[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Rules and Regulations]
[Pages 27039-27041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12157]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0735; FRL-9994-88-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Revisions to the Utah Division of Administrative Rules; 
R307-101-3

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of revisions to the Utah Administrative Code (UAC), 
specifically R307-101-3 submitted by the State of Utah on October 13, 
2016. This submittal requests a State Implementation Plan (SIP) 
revision to change the date of the referenced Code of Federal Register 
(CFR) from July 1, 2014, to July 1, 2015. This action is being taken 
under section 110 of the Clean Air Act (CAA or Act).

DATES: This rule is effective on July 11, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2018-0735. All documents in the docket are 
listed on the http://www.regulations.gov website. 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: Amrita Singh, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, (303) 312-6103, singh.amrita@epa.gov

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

[[Page 27040]]

I. Background

    On April 9, 2019 (84 FR 14073), the EPA proposed to approve the SIP 
revision to R307-101-3, General Requirements; Version of Code of 
Federal Regulations Incorporated by Reference, where the version of the 
40 CFR is being changed from July 1, 2014, to July 1, 2015. The 
submittal was signed by the Governor on August 17, 2016, and officially 
submitted by the State on October 13, 2016.
    Additionally, within the October 13, 2016 submittal, the Utah 
Division of Air Quality (UDAQ) submitted revisions to R307-210, 
Stationary Sources, Standards of Performance for New Stationary Sources 
and R307-214, National Emissions Standards for Hazardous Air 
Pollutants. On April 9, 2019 (84 FR 14073), the EPA did not propose any 
action on these revisions since these rules have already been 
automatically delegated to the State of Utah.\1\
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    \1\ https://www.epa.gov/region8/delegations-authority-nsps-and-neshap-standards-states-and-tribes-region-8.
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II. Response to Comments

    The EPA did not receive any comments on the proposed action.

III. Final Action

    The EPA is finalizing approval of the SIP revision to R307-101-3, 
General Requirements; Version of Code of Federal Regulations 
Incorporated by Reference, where the date was changed from 2014 to 
2015, signed by the Governor on August 17, 2016, and officially 
submitted by the State on October 13, 2016. Additionally, the EPA is 
finalizing its position to take no action on the revisions made to 
R307-210, Stationary Sources, Standards of Performance for New 
Stationary Sources and R307-214, National Emissions Standards for 
Hazardous Air Pollutants; since these rules have already been 
automatically delegated to the State of Utah.

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 R307-101-
3 into the SIP submitted by the State of Utah as discussed in the 
proposed rule. The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and 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 in the next 
update to the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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, 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 the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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 August 12, 2019. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Greenhouse 
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping

[[Page 27041]]

requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 4, 2019.
Debra Thomas,
Acting Regional Administrator, EPA Region 8.

    40 CFR part 52 is amended 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 for ``R307-101-3'' to read as follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *

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                                                        State         Final rule
           Rule No.                 Rule title     effective date   citation, date             Comments
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                                                  * * * * * * *
R307-101-3....................  Version of Code          8/4/2016  6/11/2019,        ...........................
                                 of Federal                         [Insert Federal
                                 Regulations                        Register
                                 Incorporated by                    citation].
                                 Reference.
 
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[FR Doc. 2019-12157 Filed 6-10-19; 8:45 am]
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