[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Proposed Rules]
[Pages 39036-39039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14050]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2022-0186; FRL-9930-01-R8]


Approval and Promulgation of Implementation Plans; State of Utah; 
Revisions to Utah Administrative Code: Environmental Quality; Title 
R307; Air Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Utah Division of Administrative Rules (DAR) 
submitted by the State of Utah on May 21, 2020, May 28, 2020, November 
3, 2020, and November 12, 2020. The revisions to the Utah 
Administrative Code address various State Implementation Plan (SIP) 
changes and updates. Specifically, we are proposing to make clerical 
updates to the General Requirements, Permits, and Emissions Inventory 
rules, including updating the effective date of various code of federal 
regulations (CFR) referenced. Additionally, we are proposing to approve 
changes to several Permits rules including adding new definitions, 
clarifying testing methods, and specifying an emissions limit for 
particulate matter 2.5 (PM2.5) for emissions impact 
analysis. We are also proposing to repeal and replace the Emissions 
Testing rule as well as approve a new rule related to abrasive blasting 
in particular matter 10 (PM10) nonattainment areas. The EPA 
is taking this action pursuant to the Clean Air Act (CAA).

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DATES: Written comments must be received on or before August 1, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2022-0186, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.regulations.gov. The 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. The 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.
    Docket: All documents in the docket are listed in the 
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 electronically in 
www.regulations.gov. To reduce the risk of COVID-19 transmission, for 
this action we do not plan to offer hard copy review of the docket. 
Please email or call the person listed in the FOR FURTHER INFORMATION 
CONTACT section if you need to make alternative arrangements for access 
to the docket.

FOR FURTHER INFORMATION CONTACT: Amanda Brimmer, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, (303) 312-6323, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    Between May 21, 2020, and November 12, 2020, the State of Utah 
submitted multiple SIP revisions for EPA approval including: revisions 
to R307-101 changing the date of the referenced CFR from July 1, 2017 
to July 1, 2019; correction to R307-150-1 rule number reference; repeal 
and replacement of R307-165 related to stack testing; addition of new 
section R307-306, related to abrasive blasting specifically in 
particulate matter (PM) nonattainment and maintenance areas; minor and 
major revisions to R307-401 including additions of new definitions and 
specifying testing methods; clerical updates to R307-405, deleting CFR 
date of July 2018, and renumbering subsections; and clerical revisions 
to R307-410 including removing specific CFR dates and adding an 
emissions limit for PM2.5 to Table 1. The EPA is not 
proposing action at this time on submittals from May 21, 2020 for R307-
401-16, from May 28, 2020 for parts of R307-150 and multiple state 
rules that fall under the R307-500 rule series, and from November 3, 
2020, for R307-150, R307-210, R307-214, and R307-410-5.

II. The EPA's Evaluation

    Section 110(k) of the CAA addresses the EPA's rulemaking action on 
SIP submissions by states. The CAA requires states to observe certain 
procedural requirements in developing SIP revisions for submittal to 
the EPA. Section 110(a)(2) of the CAA requires that each SIP revision 
be adopted after reasonable notice and public hearing. This must occur 
prior to the revision being submitted by a state to the EPA. Guidance 
and policy documents that were used to evaluate enforceability, 
revision/relaxation, and rule stringency requirements for the 
applicable criteria pollutants was the, ``State Implementation Plans; 
General Preamble for the Implementation of Title I of the Clean Air Act 
Amendments of 1990,'' 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 
28, 1992). For clarity, EPA's evaluation is broken out by rule number.

