Air Plan Approval; UT; Revised Format for Material Incorporated by Reference

Federal RegisterJun 16, 2016

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0309; FRL-9945-65-Region 8]

Air Plan Approval; UT; Revised Format for Material Incorporated by Reference

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule; administrative change.

SUMMARY:

The Environmental Protection Agency (EPA) is revising the format of materials submitted by the State of Utah that are incorporated by reference (IBR) into its State Implementation Plan (SIP). The regulations affected by this format change have all been previously submitted by Utah and approved by the EPA.

DATES:

This action is effective June 16, 2016.

ADDRESSES:

The EPA has established a docket for this action under Docket Identification Number EPA-R08-OAR-2014-0309. All documents in the docket are listed on the

http://www.regulations.gov

Web site. Although listed in the index, some information may not be publicly available,

i.e.,

Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in the hard copy form. Publicly available docket materials are available either electronically through

http://www.regulations.gov

or in hard copy at EPA Region 8, Office of Partnerships and Regulatory Assistance, Air Program, 1595 Wynkoop Street, Denver, Colorado 80202-1129. The EPA requests that you

contact the individual listed in the

FOR FURTHER INFORMATION CONTACT

section to view the hard copy of the docket. An electronic copy of the State's SIP compilation is also available at

https://www.epa.gov/approved-sips.

FOR FURTHER INFORMATION CONTACT:

Jaslyn Dobrahner, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Utah 80202-1129, (303) 312-6252,

dobrahner.jaslyn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Change in IBR Format

This format revision will affect the “Identification of plan” section of 40 CFR part 52, as well as the format of the SIP materials that will be available for public inspection at the National Archives and Records Administration (NARA) and the EPA Region 8 Office.

A. Description of a SIP

Each state has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS) and achieve certain other Clean Air Act (Act) requirements (

e.g.,

visibility requirements, prevention of significant deterioration). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring network descriptions, attainment demonstrations, and enforcement mechanisms.

B. How EPA Enforces the SIP

Each SIP revision submitted by Utah must be adopted at the state level after undergoing reasonable notice and public hearing. SIPs submitted to EPA to attain or maintain the NAAQS must include enforceable emission limitations and other control measures, schedules and timetables for compliance.

EPA evaluates submitted SIPs to determine if they meet the Act's requirements. If a SIP meets the Act's requirements, EPA will approve the SIP. EPA's notice of approval is published in the

Federal Register

and the approval is then codified at 40 CFR part 52. Once EPA approves a SIP, it is enforceable by EPA and citizens in federal district court.

We do not reproduce in 40 CFR part 52 the full text of the Utah regulations that we have approved. Instead, we incorporate them by reference or IBR. We approve a given state regulation with a specific effective date and then refer the public to the location(s) of the full text version of the state regulation(s) should they want to know which measures are contained in a given SIP (see I.F.,

Where You Can Find a Copy of the SIP Compilation

C. How the State and EPA update the SIP

The SIP is a dynamic document which the state can revise as necessary to address the unique air pollution problems in the state. Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations.

On May 22, 1997 (62 FR 27968), EPA announced revised procedures for IBR of federally approved SIPs. The procedures announced included: (1) A new process for IBR of material submitted by states into compilations and a process for updating those compilations on roughly an annual basis; (2) a revised mechanism for announcing EPA approval of revisions to an applicable SIP and updating both the compilations and the CFR; and (3) a revised format for the “Identification of plan” sections for each applicable subpart to reflect these revised IBR procedures.

D. How EPA Compiles the SIP

We have organized into a compilation the federally-approved regulations, source-specific requirements and nonregulatory provisions we have approved into the SIP. These compilations may be found at

https://www.epa.gov/approved-sips.

In addition, we maintain hard copies of the compilation which are updated periodically.

