Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations 54237 

1PM2.5 is Particulate Matter less than or equal to 

2.5 microns in diameter. 

693–4040. Presently, the bridge opens 

on signal for the passage of vessels in 

accordance with 33 CFR 117.5. 

The bridge has a vertical clearance of 

2.4 feet above mean high water, 

elevation 3.0 feet National Geodetic 

Vertical Datum (NGVD) in the closed-tonavigation position and 73 feet above 

mean high water in the open-tonavigation position. Navigation on the 

waterway consists mainly of tugs with 

barges and fishing vessels. Based on 

known waterway users, it has been 

determined that this restriction will not 

have a significant effect on vessels using 

the waterway. An alternate route is 

available via the Company Canal at 

Lockport, LA. 

In accordance with 33 CFR 117.35, 

the bridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: September 2, 2015. 

David M. Frank, 

Bridge Administrator, Eighth Coast Guard 

District. 

[FR Doc. 2015–22513 Filed 9–8–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2014–0370; FRL–9930–71– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Utah; Motor Vehicle Inspection and 

Maintenance and Associated 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Utah on 

January 10, 2013 and January 28, 2014. 

The revisions involve amendments to 

Section X, Vehicle Inspection and 

Maintenance Program, Part A, General 

Requirements and Applicability; the 

addition of Section X, Vehicle 

Inspection and Maintenance Program, 

Part F, Cache County; and revisions to 

Utah Administrative Rules R307–110–1, 

R307–110–31, and R307–110–36. EPA is 

approving these SIP revisions in 

accordance with the requirements of 

section 110 of the Clean Air Act (CAA). 

DATES: This final rule is effective 

October 9, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2014–0370. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 either electronically through 

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 that if at all 

possible, you contact the individual 

listed in 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: Tim 

Russ, Air Program, EPA, Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, (303) 

312–6479, russ.tim@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. What was the State’s process? 

III. EPA’s Evaluation of the State’s Revisions 

to Section X, Vehicle Inspection and 

Maintenance Program, Part A, General 

Requirements and Applicability 

IV. EPA’s Evaluation of the State’s Revisions 

to Section X, Vehicle Inspection and 

Maintenance Program, Part F, Cache 

County 

V. EPA’s Evaluation of the State’s Associated 

Revisions to Utah Rules R307–110–1, 

R307–110–31, and R307–110–36 

VI. Consideration of Section 110(l) of the 

Clean Air Act 

VII. Final Action 

VIII. Incorporation by Reference 

IX. Statutory and Executive Order Reviews 

I. Background 

A. Utah’s Revisions to SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Part A, General Requirements 

and Applicability 

Section X of the Utah SIP addresses 

the provisions and requirements for the 

motor vehicle inspection and 

maintenance (I/M) programs that are 

administered by five counties in Utah. 

Section X of the SIP is divided into six 

subparts ‘‘A’’ through ‘‘F’’; Part A 

addresses general requirements and 

applicability provisions that are 

common to each of the counties’ I/M 

programs, Part B is the Davis County 

vehicle I/M program, Part C is the Salt 

Lake County vehicle I/M program, Part 

D is the Utah County vehicle I/M 

program, Part E is the Weber County 

vehicle I/M program, and Part F is the 

Cache County vehicle I/M program. 

Section X, Part A is entitled ‘‘Vehicle 

Inspection and Maintenance Program, 

General Requirements and 

Applicability.’’ The current version of 

Part A, last approved by EPA on 

November 2, 2005 (70 FR 66264), 

provides a discussion of the federal I/M 

requirements, the aspects of On-Board 

Diagnostics (OBD) tests, a brief history 

of the Utah I/M program and the state’s 

general authority and general 

information regarding the applicability 

of the Utah SIP to such I/M program 

aspects as test frequency, enforcement, 

vehicle registration, and change in 

vehicle ownership. Although 

duplicative, each of the four counties’ 

existing I/M programs, found in Parts B, 

C, D, and E to Section X, contained very 

similar language as provided in Part A. 

By a letter dated January 10, 2013, the 

Governor of Utah submitted a revision 

to Section X, Part A that updates and 

expands Part A to contain the relevant 

brief history of the Utah I/M program, 

the state’s general authority, additional 

language on test types, general public 

information, general enforcement 

provisions which are relevant to the 

four counties implementing an existing 

I/M program, and the new I/M program 

in Cache County. As Part A is applicable 

to all five of the counties’ I/M programs, 

this allows the removal of the 

duplicative general language in existing 

Section X and allows the consolidation 

of the common information and 

provisions in each counties’ I/M 

program into Part A. Each of the 

counties’ I/M programs contained in 

Section X, Parts B through F will then 

reference Part A. 