R307-101: General Requirements

    On November 3, 2020, the EPA received a submission from the State 
of Utah for R307-101-3, General Requirements: Version of Code of 
Federal Regulations Incorporated by Reference, which is the general 
version of the CFR incorporation which applies throughout Utah's R307 
rule series, unless otherwise specified in a specific rule. The 
revision updated the referenced effective date of relevant 40 CFR 
references from July 1, 2017, to July 1, 2019. States periodically 
update their SIPs to incorporate by reference the most current 40 CFR 
to correlate environmental regulations. This rule, as submitted by the 
State, does not cover rules that specify their own date for the version 
of the CFR that are incorporated by reference. On July 10, 2020 (85 FR 
41398), we previously acted on R307-101-3, updating the CFR reference 
date and received no comments.
    On March 4, 2020, the Utah Air Quality Board approved for public 
comment revisions for rule R307-101-3. The state public comment period 
ran from April 1 to May 4, 2020. A public hearing was not requested and 
no comments were received. The effective date of this rule was June 4, 
2020. EPA is proposing to approve this revision.

R307-150: Emissions Inventories

    On May 28, 2020, the EPA received a submission from the State of 
Utah for R307-150, Emission Inventories, section 1, which fixes an 
erroneous reference that should have been to R307. This revision did go 
through public comment October 1-November 15, 2017, and received no 
comments. It went into effect March 5, 2018.

R307-165: Emissions Testing

    On November 3, 2020, the EPA received a submission from the State 
of Utah for R307-165, Stack Testing, sections 1 through 6. Due to the 
multitude of changes, the State decided to repeal R307-165, Emission 
Testing and replace it with all new text as R307-165. Stack Testing. 
The replacement text outlines the requirements for notifying, 
conducting, and reporting stack tests to Utah Division of Air Quality 
(UDAQ) and aligns the rule with federal requirements. The revisions 
also aligned the rule with State rule formatting and make clerical 
revisions for general clarity which strengthens the SIP.
    On March 4, 2020, the Utah Air Quality Board approved for public 
comment revisions for rule R307-165. The state public comment period 
ran from April 1 to May 4, 2020. A public hearing was not requested and 
no comments were received. The effective date of this rule was August 
10, 2020. EPA is proposing to approve these revisions.

R307-306: PM10 Nonattainment and Maintenance Areas: Abrasive Blasting

    On November 12, 2020, the EPA received a submission from the State 
of Utah for R307-306, PM10 Nonattainment and Maintenance 
Areas: Abrasive Blasting, sections 1 through 7. The new rule was based 
on language in Utah state rule R307-206, Emission Standards: Abrasive 
Blasting, previously approved

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by EPA in 2006,\1\ with the addition of a few sections and renumbering 
for consistency with State rule formatting. The new rule applies 
specifically to PM10 nonattainment and maintenance areas, 
being effective 180 days after the area is officially designated a 
nonattainment area for PM10 by the EPA. Additionally, 
section R307-306-4 and R307-306-5 were strengthened from prior R307-206 
text, with the standard for opacity being tightened from 40% to 20% and 
adding that visible emissions shall be measured using EPA Method 9. 
Additionally, section R307-306-3 added reference to Utah's SIP Section 
IX, Part H for clarity.
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    \1\ See 71 FR 7679, 2/14/06.
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    On March 9, 2005, the Utah Air Quality Board approved for public 
comment revisions for R307-306. The public comment period for was from 
March 1 to April 2, 2005. In response to public comment, clarifications 
were made to Rule R307-306, but no significant changes were made. 
Additional comments were accepted August 1 to September 2, 2005, on 
these minor revisions. No additional comments were received and the 
rule became effective September 2, 2005. EPA is proposing to approve 
these revisions, including use of Method 9 as an acceptable method 
under 40 CFR part 51 Appendix M--Recommended Test Methods for State 
Implementation Plans.\2\
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    \2\ In 2006, EPA adopted newer testing methods which are 
virtually identical to EPA's Method 9 (found in 40 CFR part 60, 
appendix A), except for the data-reduction procedures, which provide 
for averaging times other than 6 minutes. Therefore, using Method 
203A (found in 40 CFR part 51, appendix M), with a 6-minute 
averaging time would be the same as following EPA Method 9.
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R307-401: Permits: New and Modified

