83 FR 55340 - Utah: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 214 (November 5, 2018)
Federal Register Volume 83, Issue 214 (November 5, 2018)
| Page Range | 55340-55341 | |
| FR Document | 2018-24061 |
[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)] [Proposed Rules] [Pages 55340-55341] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24061] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 282 [EPA-R08-UST-2018-0169; FRL-9982-20-Region 8] Utah: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to the State of Utah's Underground Storage Tank (UST) program submitted by the State. This action is based on EPA's determination that the State's revisions satisfy all requirements for UST program approval. This action also proposes to codify Utah's state program as revised by Utah and approved by the EPA and to incorporate by reference the State regulations that we have determined meet the requirements for approval. The State's federally-authorized and codified UST program, as revised pursuant to this action, will remain subject to the EPA's inspection and enforcement authorities under sections 9005 and 9006 of RCRA subtitle I and other applicable statutory and regulatory provisions. DATES: Send written comments by December 5, 2018. ADDRESSES: Submit your comments by one of the following methods: 1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. 2. Email: [email protected]. 3. Mail: Matthew Langenfeld, Region 8, Project Officer, UST, Solid Waste and PCB Unit, Resource Conservation and [[Page 55341]] Recovery Program, Office of Partnerships and Regulatory Assistance (8P- R), EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. 4. Hand Delivery or Courier: Deliver your comments to Matthew Langenfeld, Region 8, Project Officer, UST, Solid Waste and PCB Unit, Resource Conservation and Recovery Program, Office of Partnerships and Regulatory Assistance (8P-R), EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. Instructions: Direct your comments to Docket ID No. EPA-R08-UST- 2018-0169. The EPA's policy is that all comments received will be included in the public docket without change and may be available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http://www.regulations.gov, or email. The federal http://www.regulations.gov website is an ``anonymous access'' system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If the EPA cannot read your comment due to technical difficulties, and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. You can view and copy the documents that form the basis for this action and associated publicly available materials from 8:30 a.m. to 4:00 p.m. Monday through Friday at the following location: EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, phone number (303) 312-6284. Interested persons wanting to examine these documents should make an appointment with the office at least 2 days in advance. FOR FURTHER INFORMATION CONTACT: Matthew Langenfeld, (303) 312-6284, Region 8, Project Officer, UST, Solid Waste and PCB Unit, Resource Conservation and Recovery Program, Office of Partnerships and Regulatory Assistance (8P-R), EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, phone number (303) 312-6284, email address: [email protected]. SUPPLEMENTARY INFORMATION: For additional information, see the direct final rule published in the ``Rules and Regulations'' section of this Federal Register. Authority: This rule is issued under the authority of Sections 2002(a), 9004, and 7004(b) of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e. List of Subjects in 40 CFR Part 282 Environmental protection, Administrative practice and procedure, Hazardous substances, Incorporation by Reference, State program approval, Underground storage tanks. Dated: October 26, 2018. Douglas Benevento, Regional Administrator, EPA Region 8. [FR Doc. 2018-24061 Filed 11-2-18; 8:45 am] BILLING CODE 6560-50-P
![55340 Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules
sources in or impacting upon EPA’s role is to approve state choices, List of Subjects in 40 CFR Part 52
nonattainment areas. Kentucky provided they meet the criteria of the Environmental protection, Air
addresses requirements for public CAA. These actions merely propose to pollution control, Incorporation by
participation and public availability of approve state law as meeting Federal reference, Intergovernmental relations,
information through 401 KAR 52:100, requirements and do not impose Nitrogen dioxide, Reporting and
Public, affected state, and U.S. EPA additional requirements beyond those recordkeeping requirements, Particulate
review. 401 KAR 50:060, Enforcement, imposed by state law. For that reason, matter, Sulfur dioxide.
establishes legally enforceable these proposed actions:
Authority: 42 U.S.C. 7401 et seq.
procedures. Air dispersion modeling • Are not significant regulatory
requirements under the NSR permitting actions subject to review by the Office Dated: October 25, 2018.
process are addressed in 401 KAR of Management and Budget under Onis ‘‘Trey’’ Glen, III,
51:017; 401 KAR 51:052; and 401 KAR Executive Orders 12866 (58 FR 51735, Regional Administrator, Region 4.