E. How EPA Organizes the SIP Compilation

Each compilation contains three parts. Part one contains the state regulations that have been approved, part two contains the source-specific requirements that have been approved as part of the SIP (if any), and part three contains non-regulatory provisions that have been approved. Each compilation contains a table of identifying information for each regulation, each source-specific requirement, and each nonregulatory provision. The state effective dates in the tables indicate the date of the most recent revision to a particular approved regulation. The table of identifying information in the compilation corresponds to the table of contents published in 40 CFR part 52 for the state. The EPA Regional Offices have the primary responsibility for ensuring accuracy and updating the compilations.

F. Where You Can Find a Copy of the SIP Compilation

EPA Region 8 developed and will maintain the compilation for Utah. An electronic copy of the compilation is contained at

https://www.epa.gov/approved-sips.

SIP materials which are incorporated by reference into 40 CFR part 52 are also available for inspection at the following locations: National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to:

http://www.archives.gov/federal-register/cfr/ibr-locations.html,

and the EPA Region 8 Office, 1595 Wynkoop Street, Denver, Colorado 80202.

G. The Format of the New Identification of Plan Section

In order to better serve the public, EPA has revised the organization of the “Identification of plan” section in 40 CFR part 52 and included additional information to clarify the elements of the SIP.

The revised Identification of plan section for Utah contains five subsections:

1. Purpose and scope (see 40 CFR 52.2320(a));

2. Incorporation by reference (see 40 CFR 52.2320(b));

3. EPA-approved regulations (see 40 CFR 52.2320(c));

4. EPA-approved source-specific requirements (see 40 CFR 52.2320(d)); and

5. EPA-approved nonregulatory provisions such as transportation control measures, statutory provisions, control strategies, monitoring networks, etc. (see 40 CFR 52.2320(e)).

H. When a SIP Revision Becomes Federally Enforceable

All revisions to the applicable SIP are federally enforceable as of the effective date of EPA's approval of the respective revision. In general, SIP revisions become effective 30 to 60 days after publication of EPA's SIP approval action in the

Federal Register

. In specific cases, a SIP revision action may become effective less than 30 days or greater than 60 days after the

Federal Register

publication date. In order to determine the effective date of EPA's approval for a specific Utah SIP provision that is listed in 40 CFR 52.2320 (c), (d), or (e), consult the volume and page of the

Federal Register

cited in 40 CFR 52.2320 for that particular provision.

I. The Historical Record of SIP Revision Approvals

To facilitate enforcement of previously approved SIP provisions and to provide a smooth transition to the new SIP processing system, we are retaining the original Identification of plan section (40 CFR 52.2324). This section previously appeared at 40 CFR 52.2320. After an initial two-year period, we will review our experience with the new table format and will decide whether to retain the original identification of plan section (40 CFR 52.2324) for some further period.

II. What EPA is doing in this action?

This action constitutes a “housekeeping” exercise to reformat the codification of the EPA-approved Utah SIP.

III. Good Cause Exemption

EPA has determined that this action falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon a finding of “good cause” authorizes agencies to dispense with public participation, and section 553(d)(3), which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). This action simply reformats the codification of provisions which are already in effect as a matter of law.

Under section 553 of the APA, an agency may find good cause where procedures are “impractical, unnecessary, or contrary to the public interest.” Public comment is “unnecessary” and “contrary to the public interest” since the codification only reflects existing law. Likewise, there is no purpose served by delaying the effective date of this action.

IV. Incorporation by Reference

In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Utah regulations described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available electronically through

www.regulations.gov

and/or in hard copy at the appropriate EPA office (see the

ADDRESSES

section of this preamble for more information).

V. Statutory and Executive Order Reviews

A. General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and is therefore not subject to review by the Office of Management and Budget. This rule is not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. Because the agency has made a “good cause” finding that this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute as indicated in the

SUPPLEMENTARY INFORMATION

section, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601

et seq.

), or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. This rule also does 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), nor will it 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 rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. This rule does not involve technical standards; 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. The rule also does not involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). This rule does not impose an information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.

). EPA's compliance with these statutes and Executive Orders for the underlying rules are discussed in previous actions taken on the state's rules.