    On May 21, 2020, and May 28, 2020, the EPA received submissions 
from the State of Utah for R307-401, Permit: New and Modified Sources. 
The May 28, 2020 revisions were primarily clerical in nature, updating 
section references, and renumbering or removing numbers as necessary, 
with a few substantive changes . Section R307-401-2 removed subsection 
(1) and added clarifying references. Sections R307-401-4 through R307-
401-6 and R307-401-9 had clerical revisions and updated section 
references. Section R307-401-10 added subsection (5) which included a 
definition for ``well site,'' as defined in 40 CFR 60.5430a, to 
exempted source categories, and a later update added ``centralized tank 
batteries'' for clarification of the section.\3\ Rule R307-401-11 
includes a clerical update to subsection (1)(c) changing 'contaminants' 
to 'pollutants.' Section R307-401-14 through R307-401-16 included 
updated section references.
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    \3\ This revision precedes a previous SIP action by EPA (See 86 
FR 28493, 5/27/2021), which added a subsequent subsection (6), thus 
subsection (6) is being reaffirmed in this action.
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    The May 21, 2020 submission had more substantive revisions, 
including adding definitions to R307-401-2 for ``air strippers,'' 
``soil aeration,'' ``soil vapor extraction,'' and ``vapor mitigation 
system (VMS).'' R307-401-10 was amended to include the addition of a 
new subsection (7) related to the exemption of ``vapor mitigation 
systems,'' which exempts these systems from the New Source Review (NSR) 
permitting process and from the requirements of R307-401-15. Section 
R307-401-15 revisions updated the section title to include 'vapor 
extraction' and added much clarifying text related to air strippers and 
soil vapor extraction including testing and sampling procedures and 
reporting requirements.
    On August 6, 2017 and September 7, 2019, the Utah Air Quality Board 
approved a public comment period for rule R307-401, Permit: New and 
Modified Sources. Public comment was taken October 1 through November 
15, 2017 and September 1-30, 2019, respectively. The 2017 revision to 
R307-401-10 was updated based on received public comment. Revisions 
went into effect March 5, 2018, and March 5, 2020, respectively. EPA is 
proposing to approve these revisions.

R307-405: Permits: Major Sources in Attainment or Unclassified Areas 
(PSD)

    On November 3, 2020, the EPA received a submission from the State 
of Utah for R307-405-2, Permits: Major Sources in Attainment or 
Unclassified Areas (PSD), which streamlines the process for future 
rulemaking, making individual amendments to this rule no longer 
necessary to update their CFR incorporation, as the effected CFR date 
now falls under R307-101-3. On March 4, 2020, the Utah Air Quality 
Board approved this revision for public comment, which ran from April 1 
to May 4, 2020. A public hearing was not requested and no comments were 
received. The effective date of this rule was June 4, 2020. EPA is 
proposing to approve this revision.