B. Utah’s Revisions to SIP section X, 

Vehicle Inspection and Maintenance 

Program, To Add Part F, Cache County 

On November 13, 2009 (74 FR 58688), 

EPA designated a portion of Cache 

County, Utah as nonattainment for the 

2006 PM2.5 1 24-hour national ambient 

air quality standard (NAAQS). The 

Cache County portion includes the city 

of Logan, Utah. The nonattainment area, 

which also includes portions of 


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2For further information and citations to the 

relevant Utah statutes that govern rulemaking, 

please refer to the Web site of the Division of 

Administrative Rules: http://www.rules.utah.gov/

Franklin County, Idaho, is identified by 

EPA as ‘‘Logan—UT/ID.’’ 

Through the course of the 

development of a dispersion modeled 

attainment demonstration for Utah’s 

attainment plan, a motor vehicle I/M 

program was identified by the state as 

a reasonable control strategy to achieve 

reductions of PM2.5 precursor emissions 

of nitrogen oxides (NOX) and volatile 

organic compounds (VOC) necessary to 

support the SIP attainment 

demonstration for the Cache County 

portion of the Logan–UT/ID 2006 PM2.5

24-hour NAAQS nonattainment area. 

EPA notes, however, that under the 

applicable subparts of Part D of Title I 

of the CAA for PM2.5 attainment plans, 

subparts 1 and 4, Cache County’s I/M 

program is not a CAA mandatory or 

required I/M program and is therefore 

not held to the same level of applicable 

requirements as found in 40 CFR part 

51, subpart S (hereafter ‘‘40 CFR 51, 

subpart S’’), I/M program requirements. 

As an example, a performance standard 

demonstration is not required for the 

Cache County I/M program. Part F of 

Section X, in conjunction with Section 

X, Part A as discussed above, was 

instead designed by the County and 

state to meet the minimum applicable 

I/M provisions and requirements 

presented in 40 CFR 51, subpart S. It is 

also noted in Part F that although only 

a portion of Cache County was 

designated as nonattainment for the 

2006 PM2.5 24-hour NAAQS, the I/M 

program will be implemented Countywide. 

By a letter dated January 28, 2014, the 

Governor submitted a SIP revision to 

add Section X, Part F, for the new motor 

vehicle I/M program for Cache County. 

As described further below, the Cache 

County I/M program was designed with 

certain necessary components from 40 

CFR 51, subpart S in order to have a 

viable I/M program that helps reduce 

NOX and VOC precursor emissions of 

PM2.5. The I/M program also generates 

emission reductions suitable for use in 

the PM2.5 attainment demonstration that 

was subsequently submitted by Utah to 

EPA on December 16, 2014. 

C. Utah’s Revisions to Rules R307–110– 

1, R307–110–31, and R307–110–36 

The Utah Administrative Code is the 

body of all effective administrative rules 

as compiled and organized by the Utah 

Division of Administrative Rules, Utah 

Department of Administrative Services.2

Utah’s Administrative Rules are a 

portion of Utah’s Codified Law. In Utah, 

statements written by state agencies 

which have the effect of law are called 

administrative rules. Unlike state 

statutes, which change only when the 

Utah Legislature is in session, 

administrative rules change throughout 

the year. A Utah administrative rule 

serves at least two purposes; first, an 

enacted administrative rule has the 

binding effect of law, and second, an 

administrative rule informs citizens of 

actions a state government agency will 

take or how a state agency will conduct 

its business. Under the authority of the 

Utah Air Conservation Act as provided 

in Utah Code Title 19, Chapter 2, the 

Utah Air Quality Board (UAQB) adopts 

certain provisions and requirements 

into the Utah SIP. Those particular SIP 

elements must then be incorporated by 

reference into the appropriate section of 

the Utah Administrative Rules (hereafter 

‘‘Utah Rules’’). 

By letters dated January 10, 2013 and 

January 28, 2014, the Governor 

submitted SIP revisions involving 

updates to sections of the R307–110 

series air quality Utah Rules. The 

Governor’s submittals requested EPA to 

approve actions taken by the UAQB that 

updated three sections of the Utah Rules 

R307–110 series which are entitled 

‘‘General Requirements: State 

Implementation Plan.’’ The three rules 

are: 

1. R307–110–1 which incorporates by 

reference the Utah SIP into the Utah 

Rules and advises the public that the 

SIP is available on the Utah Division of 

Air Quality (UDAQ) Web site. 

2. R307–110–31 which incorporates 

by reference Utah SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Part A, General Requirements 

and Applicability. 

3. R307–110–36 which incorporates 

by reference Utah SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Part F, Cache County. 

