ENVIRONMENTAL PROTECTION AGENCY 40 CFRPart 52 EPA-ROS-OAR-2012-0168; FRL-9756-5 Approval and Promulgation ofAir Quality Implementation Plans; Utah; Revisions to UAC Rule 401- Permit: New and Modified Sources

AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is taking final action to approve State Implementation Plan revisions submitted by the State ofUtah on April 17, 2008 and partially approve SIP revisions submitted by the State ofUtah on September 15, 2006. The revisions containnew rules in Utah's Title 307 Rule 401 (Permit: New and Modified Sources). The intended effect ofthis action is to propose to approve the rules that are consistent with the Clean Air Act. This action is being taken under sections 110 and 112 ofthe Clean Air Act. DATES: This final rule is effective [insert date 30 days after publication in the Federal Register]. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R08- OAR-2012-0168. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI orother information whose disclosure is restricted by statute. Certain othermaterial, such as copyrighted material, will be publicly available onlyinhard copy. Publicly available docket materials are available either electronically in www.regulations.gov orin hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado

180202-1129. EPA requests you contact the individual listed in the FORFURTHER INFORMATION CONTACT section to view the hard copy ofthe docket. Youmayview the hard copy ofthe docket Mondaythrough Friday, 8:00a.m. to 4:00p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Kevin Leone, AirProgram, Mailcode SPAR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, or leone.kevin@epa.gov. SUPPLEMENTARY INFORMATION: Table ofContents 1. What Action is EPA Taking? A. Summary ofFinal Action II. Background III. What are the Grounds for this Approval Action IV. Summary ofFinal Action V. Statutory and Executive OrderReviews Definitions For the purpose ofthis document, we are giving meaning to certain words or initials as follows: (i) The words or initials Act or CAAmean orrefer to the Clean AirAct, unless the context indicates otherwise. (ii) The words EPA, we, us orourmean orrefer to the United States Environmental Protection Agency. (iii) The initials HAP mean orrefer to Hazardous AirPollutant. (iv) The initials MACT mean orrefer to Maximum Achievable Control Technology. 2(v) The initials NAAQS mean orrefer to National Ambient Air Quality Standards. (vi) The initials NSR mean orrefer to New Source Review. (vii) The initials SIP mean orreferto State ImplementationPlan. (viii) The words State orUtah mean the State ofUtah, unless the context indicates otherwise. (ix) The initials UAC mean orrefer to the Utah Administrative Code. I. What Action is EPA Taking? A. Summary of FinalAction We are taking final action to approve the renumbering ofR307-413-7 to R307-401-14 (Used Oil Fuel Burned for EnergyRecovery) as submitted bythe State ofUtahon September 15, 2006; changes to the definition of"Boiler" in R307-401-14(1), as submittedbythe State ofUtah

on April17, 2008; and conditionally approve R307-401-15 and approve R307-401-16 as submitted on September 15, 2006. EPAproposed an action for the above SIP revision submittals onJune 25,2012, (77 FR 37859.) We accepted comments from the public on this proposal from June 26, 2012, until July 25,2012. EPA received no comments during the public comment period. In the proposed rule,

we described ourbasis for the actions identified above. Thereader shouldrefer to the proposed rule, and sections III and IV ofthis preamble, for additional information regarding this final action. EPA reviews a SIP revision submission for its compliance with the Act and EPA regulations. We evaluated the submitted SIP revisions for Utah's minorNSRregulations based upon the regulations and associated record that havebeen submitted and are currentlybefore EPA. 

### In order for EPAto ensure that Utah has regulations that meet the requirements ofthe CAA, the State must demonstrate the regulations are as stringent as the Act and the 3implementing regulations discussed inthis notice. For example, EPAmust have sufficient information to make a finding that the new regulations will ensureprotection ofthe NAAQS, and noninterference with the Utah SIP control strategies, as required by section 110(1) oftheAct. II. Background On September 20, 1999, the State ofUtah submitted a renumbering and recodification of its Utah Administrative Code (UAC) rules within the Utah SIP. EPAtook final action to approve portions ofthis submittal onFebruary 14,2006 (71 FR7670). Inthat action EPA approved the recodification ofR307-413-7 (Exemption from Notice oflntentRequirements for Used Oil Fuel Burned for EnergyRecovery, previously found underR307-7-2 and 3). On September 15, 2006, the State ofUtah again submitted a renumbering and recodification ofits UAC rules within the Utah SIP which renumbered R307-413-7 to R307-401-14 (Used Oil Fuel Burned for Energy Recovery). We are taking final action to approve this renumbering in this action. On April17, 2008, the State ofUtah submitted a revision to R307-401-14 which changed the definition of"Boiler." We are taking final action to approve this definition change inthis 