B. Submission to Congress and the Comptroller General

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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This action simply codifies provisions which are already in effect as a matter of law in federal and approved state programs. 5 U.S.C. 808(2). As stated previously, EPA has made such a good cause finding and established an effective date of June 16, 2016. 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

. This change to the identification of plan for Utah is not a “major rule” as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

EPA has also determined that the provisions of section 307(b)(1) of the Clean Air Act pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the Utah SIP compilation had previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA sees no need in this action to reopen the 60-day period for filing such petitions for judicial review for this “Identification of plan” reorganization action for Utah.

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.

Dated: May 31, 2016.

Debra H. Thomas,

Acting Regional Administrator, Region 8.

40 CFR part 52 is amended to read as follows:

PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

1. The authority citation for part 52 continues to read as follows:

Authority:

42 U.S.C. 7401

et seq.

Subpart TT—Utah

§ 52.2320

[Redesignated as § 52.2324]

2. Section 52.2320 is redesignated as § 52.2324, and in newly redesignated § 52.2320, revise the section heading and paragraph (a) to read as follows:

§ 52.2324

Original identification of plan.

(a) This section identifies the original “Air Implementation Plan for the State of Utah” and all revisions submitted by Utah that were federally approved prior to March 1, 2016.

3. Add § 52.2320 to read as follows:

§ 52.2320

Identification of plan.

(a)

Purpose and scope.

This section sets forth the applicable State Implementation Plan for Utah under section 110 of the Clean Air Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality standards or other requirements under the Clean Air Act.

(b)

Incorporation by reference.

(1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to March 1, 2016, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as submitted by the state to EPA, and notice of any change in the material will be published in the

Federal Register

. Entries for paragraphs (c) and (d) of this section with EPA approval dates after March 1, 2016, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region 8 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the State Implementation Plan as of March 1, 2016.

(3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129; and the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to

http://www.archives.gov/federal-register/cfr/ibr-locations.html.

(c)

EPA-approved regulations.

Rule No.

Rule title

State effective date

Final rule citation, date

Comments

R307-101. General Requirements

R307-101-1

Foreward

11/8/2012

81 FR 4959, 1/29/16

R307-101-2

Definitions

2/1/2013

81 FR 9343, 2/25/16

Includes nonsignificant change on 7/9/2013.

R307-101-3

Version of Code of Federal Regulations Incorporated by Reference

8/7/2014

81 FR 4957, 1/29/16

R307-102. General Requirements: Broadly Applicable Requirements

R307-102

General Requirements: Broadly Applicable Requirements

11/8/2012

81 FR 4959, 1/29/16

R307-105. General Requirements: Emergency Controls

R307-105-01

Air Pollution Emergency Episodes

9/15/1998

71 FR 7679, 2/14/06

R307-105-02

Emergency Actions

9/15/1998

71 FR 7679, 2/14/06

R307-107. General Requirements: Breakdowns

R307-107

General Requirements: Breakdowns

7/31/2012

79 FR 7067, 2/6/14

R307-110. General Requirements: State Implementation Plan

R307-110-01

Incorporation by Reference

12/6/2012

80 FR 54237, 9/9/15

R307-110-02

Section I. Legal Authority

9/15/1998

71 FR 7679, 2/14/06

R307-110-03

Section II. Review of New and Modified Air Pollution Sources

9/15/1998

71 FR 7679, 2/14/06

R307-110-04

Section III. Source Surveillance

9/15/1998

71 FR 7679, 2/14/06

R307-110-05

Section IV. Ambient Air Monitoring Program

9/15/1998

71 FR 7679, 2/14/06

R307-110-06

Section V. Resources

9/15/1998

71 FR 7679, 2/14/06

R307-110-07

Section VI. Intergovernmental Cooperation

9/15/1998

71 FR 7679, 2/14/06

R307-110-08

Section VII. Prevention of Air Pollution Emergency Episodes

9/15/1998

71 FR 7679, 2/14/06

R307-110-09

Section VIII. Prevention of Significant Deterioration

6/16/2006

76 FR 41712, 7/15/11

R307-110-10

Section IX. Control Measures for Area and Point Sources, Part A, Fine Particulate Matter