D. Proposed rule. 

On November 10, 2014, EPA 

published a proposed rule in the 

Federal Register (see 79 FR 66670) in 

which we fully described and proposed 

approval of the SIP revisions discussed 

above. Our proposed rule provided an 

opportunity for public comment 

through December 10, 2014. We did not 

receive any comments in response to 

our November 10, 2014 proposed rule. 

II. What was the State’s process? 

Section 110(a)(2) of the CAA requires 

that a state provide reasonable notice 

and public hearing before adopting a 

SIP revision and submitting it to us. 

A. The Governor’s January 10, 2013 SIP 

Submittal 

On October 15, 2012, October 16, 

2012, and October 17, 2012 the UAQB 

of the Utah Department of 

Environmental Quality conducted 

public hearings to consider the adoption 

of revisions and additions to the Utah 

SIP and the appropriate sections of the 

Utah Rules. The revisions affecting the 

SIP involved SIP Section X, Vehicle 

Inspection and Maintenance Program, 

Part A, General Requirements and 

Applicability; SIP Section X, Vehicle 

Inspection and Maintenance Program, 

Part F, Cache County; and Utah Rules 

R307–110–1, R307–110–31, and R307– 

110–36. After reviewing and responding 

to comments received before and during 

the public hearings, the UAQB adopted 

the proposed revisions on December 5, 

2012. The SIP and Utah Rule revisions 

became state effective on December 6, 

2012 and were submitted by the 

Governor to EPA by a letter dated 

January 10, 2013. By a subsequent letter 

dated February 25, 2013, Bryce Bird, 

Director, UDAQ submitted the necessary 

administrative documentation that 

supported the Governor’s submittal. 

We evaluated the Governor’s January 

10, 2013 submittal for SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Part A, General Requirements 

and Applicability; SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Part F, Cache County; and 

Rules R307–110–1, R307–110–31, and 

R307–110–36 and determined that Utah 

met the requirements for reasonable 

notice and public hearing under section 

110(a)(2) of the CAA. By operation of 

law under section 110(k)(1)(B) of the 

CAA, the Governor’s January 10, 2013 

submittal was deemed complete on July 

10, 2013. 

B. The Governor’s January 28, 2014 SIP 

Submittal 

On August 7, 2013 the UAQB 

proposed for public comment 

amendments to the Utah SIP for Section 

X, Vehicle Inspection and Maintenance 

Program, Part F, Cache County and Utah 

Rule R307–110–36. These proposed 

revisions superseded and replaced those 

previous revisions to the SIP for Section 

X, Vehicle Inspection and Maintenance 

Program, Part F, Cache County and Utah 

Rule R307–110–36 that the Governor 

had submitted to EPA with his letter to 

EPA dated January 10, 2013. Included 

with the state’s administrative 

documentation for these SIP and Rule 

revisions were letters dated October 23, 

2013 and October 24, 2013 from Bryce 

Bird, Director, UDAQ, to the UAQB. 

Both of these letters indicated that a 


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public comment period was held from 

September 1 through October 1, 2013, 

regarding the proposed Cache County I/ 

M program (ref. October 24, 2013 letter) 

and Utah Rule R307–110–36 (ref. 

October 23, 2013 letter) revisions, and 

that no public comments were received 

and no public hearings were requested. 

In consideration of these two letters, the 

UAQB subsequently adopted the 

proposed revisions on November 6, 

2013. The SIP and Rule revisions 

became State effective on November 7, 

2013, and were submitted by the 

Governor to EPA by a letter dated 

January 28, 2014. By a subsequent letter 

dated February 4, 2014, Bryce Bird, 

Director, UDAQ submitted the necessary 

administrative documentation that 

supported the Governor’s submittal. 

We evaluated Utah’s January 28, 2014 

submittal and determined that the State 

met the requirements for reasonable 

notice and public hearing under section 

110(a)(2) of the CAA. By a letter dated 

June 30, 2014, we advised the Governor 

that the SIP and Rule revisions 

submittal was deemed to have met the 

minimum ‘‘completeness’’ criteria 

found in 40 CFR part 51, Appendix V. 

III. EPA’s Evaluation of the State’s 

Revisions to Section X, Vehicle 

Inspection and Maintenance Program, 

Part A, General Requirements and 

Applicability 

As noted in section I of this action, 

Section X of the Utah SIP addresses the 

provisions and requirements for the 

motor vehicle I/M programs 

administered by five counties in Utah. 

Section X of the SIP is divided into six 

subparts, ‘‘A’’ through ‘‘F,’’ with Part A 

addressing general requirements and 

applicability provisions that are 

common to each of the counties’ I/M 

programs. Section X, Part A is entitled 

‘‘Vehicle Inspection and Maintenance 

Program, General Requirements and 

Applicability,’’ and its current 

provisions and requirements, as 

updated by the Governor’s SIP submittal 

of January 10, 2013, are discussed 

below: 

A. Utah SIP Section X, Part A: 

‘‘Requirements.’’ 

