACT requirements under
online instructions for submitting not meet the requirement for RFP under CAA section 182(b) and (f) and 40 CFR 51.1112 for
comments. Once submitted, comments section 172(c)(2) of the CAA. This the 2008 ozone NAAQS in the South Coast and
cannot be removed or edited from disapproval action became effective on Coachella Valley nonattainment areas (see 82 FR
27451, June 15, 2017).
Regulations.gov. For either manner of May 16, 2016, and started a sanctions 2 California adopted the 2017 RACT Supplement
submission, the EPA may publish any clock for imposition of offset sanctions on July 7, 2017, and submitted it to the EPA on July
comment received to its public docket. 18 months after May 16, 2016, and 27, 2017.
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Document Created: 2017-10-07 10:32:30
Document Modified: 2017-10-07 10:32:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on November 9, 2017. | |
| Contact | Chris Dresser, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6385, [email protected] | |
| FR Citation | 82 FR 46915 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter and Reporting and Recordkeeping Requirements |
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