7070 Federal Register / Vol. 79, No. 25 / Thursday, February 6, 2014 / Rules and Regulations 

revised version of its breakdown rule, 

Utah Administrative Code (UAC) R307– 

107, which replaces the prior version of 

UAC R307–107. 

(i) Incorporation by reference. 

(A) Title R307 of the Utah 

Administrative Code, Environmental 

Quality, Air Quality, Rule R307–107, 

General Requirements: Breakdowns. 

Effective July 31, 2012; as published in 

the Utah State Bulletin on March 1, 

2012, modified on July 1, 2012, and 

August 15, 2012. Note: The August 15, 

2012 publication contains a 

typographical error in the title of Rule 

R307–107. 

[FR Doc. 2014–02079 Filed 2–5–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0300; FRL–9903–27– 

Region 8] 

Approval and Promulgation of State 

Implementation Plans; Utah: 

Prevention of Significant Deterioration; 

Greenhouse Gas Permitting Authority 

and Tailoring Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is partially approving and 

partially disapproving revisions to the 

Utah State Implementation Plan (SIP) 

relating to regulation of Greenhouse 

Gases (GHGs) under Utah’s Prevention 

of Significant Deterioration (PSD) 

program and other SIP provisions. 

These revisions were submitted to EPA 

on April 14, 2011 by the Governor. The 

GHG-related SIP revisions are designed 

to align Utah’s regulations with the GHG 

emission thresholds established in 

EPA’s ‘‘PSD and Title V Greenhouse Gas 

Tailoring Final Rule,’’ which EPA 

issued by notice dated June 3, 2010. In 

today’s action, EPA is approving the 

GHG (as it relates to the PSD program) 

revisions because the Agency has 

determined that this SIP revision, which 

is already adopted by Utah as a final 

effective rule, is in accordance with the 

Clean Air Act (CAA or Act) and EPA 

regulations regarding PSD permitting for 

GHGs. 

DATES: This final rule is effective March 

10, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R08–OAR– 

2012–0300. 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 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop St., Denver, Colorado 

80202–1129. 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, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jody 

Ostendorf, Air Program, Mailcode 8P– 

AR, Environmental Protection Agency 

(EPA), Region 8, 1595 Wynkoop St., 

Denver, Colorado 80202–1129, (303) 

312–7814, ostendorf.jody@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background for Our Final Action 

II. What final action is EPA taking? 

III. Statutory and Executive Order Reviews 

I. Background for Our Final Action 

The background for today’s final rule 

and EPA’s national actions pertaining to 

GHGs is discussed in detail in our 

September 5, 2013 proposal (see 78 FR 

54602). The comment period was open 

for 21 days and we received no written 

comments. However, we did receive a 

phone call of clarification from the State 

of Utah, which is explained below and 

documented in a Memo to the Docket 

dated September 30, 2013. 

II. What final action is EPA taking? 

Utah has adopted and submitted 

regulations that are substantively 

similar to the federal requirements for 

the permitting of GHG-emitting sources 

subject to PSD. As presented in our 

proposed notice, we conclude that the 

revisions are consistent with the 

requirements of 40 CFR 51.166, in 

particular the requirements set out in 

EPA’s final GHG Tailoring Rule, and 

that the revisions should be approved 

into Utah’s SIP. 

R307–401–9 (Small Source 

Exemption), was revised by the State to 

exclude sources from the requirement to 

obtain an approval order if their GHG 

emissions are below the thresholds 

established by EPA, and adopted into 

the State rules (R307–401–9(5)). 

Therefore, preconstruction permits for 

GHGs are only required under the PSD 

permitting program, thus exempting 

minor sources from GHG permitting. We 

are approving the rule amendment as 

submitted by the State and this revision. 

R307–405–3 (Definitions), was also 

revised by the State to amend the 

definition of ‘‘subject to regulation’’ to 

include ‘‘greenhouse gases (GHGs)’’ as 

defined in 40 CFR 86.1818–12(a). R307– 

405–3 was modified to establish 

thresholds for permitting of GHGs under 

the PSD program. Definitions for the 

terms ‘‘GHGs’’, ‘‘emissions increase’’ 

and ‘‘tpy CO2 equivalent emissions 

(CO2e)’’, were added to this rule. 

Applicability thresholds for several 

different types of permitting scenarios 

were also added. Therefore, we are 

approving the state’s additions to R307– 

405–3(9) as they are consistent with the 

federal rule provisions in 40 CFR 

51.166(b)(48). 

Our final review determines that there 

are eight provisions in the R307–405–3 

in the State submittal that are identical 

in rule number and language to the 

definitions we approved in our July 15, 

2011 approval (76 FR 41712) and we are 

approving these definitions as 

resubmitted. These provisions include: 

R307–405–3(1)(adopting by reference 

the definitions in 40 CFR 52.21(b) with 

exceptions as noted in the rules); R307– 

405–3(2)(c)(definition of ‘‘Reviewing 

Authority’’); R307–405– 

3(2)(d)(definition of ‘‘Administrator’’); 

R307–405–3(2)(e)(definitions or 

portions of definitions vacated by the 

DC Circuit Court of Appeals on March 

17, 2006); R307–405–3(3)(definition of 

‘‘Air Quality Related Values’’); R307– 

405–3(4)(definition of ‘‘Heat Input’’); 

R307–405–3(7)(definition of ‘‘Good 

Engineering Practice’’); and R307–405– 

3(8)(definition of ‘‘Dispersion 

Technique’’). 