50:040, Air quality models. 401 KAR October 4, 1993) and 13563 (76 FR 3821, [FR Doc. 2018–24203 Filed 11–2–18; 8:45 am]
50:065, Conformity of general federal January 21, 2011); BILLING CODE 6560–50–P
actions, sets forth procedures for • Are not Executive Order 13771 (82
determining the conformity of general FR 9339, February 2, 2017) regulatory
federal actions to the Kentucky SIP and actions because SIP approvals are ENVIRONMENTAL PROTECTION
requires consultation between federal exempted under Executive Order 12866; AGENCY
government and state government, and,
• Do not impose an information
as applicable, any local agency. 401 40 CFR Part 282
collection burden under the provisions
KAR 50:042, Good engineering practice
of the Paperwork Reduction Act (44 [EPA–R08–UST–2018–0169; FRL–9982–20–
stack height, addresses stack height
U.S.C. 3501 et seq.); Region 8]
requirements. Further, Kentucky’s May
2, 2018, correspondence describes how • Are certified as not having a
significant economic impact on a Utah: Final Approval of State
minor sources are evaluated in the NSR Underground Storage Tank Program
permitting process, including how these substantial number of small entities
under the Regulatory Flexibility Act (5 Revisions, Codification, and
sources are incorporated into NSR air Incorporation by Reference
dispersion modeling analyses as U.S.C. 601 et seq.);
relevant to each case. • Do not contain any unfunded AGENCY: Environmental Protection
Based on the information Kentucky mandate or significantly or uniquely Agency (EPA).
provided in its SIP submissions dated affect small governments, as described ACTION: Proposed rule.
February 8, 2016, and April 26, 2013, in the Unfunded Mandates Reform Act
and clarified in correspondence to EPA of 1995 (Pub. L. 104–4); SUMMARY: Pursuant to the Resource
dated December 18, 2017, and May 2, • Do not have Federalism Conservation and Recovery Act (RCRA
2018, EPA is proposing to determine implications as specified in Executive or Act), the Environmental Protection
Kentucky has a SIP-approved minor Order 13132 (64 FR 43255, August 10, Agency (EPA) is proposing to approve
NSR program that addresses the 1999); revisions to the State of Utah’s
pollutants relevant to the 2012 PM2.5, • Are not economically significant Underground Storage Tank (UST)
2010 NO2, and 2010 SO2 NAAQS. EPA regulatory actions based on health or program submitted by the State. This
has therefore made the preliminary safety risks subject to Executive Order action is based on EPA’s determination
determination that Kentucky’s SIP 13045 (62 FR 19885, April 23, 1997); that the State’s revisions satisfy all
satisfies section 110(a)(2)(C) for new and • Are not significant regulatory requirements for UST program approval.
modified minor sources and minor actions subject to Executive Order This action also proposes to codify
modifications of major sources related 13211 (66 FR 28355, May 22, 2001); Utah’s state program as revised by Utah
to the 2012 PM2.5, 2010 NO2, and 2010 • Are not subject to requirements of and approved by the EPA and to
SO2 NAAQS. Section 12(d) of the National incorporate by reference the State
IV. Proposed Action Technology Transfer and Advancement regulations that we have determined
Act of 1995 (15 U.S.C. 272 note) because meet the requirements for approval. The
As described above, EPA is proposing State’s federally-authorized and codified
to approve the portions of the application of those requirements would
be inconsistent with the CAA; and UST program, as revised pursuant to
infrastructure SIP submissions from this action, will remain subject to the
Kentucky dated February 8, 2016, and • Do not provide EPA with the
discretionary authority to address, as EPA’s inspection and enforcement
April 26, 2013, addressing the minor authorities under sections 9005 and
source requirements of section appropriate, disproportionate human
health or environmental effects, using 9006 of RCRA subtitle I and other
110(a)(2)(C) of the CAA for the 2012 applicable statutory and regulatory
PM2.5, 2010 NO2, and 2010 SO2 NAAQS. practicable and legally permissible
methods, under Executive Order 12898 provisions.
