

[Federal Register: November 1, 2006 (Volume 71, Number 211)]
[Rules and Regulations]               
[Page 64125-64127]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no06-7]                         

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2006-0564, FRL-8236-8]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Utah; Revisions to the Utah Administrative Code; Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve State 
Implementation Plan (SIP) revisions submitted by the State of Utah on 
February 7, 2006. These changes to the Utah Administrative Code revise 
some minor technical requirements of Utah's continuous emission 
monitoring rules and correct several grammatical errors. The intended 
effect of this action is to make federally enforceable those provisions 
that EPA is approving. This action is being taken under section 110 of 
the Clean Air Act.

DATES: This rule is effective on January 2, 2007 without further 
notice, unless EPA receives adverse comment by December 1, 2006. If 
adverse comment is received, EPA 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-R08-
OAR-2006-0564, by one of the following methods:
      http://www.regulations.gov. Follow the on-line instructions for 

submitting comments.
     E-mail: long.richard@epa.gov and kimes.jeffrey@epa.gov.

     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Richard R. Long, Director, Air and Radiation 
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.
     Hand Delivery: Richard R. Long, Director, Air and 
Radiation Program, Environmental Protection Agency (EPA), Region 8, 
Mailcode 8P-AR, 999 18th Street, Suite 200, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m. 
to 4:55 p.m., excluding federal holidays. Special arrangements should 
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2006-0564. EPA's policy is that all comments received will be included 
in the public docket without change and may be made 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 e-mail. The 

http://www.regulations.gov Web site is an ``anonymous access'' system, which 

means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA, without going through http://www.regulations.gov, your e-mail 

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, 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 EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, 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. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm. For additional 

instructions on submitting comments, go to Section I: General 
Information portion in the SUPPLEMENTARY INFORMATION section of this 
document.
    Docket: All documents in the docket are listed in the 
http://www.regulations.gov index. 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, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air and Radiation 

Program, Environmental Protection Agency

[[Page 64126]]

(EPA), Region 8, 999 18th Street, Suite 200, Denver, Colorado 80202-
2466. EPA requests that if at all possible, you contact the individual 
listed in the FOR FURTHER INFORMATION CONTACT section to view the hard 
copy of the docket. You may view the hard copy of the docket Monday 
through Friday, 8 a.m. to 4 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeffrey Kimes, Air and Radiation 
Program, Mailcode 8P-AR, Environmental Protection Agency (EPA), Region 
8, 999 18th Street, Suite 200, Denver, Colorado 80202-2466, (303) 312-
6445, kimes.jeffrey@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. General Information
II. Background
III. EPA's Review of the State of Utah's February 7, 2006 Submittal
IV. Final Action
V. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Utah mean the State of Utah, unless the 
context indicates otherwise.

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

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

II. Background

    On February 7, 2006, the Governor of Utah submitted a SIP revision 
that contains amendments to Rule R307-170 of the Utah Administrative 
Code. The amendments update a key provision of the State's continuous 
emissions monitoring rule to be consistent with 40 CFR part 75, 
Appendix A, Section 6.2 on which part of the State's rule is based. In 
addition, the revision corrects several inconsequential grammatical 
errors. The Utah Air Quality Board adopted these amendments on January 
4, 2006 and they became effective on January 5, 2006.

III. EPA's Review of the State of Utah's February 7, 2006 Submittal

A. Revisions to the Utah Administrative Code Adopted January 4, 2006 
and Effective January 5, 2006

1. Changes to R307-170-7 (1). Performance Specification Audits
    a. The state is adding language consistent with 40 CFR part 75, 
Appendix A, Section 6.2, Acid Rain program provisions. This will exempt 
sources with monitors subject to the Acid Rain rules from the 
requirement for quarterly monitor audits. Under 40 CFR part 75, 
Appendix A, Section 6.2, acid rain related monitors require only annual 
audits. Without the addition of this exemption the acid rain monitors 
would be unnecessarily subject to the same quarterly audits required 
under 40 CFR part 60, Appendix B (Standards of Performance for New 
Stationary Sources) monitoring standards. EPA is approving the revision 
to R307-170-7(1).
2. Typographical and Grammatical Corrections to R307-170-4. Definitions
    a. The state is making typographical and grammatical corrections to 
several definitions. EPA is approving the paragraphs which are the 
definitions of the following terms: Continuous Emission Monitoring 
System; Description Report; Excess Emission Report; Monitor; State 
Electronic Data Report; and Summary Report.
3. Typographical and Grammatical Corrections to Assorted Sections
    a. The state is making numerous typographical and grammatical 
corrections to several sections. EPA is approving these inconsequential 
corrections in the following sections: R307-170-5 (7); R307-170-7 (6); 
R307-170-7(6)(a) and (b); and in R307-170-9 sections (5)(a) and (b), 
(6)(b), (7)(b), and (9)(a).

IV. Final Action

    EPA is approving the following changes to the Utah Administrative 
Code that were submitted by the Governor on February 7, 2006 and 
effective on January 5, 2006: R307-170-7(1); R307-170-4; R307-170-5 
(7); R307-170-7 (6); R307-170-7(6)(a) and (b); and in R307-170-9 
sections (5)(a) and (b), (6)(b), (7)(b), and (9)(a).
    Section 110(l) of the Clean Air Act states that a SIP revision 
cannot be approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
towards attainment of any National Ambient Air Quality Standards 
(NAAQS) or any other applicable requirements of the Act. The Utah SIP 
revisions that are the subject of this document do not interfere with 
attainment or maintenance of any NAAQS or any other applicable 
requirement of the Act. The Governor's February 7, 2006 submittal 
merely makes changes to the operational audits of Acid Rain monitors 
and inconsequential typographical and grammatical changes. Therefore, 
section 110(l) requirements are satisfied.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments; we are approving one minor change and typographical 
and grammatical corrections to Utah's air quality rules. However, in 
the ``Proposed Rules'' section of today's Federal Register publication, 
EPA is publishing a separate document that

[[Page 64127]]

will serve as the proposal to approve the SIP revision if adverse 
comments are filed. This rule will be effective January 1, 2007 without 
further notice unless the Agency receives adverse comments by December 
1, 2006. If the EPA receives adverse comments, EPA will publish a 
timely withdrawal in the Federal Register informing the public that the 
rule will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 rule 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 January 2, 2007. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Sulfur oxides, Volatile 
organic compounds.

    Dated: September 27, 2006.
Carol Rushin,
Acting Regional Administrator, Region 8.

0
40 CFR part 52 is amended to read as follows:

PART 52--[AMENDED]

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. Section 52.2320 is amended by adding paragraph (c)(64) to read as 
follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (64) Revisions to State Implementation Plan were submitted by the 
State of Utah on February 7, 2006. The revisions are to the Utah 
Administrative Code to revise the continuous emission monitoring 
requirements for performance audits of acid rain monitors and to 
correct several typographical and grammatical errors.
    (i) Incorporation by reference.
    (A) Utah Administrative Code sections: R307-170-7(1); R307-170-4; 
R307-170-5 (7); R307-170-7 (6); R307-170-7(6)(a) and (b); and in R307-
170-9 sections (5)(a) and (b), (6)(b), (7)(b), and (9)(a); effective 
January 5, 2006.

[FR Doc. E6-18377 Filed 10-31-06; 8:45 am]

BILLING CODE 6560-50-P