### action. On October 1, 1990, R307-6 (De minimis Emissions from Air Strippers and Soil Venting Projects) was approved into the Utah SIP. On August 14, 1998, EPA approvedrevisions to R307-6 (63 FR43624). OnJanuary 8, 1999, Utah submitted substantive revisions to R307-6, which also renumbered R307-6 to R307-413-8 and R307-413-9. EPA did not act on this submittal. On September 15, 2006, Utah submittedrevisions which moved R307-413-8 and R307-413-9 to R307-401-15 (Air Strippers and Soil Venting Projects) and R307-401-16 (De minimis Emissions from Soil Aeration Projects). Utah's January 8, 1999, submittal is 4superceded bythe September 15, 2006, submittal. EPA is taking final action to conditionally approve R307-401-15 and approve R307-401-16 as submitted on September 15, 2006, in this action. All otherportions ofthe September 15, 2006, submittal not addressed in this action will be addressed at a later date. IV. What are the Grounds for this Approval Action In this final rulemaking, we are taking final action to approve the renumbering ofR307- 413-7 to R307-401-14 (Used Oil Fuel Burned for EnergyRecovery) as submitted by the State of Utah on September 15, 2006, because this provision had beenpreviously approved into the Utah SIP (71 FR 7670) and the revision does not contain substantive changes to the rule. We are also clarifying that R307-401-14(3) refers to the owner oroperator ofa boiler as described in R307- 401-14(1). We are taking final action to approve changes to the definition of"Boiler" in R307-401- 14(1) as submittedbythe State ofUtah on April17, 2008, in this action. The current federally approved definition of"Boiler" in R307-413-7 references Utah's solid and hazardous waste definition of"Boiler" in R315-1-1 as it was defined in 40 CFR 260.10, as amended on July 1, 2002. Utah's current federally approved version ofR315-1-1 incorporates byreference 40 CFR 260.10, as amended on July 1, 2008. Since there is no substantive difference between 40 CFR 260.10, as amended on July 1, 2002, and 40 CFR260.10, as amended onJuly 1, 2008, we are taking final action to approve this definition change in R307-401-14. We are taking final action to conditionally approve R307-401-15 and approve R307-401- 16 as submitted on September 15, 2006, in this action. CAA 110(k)(4) states "The administrator may approve a plan revision based on a commitment ofthe State to adopt specific enforceable 

### 5measures by a date certain, but not laterthan 1year after the date ofapproval ofthe plan revision. Any such conditional approval shall be treated as a disapproval ifthe state fails to comply with such commitment". We are taking final action to conditionally approve R307-401-15 becauseR307-401- l5(3) allows for a "test or monitoring method approved bythe executive secretary," which is director's discretion. Utah submitted a letter to EPA on February 24,2012, committing to revise R307-401-15(3) to remove the executive secretary's discretion to approve alternate test or monitoring methods (see docket). Utah must submit a SIP revision to change orremove this language not laterthan one year after the date offinal publication ofon this rulemaking. If, however, Utah does not submit such a revision within this timeframe, EPA's conditional approval ofR307-401-15(3) will revert to a disapproval. R307-401-15 and R307-401-16 allows all air stripper, soil venting and soil aeration projects to be exempt from notice ofintent and approval orderrequirements ifthe estimated actual air emissions from volatile organic compounds from a given project are less than 5 tons per year (R307-401-9(1)(a)) and the level ofany onehazardous airpollutant (HAP) or combination ofHAPs are less than the levels listed inR307-410-4(1)(d) (Toxic Screening Levels and Averaging Periods). EPA has approved similar de minimis thresholds for criteriapollutants in past rulemakings: The State ofIdaho's permit to construct regulations, which were approved final on January 16, 2003 (68 FR 2217); and the State ofMontana's exclusion for de minimis changes, which were approved final on February 13,2012 (77 FR 7531). R307-401-15 and R307-401-16 contain provisions which are smaller innature and scope than the previously approved rulemakings, as they generally only applyto the remediation ofunderground storage tanks. EPA finds the revisions would not interfere with any applicable requirement concerning 6attainment ofthe NAAQS, rate ofprogress and reasonable further progress (as defined in section 171), or any other applicable requirement ofthis Act. Areview ofair stripper, soil venting and soil aeration projects from 2008