EPA is proposing approval of the minor
source portions of these submissions (59 FR 7629, February 16, 1994). DATES: Send written comments by
because they are consistent with section The SIP is not approved to apply on December 5, 2018.
110 of the CAA. any Indian reservation land or in any ADDRESSES: Submit your comments by
other area where EPA or an Indian tribe one of the following methods:
V. Statutory and Executive Order has demonstrated that a tribe has 1. Federal eRulemaking Portal: http://
Reviews jurisdiction. In those areas of Indian www.regulations.gov. Follow the online
Under the CAA, the Administrator is country, the rule does not have tribal instructions for submitting comments.
required to approve a SIP submission implications as specified by Executive 2. Email: langenfeld.matthew@
that complies with the provisions of the Order 13175 (65 FR 67249, November 9, epa.gov.
Act and applicable Federal regulations. 2000), nor will it impose substantial 3. Mail: Matthew Langenfeld, Region
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). direct costs on tribal governments or 8, Project Officer, UST, Solid Waste and
Thus, in reviewing SIP submissions, preempt tribal law. PCB Unit, Resource Conservation and
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![Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules 55341
Recovery Program, Office of FOR FURTHER INFORMATION CONTACT: habitat units, totaling approximately
Partnerships and Regulatory Assistance Matthew Langenfeld, (303) 312–6284, 749 ha (1,852 ac), in Alabama. This
(8P–R), EPA Region 8, 1595 Wynkoop Region 8, Project Officer, UST, Solid reopened comment period will provide
Street, Denver, Colorado 80202–1129. Waste and PCB Unit, Resource the public with an opportunity to
4. Hand Delivery or Courier: Deliver Conservation and Recovery Program, submit written comments on both the
your comments to Matthew Langenfeld, Office of Partnerships and Regulatory revision described in this document and
Region 8, Project Officer, UST, Solid Assistance (8P–R), EPA Region 8, 1595 the October 2, 2012, proposed rule, as
Waste and PCB Unit, Resource Wynkoop Street, Denver, Colorado well as intervening relevant
Conservation and Recovery Program, 80202–1129, phone number (303) 312– publications. Comments previously
Office of Partnerships and Regulatory 6284, email address: submitted need not be resubmitted, as
Assistance (8P–R), EPA Region 8, 1595 Langenfeld.matthew@epa.gov. they will be fully considered in
Wynkoop Street, Denver, Colorado SUPPLEMENTARY INFORMATION: For preparation of the final rule.
80202–1129. additional information, see the direct DATES: The comment period for the
final rule published in the ‘‘Rules and proposed rule published October 2,
Instructions: Direct your comments to Regulations’’ section of this Federal 2012, at 77 FR 60180 is reopened. We
Docket ID No. EPA–R08–UST–2018– Register. will consider comments received or
0169. The EPA’s policy is that all postmarked on or before December 5,
comments received will be included in Authority: This rule is issued under the
authority of Sections 2002(a), 9004, and 2018. Comments submitted
the public docket without change and 7004(b) of the Solid Waste Disposal Act, as electronically using the Federal
may be available online at http:// amended, 42 U.S.C. 6912, 6991c, 6991d, and eRulemaking Portal (see ADDRESSES,
www.regulations.gov, including any 6991e. below) must be received by 11:59 p.m.
personal information provided, unless Eastern Time on the closing date.
the comment includes information List of Subjects in 40 CFR Part 282
ADDRESSES: You may submit written
claimed to be Confidential Business Environmental protection,
comments by one of the following
Information (CBI) or other information Administrative practice and procedure,
methods:
whose disclosure is restricted by statute. Hazardous substances, Incorporation by (1) Electronically: Go to the Federal
Do not submit information that you Reference, State program approval, eRulemaking Portal: http://
consider to be CBI or otherwise Underground storage tanks. www.regulations.gov. In the Search box,
protected through http:// Dated: October 26, 2018. enter FWS–R4–ES–2013–0010, which is
www.regulations.gov, or email. The Douglas Benevento, the docket number for this rulemaking.