We provided a full analysis of the 

revisions to this section of the SIP in our 

proposed rule of November 10, 2014 (79 

FR 66670). For the specific discussion, 

the reader is directed to section IV of 

our proposed rule which is entitled ‘‘IV. 

EPA’s Evaluation of the State’s 

Revisions to Section X, Vehicle 

Inspection and Maintenance Program, 

Part A, General Requirements and 

Applicability.’’ Please see page 79 FR 

66672. 

B. Utah SIP Section X, Part A: ‘‘General 

Applicability.’’ 

We provided a full analysis of the 

revisions to this section of the SIP in our 

proposed rule of November 10, 2014 (79 

FR 66670). For the specific discussion, 

the reader is directed to section IV of 

our proposed rule which entitled ‘‘IV. 

EPA’s Evaluation of the State’s 

Revisions to Section X, Vehicle 

Inspection and Maintenance Program, 

Part A, General Requirements and 

Applicability.’’ Please see pages 79 FR 

66672 and 66673. 

C. Utah SIP Section X, Part A: ‘‘General 

Summary.’’ 

We provided a full analysis of the 

revisions to this section of the SIP in our 

proposed rule of November 10, 2014 (79 

FR 66670). For the specific discussion, 

the reader is directed to section IV of 

our proposed rule which entitled ‘‘IV. 

EPA’s Evaluation of the State’s 

Revisions to Section X, Vehicle 

Inspection and Maintenance Program, 

Part A, General Requirements and 

Applicability.’’ Please see page 79 FR 

66673. 

Based on EPA’s review of Utah’s 

revisions to SIP Section X, Vehicle 

Inspection and Maintenance Program, 

Part A, Requirements, General 

Applicability, and General Summary 

and in consideration of our full analysis 

as provided in our proposed rule of 

November 10, 2014 (79 FR 66670), we 

have concluded that our approval is 

warranted. As noted in our November 

10, 2014 proposed rule, this conclusion 

incorporates our review of our prior 

approval of this section of the SIP (see 

70 FR 66264, November 2, 2005) and the 

applicable sections of 40 CFR 51, 

subpart S (sections 51.350 to 51.373). 

We have determined that the revisions 

to Section X, Vehicle Inspection and 

Maintenance Program, Part A, 

Requirements, General Applicability, 

and General Summary sufficiently 

address the applicable sections of 40 

CFR 51, subpart S for these particular 

aspects of Utah’s five counties’ I/M 

programs. We, therefore, are approving 

these revisions to the SIP. 

IV. EPA’s Evaluation of the State’s 

Revisions to Section X, Vehicle 

Inspection and Maintenance Program, 

Part F, Cache County 

Section X, Part F of the Utah SIP 

addresses the provisions and 

requirements for the implementation of 

the motor vehicle I/M program in Cache 

County, Utah. Section X, Part F of the 

SIP contains three main components for 

the Cache County I/M program: (a.) The 

SIP language for Section X Part F that 

addresses applicability, a general 

description of the Cache County I/M 

program, and the time frame for 

implementation of the I/M program; (b.) 

the Cache County Emission Inspection/ 

Maintenance Program Ordinance 2013– 

4; and (c.) the Bear River Health 

Department’s Regulation 2013–1. We 

note that the Cache County Ordinance 

2013–4 contains language which 

delegates the implementation of the 

Cache County I/M program to the Bear 

River Health Department (BRHD). All of 

the above documents were adopted by 

the UAQB on November 6, 2013 and 

were included with the Governor’s SIP 

submittal of January 28, 2014. The 

documents were supplemented by the 

February 4, 2014 UDAQ submittal of the 

administrative documentation and are 

discussed in further detail below. 

A. Section X, Vehicle Inspection and 

Maintenance Program, Part F, Cache 

County; Applicability, Description of the 

Cache County I/M Program, and I/M SIP 

Implementation 

1. Applicability. We provided a full 

analysis of the revisions to this section 

of the SIP in our proposed rule of 

November 10, 2014 (79 FR 66670). For 

the specific discussion, the reader is 

directed to section V of our proposed 

rule which entitled ‘‘V. EPA’s 

Evaluation of the State’s Revisions to 

Section X, Part F, Cache County Vehicle 

Inspection and Maintenance Program.’’ 

Please see page 79 FR 66674. 