- 2010 which

were exempted from notice ofintent and approval orderrequirements under R307-401-15 and R307-401-16 show negligible criteriapollutant emissions (see docket). In addition, data from the Utah leaking underground storage tank program shows a significant decrease in the number ofnew cleanups initiated overthe last 10 years (see docket). These provisions meet the requirements of40 CFR 51.160 because they require priorwritten approval (R307-401-15(2), R307-401-16(1)) ofthe State and have testing requirements (R307-401-15(3)) to ensure that exempted projects do not exceed the de minimis thresholds as described in R307-401-9. 

### V. Summary ofFinalActions Based on the above discussion, EPA finds that the revisions are consistent with all CAA requirements. We are taking final action to approve the renumbering ofR307-413-7 to R307- 401-14 (Used Oil Fuel Burned for Energy Recovery) as submittedbythe State ofUtah on September 15, 2006; changes to the definition of"Boiler" in R307-401-14(1), as submitted by the State ofUtah on April17, 2008; and conditionally approve R307-401-15 and approve R307- 401-16 as submitted on September 15, 2006. 

### VI. Statutory and Executive OrderReviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions oftheAct and applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, inreviewing SIP submissions, EPA'srole is to approve state choices, provided that they meet the criteria ofthe Clean Air Act. Accordingly, this proposed action merely approves state law as meetingFederal requirements and does not impose additional 7requirements beyond those imposedbystate law. Forthat reason, this action:

• is not a "significant regulatory action" subject to review bythe Office ofManagement and Budget under Executive Order 12866 (58 FR51735, October4, 1993);

• does not impose an information collectionburden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 etseq.);

• is certified as not having a significant economic impact on a substantial number ofsmall entities under the Regulatory FlexibilityAct (5 U.S.C. 601 etseq.);

• does not contain any unfunded mandate or significantly oruniquely 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 FR43255, August 10, 1999);

• is not an economically significant regulatory action based on health or safetyrisks subject to Executive Order 13045 (62 FR 19885, April23, 1997);

• is not a significant regulatory action subject to Executive Order 13211 (66 FR28355, May22, 2001);

• is not subject to requirements ofSection 12(d) ofthe National TechnologyTransfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application ofthoserequirements would be inconsistent with the Clean AirAct; and

• does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health orenvironmental effects, usingpracticable and legally permissible methods, under Executive Order 12898 (59 FR7629, February 16, 1994). In addition, this rule does not have tribal implications as specifiedbyExecutive Order 13175 (65



### 8

## ..

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 orpreempt tribal law. The Congressional Review Act, 5 U.S.C. 801 

### etseq., as addedbythe Small Business RegulatoryEnforcement Fairness Act of 1996, generallyprovides that before a rule maytake effect, the agencypromulgatingtherule must submit a rule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General oftheUnited States. EPA will submit areport containing this action and otherrequired information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States priorto publication ofthe rule in the Federal Register. A majorrule cannot take effect until 60 days after it is published in the Federal Register. This action is not a "majorrule" as defined by 5 U.S.C. 804(2).Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicialreview ofthis action must be filed in the United States Court ofAppeals for the appropriate circuit by [insert date 60 days from date ofpublication ofthis document in the Federal Register]. Filing a petition for reconsideration bythe Administrator ofthis final rule does not affect the finality ofthis action for the purposes of judicial review nor does it extend the time within which a petition forjudicial review maybe filed, and shall not postpone the effectiveness ofsuchrule or action. This action maynotbe challenged later inproceedings to enforce its requirements. (See section 307(b)(2).)

9

### IDENTIFICATION OFDOCUMENT: Approval and Promulgation ofAir Quality Implementation Plans; Utah; Revisions to UAC Rule401- Permit: New and Modified Sources (Page 10 of 10) List ofSubjects in 40 CFRPart52 Environmental protection, Airpollution control, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Dated:

# et:=~ Regional Administrator Region 8

10