R307-410: Permits: Emissions Impact Analysis

    On November 3, 2020, the EPA received a submission from the State 
of Utah for R307- R307-410 Permit: Emission Impact Analysis, for 
sections 3 and 4. Revisions to R307-410-3 is a clerical update, 
removing the effective date of 40 CFR part 51, appendix. W. Revisions 
to R307-410-4 updates Table 1 which adds a PM2.5 significant 
emission rate (SER) modeling threshold of 10 tons per year (tpy) for 
direct emissions of major and minor sources in attainment areas 
established in 40 CFR 51.166(b)(23). This specific addition was done by 
the State in anticipation of an attainment designation of their 
PM2.5 nonattainment areas.
    Although SERs are used for PSD applicability purposes, the State of 
Utah also uses SERs as the modeling threshold for both major and minor 
sources. When an area is designated attainment, modeling is an 
important part of the NSR program to ensure that a modification or new 
source will not cause or contribute to a violation of the National 
Ambient Air Quality Standard (NAAQS). Therefore, the State of Utah 
intends to ensure, through this rule revision, that appropriate 
requirements are established for evaluating the impact of new or 
modified sources upon anticipated redesignation of Utah's 
PM2.5 nonattainment areas. In addition, this revision 
corrects the terminology for the non-fugitive PM10 modeling 
threshold; specifically, the term ``non-fugitive dust,'' which is not 
defined in the Utah administrative rules and is technically incorrect.
    On March 4, 2020, the Utah Air Quality Board approved for public 
comment revisions for rule R307-410-3, which ran from April 1 to May 4, 
2020. A public hearing was not requested and no comments were received. 
The effective date of this rule was June 4, 2020. Additionally, on May 
6, 2020, the Utah Air Quality Board approved for public comment 
revisions to Rule R307-410-4, which ran from June 1 to July 2, 2020. No 
public comments were received nor was a public hearing requested and 
this rule became effective August 6, 2020. EPA is proposing to approve 
both revisions.
    The following rules were submitted to the EPA; however, we are not 
acting on the revisions within this proposed action. We are not 
proposing to act on the State of Utah's rule revision submitted on May 
21, 2020, to R307-401-16. We are also not proposing action on the May 
28, 2020, submittal for R307-150-3, R307-150-9, nor any of the R307-500 
series rules as there is currently not a requirement for the Uinta 
Basin Marginal Nonattainment Area to submit a SIP revision for EPA 
approval under CAA Part D section 182(a).\4\ Additionally, we are not

[[Page 39039]]

proposing to act on the November 3, 2020, submittal related to 
revisions of R307-150-3 and R307-150-9, nor are we approving R307-210, 
R307-214, nor R307-410-5, because authority for these rules has already 
been delegated to the State of Utah.\5\ EPA is working with the State 
of Utah to correct these rules, which will be acted on at some future 
date as applicable.
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    \4\ The State of Utah intends to correct the requested action on 
R307-150, R307-210, R307-214, R307-410-5, and R307-500 series rules 
through withdraw of these submittals.
    \5\ See Delegations of Authority for NSPS and NESHAP Standards 
to States and Tribes in Region 8, https://www.epa.gov/air-quality-implementation-plans/delegations-authority-nsps-and-neshap-standards-states-and-tribes.
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III. Proposed Action

    Based on the above discussion, EPA finds that the proposed 
revisions to R307-101, R307-150, R307-401, R307-405, and R307-410 as 
well new rule R307-306, and the repeal and replacement of R307-165 
would not interfere with attainment or maintenance of any of the NAAQS 
in the State of Utah and would not interfere with any other applicable 
requirement of the CAA and thus is approvable under CAA 110(a)(2)(C), 
40 CFR 51.160-164 and CAA section 110(l). Specifically, we are 
proposing to approve the State of Utah's rule revision submitted on May 
21, 2020, to R307-401-2, R307-401-10, and R307-401-15. Additionally, we 
are proposing to approve the State of Utah's rule revision submitted on 
May 28, 2020, to R307-150-1, R307-401-2, R307-401-4 through R307-401-6, 
R307-401-9 through R307-401-11, R307-401-14 through R307-401-16. 
Additionally, we are proposing to approve the State of Utah's rule 
revision submitted on November 3, 2020, to R307-101-3, R307-165 
sections 1 through 6, R307-405-2, R307-410-3, and R307-410-4. 
Furthermore, we are proposing to approve the State of Utah's rule 
revision submitted on November 12, 2020, to include new rule R307-306, 
sections 1 through 7 into the SIP.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference the UDAQ rules discussed in section I. The EPA 
has made, and will continue to make, these materials generally 
available through www.regulations.gov (please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section of this 
preamble for more information).

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, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve 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).
    In addition, 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 proposed 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 26, 2022.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2022-14050 Filed 6-29-22; 8:45 am]
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