We proposed to approve R307–405– 

3(2)(e) and indicated in our proposal 

that this is a new rule that is not 

currently in the SIP. The rule explains 

that ‘‘certain definitions or portions of 

definitions that apply to the equipment 

repair and replacement provisions are 

not incorporated into the SIP because 

these provisions were vacated by the DC 

Circuit Court of Appeals.’’ Upon further 

research we found that we previously 

approved this rule in our final action on 

July 15, 2011 (76 FR 41712). Therefore, 

we are reapproving the resubmittal of 

this provision. 

Additionally, in our proposed action 

we indicated there is a definition that 

had a new rule number, and upon 

further research we found that we had 

previously approved the definition with 

that rule number in our July 15, 2011 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 25 / Thursday, February 6, 2014 / Rules and Regulations 7071 

1As we explained in our June 12, 2013 notice of 

proposed rulemaking, R307–401–7 revised Utah’s 

public notice procedures to allow for a 10-day 

public comment period for an approval or 

disapproval order issued under R307–401–8. The 

rule allows for the public comment period to be 

increased to 30 days under certain conditions. We 

note that the public comment period for an 

approval or disapproval order currently in Utah’s 

federally approved SIP is 30 days. (See R307–1– 

3.1.3) Federal regulations for Public Availability of 

Information found at 40 CFR 51.161(b)(2) require at 

a minimum a 30-day public comment period for the 

permitting of a source, including minor source 

permits. In addition, the 30-day comment period is 

important to allow adequate opportunity for 

comment by other affected states, federal agencies, 

and the public. 

2 Information regarding the phone conversation 

with the State appears in the Docket in the Memo 

dated September 30, 2013. 

approval, R307–405–3(3)(definition of 

‘‘Air Quality Related Values’’). 

Therefore, we are reapproving the 

resubmittal of this provision. 

We are not acting on four provisions 

in R307–405–3 because we took final 

action on these provisions on October 

25, 2013 (78 FR 63883). Specifically, 

these provisions include: R307–405– 

3(2)(a)(definitions of ‘‘major source 

baseline area’’ and ‘‘minor source 

baseline area’’); R307–405– 

3(b)(definition of ‘‘baseline area’’)’ 

R307–403–3(f)(definition of ‘‘regulated 

NSR pollutant’’). 

We are not acting on rule provisions 

related to the Title V program. There are 

two specific definitions we are not 

acting on: R307–405–3(5)(definition of 

‘‘Title V Permit’’) and R307–405– 

3(6)(definition of ‘‘Title V Operating 

Permit Program’’). The State also 

submitted R307–415–3 (all the 

definitions for the Operating Permit 

Program). We are not acting on these 

definitions and rule in this notice 

because approval of the Title V program 

revisions is handled separately and Title 

V is not part of the SIP. 

Additionally, consistent with our June 

12, 2013 proposal (78 FR 35181), we are 

disapproving the State’s submittal of 

R307–401–7 (Permit: New and Modified 

Sources, Public Notice), which was 

effective in the Utah Administrative 

Code on December 1, 2010.1

Also consistent with our June 2013 

proposal we are partially approving and 

partially disapproving R307–401–9 

(Permit: New and Modified Sources, 

Small Source Exemption). We are 

approving R307–401–9(5), which 

excludes sources whose GHG emission 

are below established EPA thresholds 

for GHG from the requirement to obtain 

an Approval Order. However, we are 

disapproving paragraph (b) and the 

portions of paragraph (c) that reference 

paragraph (b). We are disapproving 

R307–401–9(b) and the phrase ‘‘or (b)’’ 

in paragraph (c) because EPA lacks 

authority in an action on a SIP revision 

under CAA section 110 to approve 

provisions addressing hazardous air 

pollutants. Thus, we are disapproving 

these specific provisions. 

Finally, we proposed to disapprove 

R307–405–3(2)(a)(i), consistent with our 

final action on July 15, 2011 (76 FR 

41712), because it defines ‘‘Major 

Source Baseline Date’’ in a manner 

inconsistent with the federal definition. 

However, as the State explained to us in 

a phone call,2 Utah removed the Major 

Source Baseline Date in a subsequent 

March 19, 2012 SIP submittal. In our 

October 25, 2013 final action (78 FR 

63883) on that submittal, we 

incorporated into the SIP the required 

definition for State programs at 40 CFR 

51.166(b)(14). Therefore, we are not 

taking action on the State’s definition of 

Major Source Baseline Date in this final 

action. 