2. Description of Cache County I/M 

Program. We provided a full analysis of 

the revisions to this section of the SIP 

in our proposed rule of November 10, 

2014 (79 FR 66670). For the specific 

discussion, the reader is directed to 

section V of our proposed rule which is 

entitled ‘‘V. EPA’s Evaluation of the 

State’s Revisions to Section X, Part F, 

Cache County Vehicle Inspection and 

Maintenance Program.’’ Please see page 

79 FR 66674. Our evaluation discussed 

components of the Cache County’s I/M 

program involving such aspects as; 

Network Type, Test Convenience, 

Subject fleet, Station/inspector Audits, 

Waivers, Test frequency, Test 

Equipment, and Test Procedures. 

3. I/M SIP Implementation. Our 

proposed rule of November 10, 2014 (79 

FR 66670) noted on page 79 FR 66674 

that the SIP states the following to 

address I/M implementation: ‘‘The I/M 

program ordinance, regulations, 

policies, procedures, and activities 

specified in this I/M SIP revision shall 

be implemented by January 1, 2014 and 

shall continue until a maintenance plan 

without an I/M program is approved by 

EPA in accordance with Section 175 of 

the Clean Air Act.’’ 


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3See EPA Office of Transportation and Air 

Quality: ‘‘Best Practices for Addressing OBD 

Readiness in IM Testing of Diesel Vehicles Under 

14,000 Pounds Gross Vehicle Weight Rating,’’ 

March 07, 2013. 

B. Section X, Vehicle Inspection and 

Maintenance Program, Part F, Cache 

County; Appendix 1, Cache County 

Emission Inspection/Maintenance 

Program Ordinance 2013–4 

We provided a full analysis of the 

revisions to this section of the SIP in our 

proposed rule of November 10, 2014 (79 

FR 66670). For the specific discussion, 

the reader is directed to section V of our 

proposed rule which is entitled ‘‘V. 

EPA’s Evaluation of the State’s 

Revisions to Section X, Part F, Cache 

County Vehicle Inspection and 

Maintenance Program.’’ Please see page 

79 FR 66674. Our evaluation discussed 

components of the Cache County’s I/M 

program involving such aspects as: 

Section 1, Purpose; section 2, Powers 

and Duties; section 3, General 

Provisions; section 4, Guidelines to be 

Followed by the Bear River Board of 

Health in Implementing a Vehicle 

Emission Inspection and Maintenance 

Program in Cache County; section 5, 

Review of Need for Program; and section 

6, Effective Date. Of particular note is 

section 2.3, which delegates 

implementation of the I/M program to 

the BRHD, and section 4, which sets 

several of the parameters for BRHD’s 

program implementation, including test 

schedules, fees, and waivers. 

C. Section X, Vehicle Inspection and 

Maintenance Program, Part F, Cache 

County; Appendix 2, Bear River Health 

Department Regulation 2013–1 

This section of the SIP provides the 

BRHD’s I/M regulation. The Cache 

County I/M program is not a CAA 

mandated program and is, therefore, 

allotted a certain amount of flexibility in 

the level of applicable requirements as 

compared to a CAA or otherwise 

required mandatory I/M program. The 

purpose of the Cache County I/M 

program is to achieve reductions in 

PM2.5 NAAQS precursor emissions of 

NOx and VOCs, to improve air quality, 

and to provide emission reductions for 

use in a dispersion modeled SIP 

attainment demonstration. To facilitate 

these objectives, EPA’s analysis of the 

BRHD’s Regulation 2013–1 included a 

comparison of the BRHD’s Regulation 

2013–1 to applicable sections of 40 CFR 

51, subpart S ‘‘Inspection/Maintenance 

Program Requirements.’’ EPA’s analysis 

of the BRHD’s Regulation 2013–1 was 

accomplished as described below. 