federal http://www.regulations.gov Regional Administrator, EPA Region 8. Then, click on the Search button. On the
website is an ‘‘anonymous access’’ resulting page, in the Search panel on
[FR Doc. 2018–24061 Filed 11–2–18; 8:45 am]
system, which means the EPA will not the left side of the screen, under the
BILLING CODE 6560–50–P
know your identity or contact Document Type heading, click on the
information unless you provide it in the Proposed Rule box to locate this
body of your comment. If you send an document. You may submit a comment
email comment directly to the EPA DEPARTMENT OF THE INTERIOR
by clicking on ‘‘Comment Now!’’
without going through http:// (2) By hard copy: Submit your
Fish and Wildlife Service
www.regulations.gov, your email comments by U.S. mail or hand-delivery
address will be automatically captured to: Public Comments Processing, Attn:
50 CFR Part 17
and included as part of the comment FWS–R4–ES–2013–0010, U.S. Fish and
that is placed in the public docket and [Docket No. FWS–R4–ES–2013–0010; Wildlife Service, MS: BPHC, 5275
made available on the internet. If you 4500030114]
Leesburg Pike, Falls Church, VA 22041–
submit an electronic comment, the EPA RIN 1018–BD54 3803.
recommends that you include your We request that you send comments
name and other contact information in Endangered and Threatened Wildlife only by methods described above. We
the body of your comment and with any and Plants; Designation of Critical will post all comments on http://
disk or CD–ROM you submit. If the EPA Habitat for the Spring Pygmy Sunfish www.regulations.gov. This generally
cannot read your comment due to means that we will post any personal
technical difficulties, and cannot AGENCY: Fish and Wildlife Service,
Interior. information you provide us (see Public
contact you for clarification, the EPA Comments, below, for more details).
may not be able to consider your ACTION: Proposed rule; revision and
reopening of comment period. FOR FURTHER INFORMATION CONTACT:
comment. Electronic files should avoid William Pearson, Field Supervisor,
the use of special characters, any form SUMMARY: We, the U.S. Fish and Alabama Ecological Services Field
of encryption, and be free of any defects Wildlife Service (Service), announce the Office, 1208 Main Street, Daphne, AL
or viruses. reopening of the comment period on our 36526; telephone 251–441–5181. If you
You can view and copy the October 2, 2012, proposed rule to use a telecommunications device for the
documents that form the basis for this designate critical habitat for the spring deaf (TDD), please call the Federal Relay
action and associated publicly available pygmy sunfish (Elassoma alabamae), Service at 800–877–8339.
materials from 8:30 a.m. to 4:00 p.m. under the Endangered Species Act of SUPPLEMENTARY INFORMATION:
Monday through Friday at the following 1973, as amended (Act). In this
location: EPA Region 8, 1595 Wynkoop document, we propose to add one Public Comments
Street, Denver, Colorado 80202–1129, critical habitat unit (123 hectares (ha) We will accept written comments and
phone number (303) 312–6284. (303 acres (ac)) in Madison County, information during this reopened
Interested persons wanting to examine Alabama, to the critical habitat comment period on our proposed
these documents should make an designation. As a result, our proposed designation of critical habitat for the
appointment with the office at least 2 revised critical habitat designation for spring pygmy sunfish that was
days in advance. the species now includes three critical published in the Federal Register on
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Document Created: 2018-11-03 00:28:09
Document Modified: 2018-11-03 00:28:09
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Send written comments by December 5, 2018. | |
| Contact | Matthew Langenfeld, (303) 312-6284, Region 8, Project Officer, UST, Solid Waste and PCB Unit, Resource Conservation and Recovery Program, Office of Partnerships and Regulatory Assistance (8P-R), EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, phone number (303) 312-6284, email | |
| FR Citation | 83 FR 55340 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Hazardous Substances; Incorporation by Reference; State Program Approval and Underground Storage Tanks |
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