III. 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, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this final action 

merely approves some state law as 

meeting federal requirements and 

disapproves other state law because it 

does not meet federal requirements; this 

final action does not impose additional 

requirements beyond those imposed by 

state law. For that reason, this final 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 (Public Law 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, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

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 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 April 7, 2014. 

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, Incorporation by 

reference, Intergovernmental relations, 


emcdonald on DSK67QTVN1PROD with RULES
7072 Federal Register / Vol. 79, No. 25 / Thursday, February 6, 2014 / Rules and Regulations 

Reporting and recordkeeping 

requirements. 

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

Dated: November 7, 2013. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

For the reasons set forth above, 40 

CFR part 52 is amended 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—[AMENDED] 

■ 2. Amend § 52.2320 by adding 

paragraph (c)(76) to read as follows: 

§ 52.2320 Identification of plan. 

* * * * * 

(c) * * * 

(76) On April 14, 2011 the State of 

Utah submitted revisions to its State 

Implementation Plan (SIP) that 

contained revised rules, submitted in 

their entirety, pertaining to regulation of 

Greenhouse Gases (GHGs) under the 

State’s Prevention of Significant 

Deterioration (PSD) program. 

(i) Incorporation by reference. 

(A) Title R307 of the Utah 

Administrative Code (UAC), 

Environmental Quality, Air Quality, 

R307–401, Permit: New and Modified 

Sources, R307–401–9, Small Source 

Exemption, (5); and R307–405, Permits: 

Major Sources in Attainment or 

Unclassified Areas (PSD), R307–405–3, 

Definitions, except (2)(a), (b), (f), (5), and 

(6); effective January 1, 2011, as 

published in the Utah State Bulletin on 

September 15, 2010 and December 15, 

2010. 

[FR Doc. 2014–02083 Filed 2–5–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2013–0395; FRL–9904–24– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Utah; 

Revisions to Utah Administrative 

Code—Permit: New and Modified 

Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

partially approve and partially 

disapprove State Implementation Plan 

(SIP) revisions submitted by the State of 

Utah on September 15, 2006. The 

September 15, 2006 revisions contain 

new, amended and renumbered rules in 

Utah Administrative Code (UAC) Title 

R–307 that pertain to the issuance of 

Utah air quality permits. The September 

15, 2006 revisions supersede and 

entirely replace an October 9, 1998 

submittal that initially revised 

provisions in Utah’s air quality permit 

program, and partially supersede and 

replace a September 20, 1999 submittal. 

In this action, we are fully approving 

the SIP revisions in the September 15, 

2006 submittal with the following 

exceptions: we are disapproving the 

State’s rules R307–401–7 (Public 

Notice), R307–401–9(b) and portions of 

(9)(c) (Small Source Exemption), R307– 

401–12 (Reduction in Air 

Contaminants), and R307–410–5 

(Documentation of Ambient Air Impacts 

for Hazardous Air Pollutants); we are 

limitedly approving and limitedly 

disapproving R307–410–6 (Stack 

Heights and Dispersion Techniques); 

and we are not acting on R307–101–2, 

R307–401–14, R307–401–15, and R307– 

401–16 for the reasons explained in this 

action. This action is being taken under 

section 110 of the Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective March 10, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2013–0395. 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 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests 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, 8:00 a.m. to 

4:00 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Leone, Air Program, Mailcode 

8P–AR, Environmental Protection 

Agency, Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129, 

(303) 312–6227, or leone.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Response to Comments 

III. Changes From our Proposed Action and 

Basis for our Final Action 

IV. Final Action 

V. Statutory and Executive Orders Review 

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 words Minor NSR mean NSR 

established under section 110 of the Act 

and 40 CFR 51.160. 

(iv) The initials NSR mean new 

source review, a phrase intended to 

encompass the stationary source 

regulatory programs that regulate the 

construction and modification of 

stationary sources as provided under 

CAA section 110(a)(2)(C), CAA Title I, 

parts C and D, and 40 CFR 51.160 

through 51.166. 

(v) 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. Background 

The CAA (section 110(a)(2)(C)) and 40 

CFR 51.160 require states to have legally 

enforceable procedures in their SIPs to 

prevent construction or modification of 

a source if it would violate any SIP 

control strategies or interfere with 

attainment or maintenance of the 

national ambient air quality standards 

(NAAQS). Such minor new source 

review (NSR) programs are for 

pollutants from stationary sources that 

do not require Prevention of Significant 

Deterioration (PSD) or nonattainment 

NSR permits. A state may customize the 

requirements of its minor NSR program 

as long as the program meets minimum 

requirements. 

On September 15, 2006, Utah 

submitted revisions to its minor source 

NSR program. The September 15, 2006 

revisions supersede and entirely replace 

an October 9, 1998 submittal that 

initially revised provisions in Utah’s air 

quality permit program, and partially 

supersede and replace a September 20, 

1999 submittal that renumbered the 

provisions in the October 9, 1998 

submittal. A cross-walk table comparing 


emcdonald on DSK67QTVN1PROD with RULES