EPA reviewed the BRHD’s Regulation 

2013–1 for consistency with appropriate 

sections of the federal I/M regulations, 

as applicable to a non-mandatory I/M 

program, as codified in 40 CFR 51, 

subpart S, sections 51.350 through 

51.373. We provided a full analysis of 

the revisions to this section of the SIP 

in our proposed rule of November 10, 

2014 (79 FR 66670). For the specific 

discussion, the reader is directed to 

section V of our proposed rule which 

entitled ‘‘V. EPA’s Evaluation of the 

State’s Revisions to Section X, Part F, 

Cache County Vehicle Inspection and 

Maintenance Program.’’ Please see pages 

79 FR 66674 through 66678. Our 

evaluation discussed components of 

Cache County’s I/M program, with 

specific references to the particular 

sections of the BRHD’s Regulation 

2013–1 and how they appropriately 

addressed the applicable federal 

requirements including: 40 CFR 

51.350—Applicability; 40 CFR 51.351— 

Enhanced I/M Performance Standard 

and 40 CFR 51.352—Basic I/M 

Performance Standard; 40 CFR 51.353— 

Network Type; 40 CFR 51.354— 

Adequate Tools and Resources; 40 CFR 

51.355—Test Frequency and 

Convenience; 40 CFR 51.356—Vehicle 

Coverage; 40 CFR 51.357—Test 

Procedures and Standards; 40 CFR 

51.358—Test Equipment; 40 CFR 

51.359—Quality Control; 40 CFR 

51.360—Waivers; 40 CFR 51.361— 

Motorist Compliance Enforcement; 40 

CFR 51.362—Motorist Compliance 

Enforcement Program Oversight; 40 CFR 

51.363—Quality Assurance; 40 CFR 

51.364—Enforcement Against 

Contractors, Stations, and Inspectors; 40 

CFR 51.365—Data Collection; 40 CFR 

51.366—Data Analysis and Reporting; 

40 CFR 51.367—Inspector Training and 

Licensing or Certification; 40 CFR 

51.368—Public Information and 

Consumer Protection; 40 CFR 51.369— 

Improving Repair Effectiveness; 40 CFR 

51.370—Compliance with Recall 

Notices; 40 CFR 51.371—On-road 

Testing; 40 CFR 51.372—State 

Implementation Plan Submittals; and 40 

CFR 51.373—Implementation 

Deadlines. 

D. Conclusion 

Our review, as presented in our 

November 10, 2014 proposed rule (79 

FR 66670) and reiterated herein, 

involved: (1.) Section X, Part F, Vehicle 

Inspection and Maintenance Program, 

(2.) Section X, Part F, Appendix 1, 

which is the Cache County Ordinance 

2013–4, and (3.) Appendix 2, which is 

the BRHD’s Regulation 2013–1, all as 

compared to the applicable provisions 

of 40 CFR 51, subpart S for a nonmandatory I/M program. Based on our 

review, we have determined that the SIP 

revisions sufficiently address the 

applicable provisions in 40 CFR 51, 

subpart S for a non-mandatory I/M 

program and that our approval is 

warranted. We are, therefore, approving 

the Cache County I/M program as 

described and authorized in Section X, 

Vehicle Inspection and Maintenance 

Program, Part F, which includes 

Appendix 1 which is the Cache County 

Ordinance 2013–4, and Appendix 2 

which is the BRHD’s Regulation 2013– 

1. 

E. Special Consideration of the Diesel I/ 

M Provisions in the BRHD’s Regulation 

2013–1 

As we discussed in our proposed rule 

(79 FR 66670, November 10, 2014), the 

Cache County I/M program is not a CAA 

mandatory or otherwise required I/M 

program. EPA takes note of the 

provisions in the BRHD’s Regulation 

2013–1, Section 9.4.6, which states that 

‘‘[a]ll diesel powered vehicles model 

year 1998 and newer shall be tested as 

specified in Appendix D, Diesel Test 

Procedures.’’ Appendix D of Regulation 

2013–1 is entitled ‘‘Test Procedures’’ 

and contains test procedures for OBDII, 

Two Speed Idle (TSI), and for Diesel 

Powered Vehicles. 

At this time, EPA has not 

promulgated specific I/M requirements 

for diesel I/M programs. We have, to 

date, only issued policy guidance 

regarding the gathering of OBD 

information from OBD-equipped diesel 

vehicles.3 As such, we do not have 

regulatory language in 40 CFR 51, 

subpart S to compare the diesel I/M 

requirements in the BRHD’s Regulation 

2013–1 for potential SIP approval and 

SIP credit. However, EPA does believe 

the above noted diesel I/M provisions in 

the BRHD’s Regulation 2013–1 have 

potential merit for evaluating diesel 

vehicles and for reducing emissions 

from diesel vehicles. We are therefore 

also approving the diesel I/M provisions 

in the BRHD’s Regulation 2013–1; 

however, our approval is only for the 

purposes of strengthening the SIP and 

we are not approving the provisions as 

a diesel I/M program nor assigning any 

SIP credit. 

V. EPA’s Evaluation of the State’s 

Associated Revisions to Utah Rules 

R307–110–1, R307–110–31, and R307– 

110–36 

A. Revisions to Utah Rule R307–110–1; 

Incorporation by Reference 

As discussed in our proposed rule of 

November 10, 2014 (79 FR 66670), the 

purpose of the revisions to R307–110– 

1 is to incorporate by reference the Utah 

SIP into this section of the Utah 


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Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations 54241 

4 In the February 25, 2013 letter from Bryce Bird, 

Utah proposed to renumber Utah Rule R307–110– 

36, Section XXIII, Interstate Transport to Utah Rule 

R307–110–37. EPA plans to take action on that 

request in a different rulemaking. By approving 

R307–110–36, Section X, Vehicle Inspection and 

Maintenance Program, Part F, Cache County in this 

action, EPA is not superseding or removing R307– 

110–36, Section XXIII, Interstate Transport from the 

federally-enforceable SIP. 

