50626 Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations 

1 ‘‘Where an air agency determines that the 

provisions in or referred to by its existing EPA 

approved SIP are adequate with respect to a given 

infrastructure SIP element (or subelement) even in 

light of the promulgation of a new or revised 

NAAQS, the air agency may make a SIP submission 

in the form of a certification.’’ EPA’s ‘‘Guidance on 

Infrastructure State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 110(a)(1) 

and (2),’’ September 13, 2013, at 7. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2013–0561, FRL–9949–99– 

Region 8] 

Promulgation of State Implementation 

Plan Revisions; Infrastructure 

Requirements for the 2008 Lead, 2008 

Ozone, 2010 NO2, 2010 SO2, and 2012 

PM2.5 National Ambient Air Quality 

Standards; Utah 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

State Implementation Plan (SIP) 

revisions from the State of Utah to 

demonstrate the State meets 

infrastructure requirements of the Clean 

Air Act (CAA) for the National Ambient 

Air Quality Standards (NAAQS) 

promulgated for ozone on March 12, 

2008, lead (Pb) on October 15, 2008, 

nitrogen dioxide (NO2) on January 22, 

2010, sulfur dioxide (SO2) on June 2, 

2010 and fine particulate matter (PM2.5) 

on December 14, 2012. The EPA is also 

approving 110(a)(2)(D)(ii) for the 1997 

and 2006 PM2.5 NAAQS. Finally, the 

EPA is approving SIP revisions the State 

submitted regarding state boards. 

DATES: This rule is effective on 

September 1, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2013–0561. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. The 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: 

Abby Fulton, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6563, 

fulton.abby@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Infrastructure requirements for SIPs 

are set forth in Section 110(a)(1) and (2) 

of the CAA. Section 110(a)(2) lists the 

specific infrastructure elements that a 

SIP must contain or satisfy. 

In our proposed rule, the EPA 

proposed to approve and take no action 

on some infrastructure elements for the 

2008 Pb, 2008 ozone, 2010 NO2, 2010 

SO2 and 1997, 2006 and 2012 PM2.5

NAAQS from the State’s certifications.1

In this rulemaking, we are taking final 

action to approve infrastructure 

elements from the State’s certifications. 

We are also taking final action to 

approve new Utah Administrative Code 

(UAC) provisions submitted on March 

14, 2016 to satisfy requirements of 

element (E)(ii), state boards. 

II. Response to Comments 

During the public comment period, 

we received a comment regarding 

regional haze in California national 

parks. This comment does not apply to 

this rulemaking. 

We also received comments from the 

Sierra Club claiming that Utah’s SIP is 

inadequate with respect to air 

monitoring and modeling requirements 

of Sections 110(a)(2)(B) and 110(a)(2)(K) 

for the 2010 SO2 NAAQS. The Sierra 

Club also contends that Utah’s SO2

infrastructure SIP certification does not 

satisfy requirements of CAA Section 

110(a)(1) and (2) because it lacks 

enforceable emission limits to ensure 

the implementation, attainment, and 

maintenance of the 2010 SO2 NAAQS 

within Utah, as well as adequate 

provisions prohibiting sources within 

the State from emitting SO2 in amounts 

which will contribute to nonattainment 

and interfere with maintenance of the 

SO2 NAAQS in neighboring states. 

Comments received from Western 

Resource Advocates (WRA) contend 

that, because of language regarding 

startup, shutdown, and malfunction 

exemptions in Utah’s minor and major 

source permits, Utah’s prevention of 

significant deterioration (PSD) program 

cannot ensure emissions will not cause 

or contribute to a violation of any 

NAAQS or PSD increment, or that 

Utah’s minor source permitting program 

protects NAAQS. WRA therefore asserts 

that Utah’s infrastructure SIP does not 

meet requirements of Section 

110(a)(2)(A) and (C). WRA also states 

that Utah’s infrastructure SIP does not 

meet the requirements of Section 

110(a)(2)(F) because monitoring 

frequency of emissions is inadequate 

and that the State’s SIP does not meet 

the public notice requirements of 

Section 127. 

The EPA generally disagrees with the 

Sierra Club and WRA’s comments. A 

separate document provides detailed 

responses to all significant comments 

received and is included in the docket 

associated with this action. 

III. Final Action 

For reasons expressed in the proposed 

rule and the response to comments 

document, the EPA is taking final action 

to approve infrastructure elements from 

the State’s certifications as shown in 

Table 1. Elements we are taking no 

action on are reflected in Table 2. We 

are also approving new UAC rules that 

the State submitted on March 14, 2016 

to satisfy requirements of Section 

110(a)(2)(E)(ii), which pertains to state 

boards (Table 1). 

A comprehensive summary of 

infrastructure elements and new UAC 

rules being approved into the Utah SIP 

through this final rule action are 

provided in Table 1 and Table 2. 

TABLE 1—LIST OF UTAH INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS APPROVING

Approval 

December 3, 2007 submittal—1997 PM2.5 NAAQS: (D)(ii). 

September 21, 2010 submittal—2006 PM2.5 NAAQS: (D)(ii). 

January 19, 2012 submittal—2008 Pb NAAQS: (A), (C), (D)(i)(II) element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). 

June 2, 2013 submittal—2010 SO2 NAAQS: (A), (C), (D)(i)(II) element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). 