9/5/2002

67 FR 78181, 12/23/02

R307-110-11

Section IX. Control Measures for Area and Point Sources, Part B, Sulfur Dioxide

9/15/1998

71 FR 7679, 2/14/06

R307-110-12

Section IX. Control Measures for Area and Point Sources, Part C, Carbon Monoxide

12/2/2004

70 FR 44055, 8/1/05

Only includes provisions incorporated from Section IX, Parts C.6 (Provo), C.7 (Salt Lake City), and Part C.8 (Ogden).

R307-110-13

Section IX. Control Measures for Area and Point Sources, Part D. Ozone

5/2/2007

73 FR 5122, 9/2/08

R307-110-14

Section IX. Control Measures for Area and Point Sources, Part E, Nitrogen Dioxide

9/15/1998

71 FR 7679, 2/14/06

R307-110-15

Section IX. Control Measures for Area and Point Sources, Part F, Lead

9/15/1998

71 FR 7679, 2/14/06

R307-110-16

Section IX. Control Measures for Area and Point Sources, Part G, Flouride

9/15/1998

79 FR 11325, 2/28/14

R307-110-17

Section IX. Control Measures for Area and Point Sources, Part H, Emissions Limits

9/5/2002

67 FR 78181, 12/23/02

R307-110-19

Section XI. Other Control Measures for Mobile Sources

9/15/1998

71 FR 7679, 2/14/06

R307-110-20

Section XII. Transportation Conformity Consultation

5/2/2007

73 FR 51222, 9/2/08

R307-110-21

Section XIII. Analysis of Plan Impact

5/2/2007

73 FR 51222, 9/2/08

R307-110-22

Section XIV. Comprehensive Emission Inventory

9/18/1998

71 FR 7679, 2/14/06

R307-110-23

Section XV. Utah Code Title 19, Chapter 2, Air Conservation Act

9/15/1998

71 FR 7679, 2/14/06

R307-110-24

Section XVI. Public Notification

9/15/1998

71 FR 7679, 2/14/06

R307-110-25

Section XVII. Visibility Protection

9/15/1998

71 FR 7679, 2/14/06

R307-110-26

Section XVIII. Demonstration of GEP Stack Height

9/15/1998

71 FR 7679, 2/14/06

R307-110-27

Section XIX. Small Business Assistance Program

9/15/1998

71 FR 7679, 2/14/06

R307-110-30

Section XXII. General Conformity

9/15/1998

71 FR 7679, 2/14/06

R307-110-31

Section X. Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability

12/6/2012

80 FR 54237, 9/9/15

R307-110-32

Section X. Vehicle Inspection and Maintenance Program, Part B, Davis County

9/15/1998

71 FR 7679, 2/14/06

R307-110-33

Section X. Vehicle Inspection and Maintenance Programs, Part C, Salt Lake County

10/7/2004

70 FR 44055, 8/1/05

R307-110-34

Section X. Vehicle Inspection and Maintenance Program, Part D, Utah County

5/18/2004

70 FR 66264, 11/2/05

R307-110-35

Section X. Vehicle Inspection and Maintenance Program, Part E, Weber County

11/4/2004

70 FR 52467, 9/14/05

R307-110-36

Section X. Vehicle Inspection and Maintenance Program, Part F, Cache County

11/7/2013

80 FR 54237, 9/9/15

R307-110-37

Section XXIII. Interstate Transport

12/6/2012

81 FR 4959, 1/29/16

R307-115. General Conformity

R307-115-01

Determining Conformity

2/8/2008

73 FR 51222, 9/2/08

R307-130. General Penalty Policy

R307-130-01

Scope

9/15/1998

71 FR 7679, 2/14/06

R307-130-02