Administrative Rules and to advise the 

public that the SIP is available on the 

UDAQ’s Web site. EPA finds this an 

administrative revision that merely 

incorporates the Utah SIP into the 

State’s Rules, which are a portion of 

Utah’s Codified Law, along with 

providing the public information that 

the SIP can be accessed via the internet 

on the UDAQ’s Web site. The revisions 

to R307–110–1 were adopted by the 

UAQB on December 5, 2012, became 

state-effective on December 6, 2012, and 

were as submitted by the Governor by 

a letter dated January 10, 2013. By a 

subsequent letter dated February 25, 

2013, Bryce Bird, Director, UDAQ, 

submitted the necessary administrative 

documentation that supported the 

Governor’s submittal. 

B. Revisions to Utah Rule R307–110–31; 

Section X, Vehicle Inspection and 

Maintenance Program, Part A, General 

Requirements and Applicability 

As discussed in our proposed rule of 

November 10, 2014 (79 FR 66670), the 

purpose of the revisions to R307–110– 

31 is to incorporate by reference into the 

Utah Rules, SIP Section X, Vehicle 

Inspection and Maintenance Program, 

Part A, General Requirements and 

Applicability, as adopted by the UAQB 

on December 5, 2012, and which 

became state-effective on December 6, 

2012. The revisions to SIP Section X, 

Part A, were those as we discussed 

above in sections I, II, and III of this 

action, and in our proposed rule, and 

were as submitted by the Governor by 

a letter dated January 10, 2013. By a 

subsequent letter dated February 25, 

2013, Bryce Bird, Director, UDAQ, 

submitted the necessary administrative 

documentation that supported the 

Governor’s submittal. 

C. Revisions to Utah Rule R307–110–36; 

Section X, Vehicle Inspection and 

Maintenance Program, Part F, Cache 

County 

As discussed in our proposed rule of 

November 10, 2014 (79 FR 66670), the 

purpose of the revisions to R307–110– 

36 is to incorporate by reference into the 

Utah Rules, SIP Section X, Vehicle 

Inspection and Maintenance Program, 

Part F, Cache County, as initially 

adopted by the UAQB on December 5, 

2012, and as superseded by the 

revisions as adopted by the UAQB on 

November 6, 2013. Those revisions that 

were adopted by the UAQB on 

November 6, 2013, became Stateeffective on November 7, 2013, and are 

the revisions to SIP Section X, Part F 

that we discussed above in sections I, II, 

and IV of this action and in our 

proposed rule. The November 7, 2013, 

effective revisions were submitted by 

the Governor by a letter dated January 

28, 2014 and were supported by a 

subsequent letter, dated February 4, 

2014, from Bryce Bird, Director, UDAQ, 

which submitted the necessary 

administrative documentation. 

The revisions to Utah Rules R307– 

110–1, R307–110–31, and R307–110–36, 

as discussed in our proposed rule (79 

FR 66670, November 10, 2014) and 

herein, incorporate by reference the 

applicable SIP revisions into the Utah 

Administrative Rules which then 

codifies them in the Utah 

Administrative Code. This is acceptable 

to EPA and we are, therefore, approving 

these SIP revisions to Utah Rules R307– 

110–1, R307–110–31, and R307–110–36. 

VI. Consideration of Section 110(l) of 

the Clean Air Act 

Section 110(l) of the CAA 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 a 

NAAQS or any other applicable 

requirement of the CAA. The provisions 

of Utah SIP Section X, Part A contain I/ 

M provisions that were previously 

approved by EPA and were also 

simultaneously contained in the Utah’s 

SIP Section X for each of the county’s 

I/M programs (i.e., Part B, Part C, Part 

D, and Part E). The SIP revisions to 

Section X, Part A do not weaken the 

previously approved requirements and 

provisions in Section X, Part A of the 

SIP, nor do they reduce the emission 

reductions achieved by the original 

program areas. Instead, the revisions to 

SIP Section X, Part A reorganize and 

expand the existing requirements and 

provisions, to reflect the redundant 

language that previously appeared in 

Parts B, C, D, and E, and to expand SIP 

Section X, Part A to include the Cache 

County I/M program (Part F). The 

revisions to SIP Section X, Part F 

incorporate a new I/M program for 

Cache County that will help to reduce 

PM2.5 precursor emissions of NOx and 

VOCs. The revisions to Utah Rules 

R307–110–1, R307–110–31, and R307– 

110–36 merely incorporate by reference 

the applicable SIP revisions into the 

Utah Administrative Rules which then 

codifies them in the Utah 

Administrative Code. In view of the 

above, EPA finds that the revisions to 

Utah SIP Section X, Part A, Utah SIP 

Section X Part F, and Utah Rules R307– 

110–1, R307–110–31, and R307–110–36 

will not interfere with attainment, 

reasonable further progress, or any other 

applicable requirement of the CAA. 