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Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations 50627 

TABLE 1—LIST OF UTAH INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS APPROVING—Continued 

Approval 

January 31, 2013 submittal—2008 Ozone NAAQS: (A), (B), (C), (D)(i)(II) element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). 

January 31, 2013 submittal—2010 NO2 NAAQS: (A), (C), (D)(i)(II) element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). 

December 4, 2015 submittal—2012 PM2.5 NAAQS: (A), (C), (D)(i)(II) element 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). 

March 14, 2016 submittal—New UAC Rules, CAA Section 128: R307–104–1, R307–104–2 and R307–104–3. 

TABLE 2—LIST OF UTAH INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS TAKING NO ACTION ON

No Action 

(Revision to be made in separate rulemaking action) 

January 19, 2012 submittal—2008 Pb NAAQS: (B), (D)(i)(I) elements 1 and 2, (D)(i)(II) element 4. 

January 31, 2013 submittal—2008 Ozone NAAQS: (D)(i)(I) elements 1 and 2, (D)(i)(II) element 4. 

January 31, 2013 submittal—2010 NO2 NAAQS: (B), (D)(i)(I) elements 1 and 2, (D)(i)(II) element 4. 

June 2, 2013 submittal—2010 SO2 NAAQS: (B), (D)(i)(I) elements 1 and 2, (D)(i)(II) element 4. 

December 4, 2015 submittal—2012 PM2.5 NAAQS: (B), (D)(i)(I) elements 1 and 2, (D)(i)(II) element 4. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the UAC 

discussed in section III, Final Action of 

this preamble. 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 

preamble for more information). 

V. Statutory and Executive Orders 

Review 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 Clean Air Act; 

and 

• does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under Section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 3, 2016. 

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, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: July 19, 2016. 

Shaun L. McGrath, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended as follows: 


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50628 Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations 

1Located in 40 CFR part 51, subpart P. 

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 

■ 2. Amend § 52.2320, paragraph (c) 

table, by adding in numerical order, 

center heading ‘‘R307–104. Conflict of 

Interest’’ and entries ‘‘R307–104–01’’, 

‘‘R307–104–02’’, and ‘‘R307–104–03’’ to 

read as follow: 

§ 52.2320 Identification of plan. 

* * * * * 

(c) * * * 

Rule No. Rule title 

State 

effective 

date 

Final rule 

citation, 

date 

Comments 

*******

R307–104. Conflict of Interest 

R307–104–01 ........................... Authority .................................. 6/01/2016 ................................ [Insert Federal Register citation], 8/02/2016. 

R307–104–02 ........................... Purpose ................................... 6/01/2016 ................................ [Insert Federal Register citation], 8/02/2016. 

R307–104–03 ........................... Disclosure of conflict of interest.6/01/2016 ................................ [Insert Federal Register citation], 8/02/2016. 

* * * * * * * 

* * * * * 

■ 3. Amend § 52.2355 by adding 

paragraph (c) to read as follows: 

§ 52.2355 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(c) Gary R. Herbert, Governor, State of 

Utah, provided submissions to meet the 

infrastructure requirements for the State 

of Utah for the 1997 PM2.5 NAAQS on 

December 3, 2007; 2006 PM2.5 NAAQS 

on September 21, 2010; 2008 Pb 

NAAQS on January 19, 2012; 2008 

ozone NAAQS on January 31, 2013; 

2010 NO2 NAAQS on January 31, 2013; 

2010 SO2 NAAQS on June 2, 2013; and 

2012 PM2.5 on December 4, 2015. The 

State’s Infrastructure SIP is approved 

with respect to the 1997 and 2006 PM2.5

NAAQS with respect to CAA Section 

110(a)(1) and element (D)(ii) of Section 

110(a)(2). The State’s Infrastructure SIP 

is approved with respect to the 2008 

ozone NAAQS with respect to CAA 

Section 110(a)(1) and the following 

elements of Section 110(a)(2): (A), (B), 

(C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M). The State’s 

Infrastructure SIP is approved with 

respect to the 2008 Pb, 2010 SO2, 2010 

NO2, and 2012 PM2.5 NAAQS with 

respect to CAA Section 110(a)(1) and 

the following elements of Section 

110(a)(2): (A), (C), (D)(i)(II) prong 3, 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), and 

(M). 

[FR Doc. 2016–18154 Filed 8–1–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0361; FRL–9950–01– 

Region 4] 

Air Plan Approval; Florida; Regional 

Haze Progress Report 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Florida 

through the Florida Department of 

Environmental Protection (FDEP) on 

March 10, 2015. Florida’s March 10, 

2015, SIP revision (Progress Report) 

addresses requirements of the Clean Air 

Act (CAA or Act) and EPA’s rules that 

require states to submit periodic reports 

describing progress towards reasonable 

progress goals (RPGs) established for 

regional haze and a determination of the 

adequacy of a state’s existing SIP 

addressing regional haze (regional haze 

plan). EPA is approving Florida’s 

Progress Report on the basis that it 

addresses the progress report and 

adequacy determination requirements 

for the first implementation period for 

regional haze. 

DATES: This rule will be effective 

September 1, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0361. All documents in the docket 

are listed on the 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 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 Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Mr. 

Lakeman can be reached by phone at 

(404) 562–9043 and via electronic mail 

at lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under the Regional Haze Rule,1 each 

state is required to submit a progress 


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