VII. Final Action 

EPA is approving the January 10, 2013 

submitted SIP revisions to Utah’s SIP 

Section X, Vehicle Inspection and 

Maintenance Program, Part A, General 

Requirements and Applicability, and to 

Utah Rules R307–110–1 and R307–110– 

31. In addition, EPA is approving the 

January 28, 2014 submitted SIP 

revisions to Utah’s SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Part F, Cache County, with 

clarification below, and to Utah Rule 

R307–110–36.4 EPA clarifies that with 

its approval of Utah’s SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Part F, Cache County, 

Appendix 2, the provisions in the 

BRHD’s Regulation 2013–1, Section 

9.4.6 and the diesel test procedures as 

specified in BRHD’s Regulation 2013–1, 

Appendix D are being approved only for 

purposes of strengthening the SIP. 

These provisions are not being approved 

as a diesel I/M program and are not 

being assigned any SIP credit. 

VIII. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, EPA is finalizing the 

incorporation by reference of the Utah 

SIP materials and rules described in the 

amendments to 40 CFR part 52 set forth 

below. The 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 rule’s 

preamble for more information). 

IX. 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 Clean Air 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 Clean Air Act. Accordingly, this 

action merely approves state law as 

meeting federal requirements and does 

not impose additional requirements 


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54242 Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations 

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 se.); 

• 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 se.); 

• 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 Clean Air Act; 

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). 

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 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. 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 November 9, 

2015. 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 CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, and Volatile organic 

compounds. 

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

Dated: July 1, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended as follows: 

PART 52 [AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart TT—Utah 

■ 2. Section 52.2320 is amended by 

adding paragraph (c)(80) to read as 

follows: 

§ 52.2320 Identification of plan. 

* * * * * 

(c) * * * 

(80) Revisions to the Utah State 

Implementation Plan involving Section 

X, Vehicle Inspection and Maintenance 

Program, Part A, General Requirements 

and Applicability, and Utah Rules 

R307–110–1 and R307–110–31. The 

Utah Air Quality Board (UAQB) adopted 

these SIP revisions on December 5, 

2012, they became state effective on 

December 6, 2012, and were submitted 

by the Governor to EPA by a letter dated 

January 10, 2013. In addition, revisions 

to the Utah State Implementation Plan 

involving; Section X, Vehicle Inspection 

and Maintenance Program, Part F, 

Cache County and Utah Rule R307–110– 

36 were submitted for Agency action. 

These SIP revisions were adopted by the 

UAQB November 6, 2013, they became 

State effective on November 7, 2013, 

and were submitted by the Governor to 

EPA by a letter dated January 28, 2014. 

(i) Incorporation by reference. 

(A)(1) Utah Rules R307, 

Environmental Quality, Air Quality, 

R307–110, General Requirements: State 

Implementation Plan, R307–110–1, 

Incorporation by Reference, and R307– 

110–31, Section X, Vehicle Inspection 

and Maintenance Program, Part A, 

General Requirements and 

Applicability; effective December 6, 

2012, as proposed in the Utah State 

Bulletin on October 1, 2012, and 

published as adopted in the Utah State 

Bulletin on January 1, 2013. 

(2) Section X, Vehicle Inspection and 

Maintenance Program, Part A, General 

Requirements and Applicability, 

adopted by the Utah Air Quality Board 

on December 5, 2012. (B)(1) Utah Rule 

R307, Environmental Quality, Air 

Quality, R307–110, General 

Requirements: State Implementation 

Plan, R307–110–36, Section X, Vehicle 

Inspection and Maintenance Program, 

Part F, Cache County; effective 

November 7, 2013, as proposed in the 

Utah State Bulletin on September 1, 

2013, and published as adopted in the 

Utah State Bulletin on December 1, 

2013. 

(2) Section X, Vehicle Inspection and 

Maintenance Program Part F, Cache 

County, adopted by the Utah Air Quality 

Board on November 6, 2013. 

* * * * * 

[FR Doc. 2015–22594 Filed 9–8–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0506; FRL–9930–04] 

Cyprodinil; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of cyprodinil in 

or on multiple commodities that are 

identified and discussed later in this 

document, and removes the established 

tolerance on fruit, stone, group 12. 

Interregional Research Project Number 4 


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