[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Rules and Regulations]
[Pages 55284-55287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7954]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2006-0210; FRL-8220-5]


Approval and Promulgation of State Implementation Plans; Utah; 
Revised Definitions of Volatile Organic Compounds and Clearing Index; 
Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action approving State 
Implementation Plan (SIP) revisions submitted by the State of Utah on 
November 11 and November 23, 2005. The revisions are to the Utah 
Administrative Code (UAC) rule R307-101-2 and (1) incorporate by 
reference the federal definition of ``Volatile Organic Compounds'' 
(VOC), and (2) update the definition of ``Clearing Index''. The 
intended effect of this action is to make federally enforceable these 
revised definitions to the Utah SIP. This action is being taken under 
section 110 of the Clean Air Act.

DATES: This rule is effective on November 21, 2006 without further 
notice, unless EPA receives adverse comment by October 23, 2006. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2006-0210, by one of the following methods:
    <bullet> http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#107c7f7e773e62797378716274507560713e777f66"><span class="__cf_email__" data-cfemail="533f3c3d347d213a303b322137133623327d343c25">[email protected]</span></a> and 
<a href="/cdn-cgi/l/email-protection#1974786a6d6b78777e7c7576377d76747c77707a76597c6978377e766f"><span class="__cf_email__" data-cfemail="cca1adbfb8beada2aba9a0a3e2a8a3a1a9a2a5afa38ca9bcade2aba3ba">[email protected]</span></a>.
    <bullet> Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
    <bullet> Mail: Richard R. Long, Director, Air and Radiation 
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.
    <bullet> Hand Delivery: Richard R. Long, Director, Air and 
Radiation Program, Environmental Protection Agency (EPA), Region 8, 
Mailcode 8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m. 
to 4:55 p.m., excluding Federal holidays. Special arrangements should 
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2006-0210. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA, without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting 
comments, go to Section I. General Information of the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://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 http://www.regulations.gov or in hard copy at the Air and Radiation 
Program, Environmental Protection Agency (EPA), Region 8, 999 18th 
Street, Suite 300, Denver, Colorado 80202-2466. EPA requests that if at 
all possible, you contact the individual listed in the FOR

[[Page 55285]]

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 a.m. to 4 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Domenico Mastrangelo, Air and 
Radiation Program, Mailcode 8P-AR, Environmental Protection Agency 
(EPA), Region 8, 999 18th Street, Suite 200, Denver, Colorado 80202-
2466, (303) 312-6436, <a href="/cdn-cgi/l/email-protection#d0bdb1a3a4a2b1beb7b5bcbffeb4bfbdb5beb9b3bf90b5a0b1feb7bfa6"><span class="__cf_email__" data-cfemail="6c010d1f181e0d020b090003420803010902050f032c091c0d420b031a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. What is the Purpose of This Action?
III. What is the State Process to Submit These Materials to EPA?
IV. EPA's Review of the State of Utah's November 11 and November 25, 
2005 Submittals
V. Final Action
VI. Statutory and Executive Order Reviews

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 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. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. What is the Purpose of This Action?

    EPA is approving revisions to the definitions of Volatile Organic 
Compounds (VOC) and Clearing Index in Utah's rule R307-101-2. On 
November 11, 2005, the State of Utah submitted revisions to the 
definition of VOC. The revised VOC definition incorporates by reference 
40 CFR 51.100(s). On November 23, 2005, the State of Utah submitted a 
revised definition of the Clearing Index. The revised definition of the 
Clearing Index reflects a more specific and expanded clearing index 
forecast generated by the National Weather Service (NWS).

III. What is the State Process to Submit These Materials to EPA?

    Section 110(k) of the CAA addresses our actions on submissions of 
revisions to a SIP. The CAA requires States to observe certain 
procedural requirements in developing SIP revisions for submittal to 
us. Section 110(a)(2) of the CAA requires that each SIP revision be 
adopted after reasonable notice and public hearing. This must occur 
prior to the revision being submitted by a State to us.
    The Utah Air Quality Board (UAQB) held a public hearing for the 
revised definition of VOC on May 24, 2005. The definition was adopted 
by the UAQB on July 6, 2005 and became State effective on July 7, 2005. 
The UAQB held a public hearing for the revised definition of Clearing 
Index on July 19, 2005. The definition was adopted by the UAQB on 
September 7, 2005 and became State effective on September 8, 2005. The 
Governor submitted these SIP revisions to us on November 11 and 
November 23, 2005 respectively.
    We have evaluated the Governor's submittal of these SIP revisions 
and have determined that the State met the requirements for reasonable 
notice and public hearing under section 110(a)(2) of the CAA. As 
required by section 110(k)(1)(B) of the CAA, we reviewed these SIP 
materials for conformance with the completeness criteria in 40 CFR 51, 
Appendix V and determined that the submittals were administratively and 
technically complete.

IV. EPA's Review of the State of Utah's November 11 and November 25, 
2005 Submittals

1. Changes to the Definition of Volatile Organic Compounds

    Utah's revision to the definition of VOC in Rule R307-101-2 
incorporates by reference federal regulation 40 CFR 51.100(s)(1) as 
updated by EPA on November 29, 2004 (69 FR 69290). This revision to the 
Utah SIP is, therefore, approvable.

2. Changes to the Definition of the Clearing Index

    Utah's revised definition of the Clearing Index in Rule R307-101-2 
reflects technological advances implemented by the National Weather 
Service (NWS). The value of the clearing index forecast provided by NWS 
is used to foresee the degree to which an area's air quality would be 
degraded by open burning operations or by industrial processes. In the 
1970s the NWS began forecasting a daily clearing index for three air 
basins in the State of Utah. New technology, implemented in recent 
years, has allowed the NWS to upgrade its clearing index forecast to a 
three-day forecast for any point in the State instead of the previous 
three air basins. The NWS clearing index forecast is accessible online 
at no cost, through an interface on the NWS Web site. Based on the 
above, we have concluded the revised definition of the Clearing Index 
is approvable.

V. Final Action

    EPA is approving, through direct final rulemaking, revisions to the 
definitions of VOC and of the Clearing Index in Utah's rule R307-101-2.
    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

[[Page 55286]]

NAAQS or any other applicable requirement of the CAA. The revised 
definitions of VOCs and of the Clearing Index will not interfere with 
attainment, reasonable further progress, or any other applicable 
requirement of the CAA.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the ``Proposed Rules'' section of today's 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision if adverse 
comments are filed. This rule will be effective November 21, 2006 
without further notice unless the Agency receives adverse comments by 
October 23, 2006. If the EPA receives adverse comments, EPA will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. EPA will address all public 
comments in a subsequent final rule based on the proposed rule. The EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

VI. Statutory and Executive Order Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. 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 21, 2006. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: September 1, 2006.
Kerrigan G. Clough,
Acting Regional Administrator, Region VIII.

0
40 CFR part 52 is amended to read as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart TT--Utah

0
2. Section 52.2320 is amended by adding paragraphs (c)(63) to read as 
follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (63) Revisions to the definition of ``Volatile Organic Compounds,'' 
in UAC rule R307-101-2, as submitted by the Governor on November 11, 
2005. Revisions to the definition of ``Clearing Index,'' in UAC rule 
R307-101-2, as submitted by the Governor on November 23, 2005.
    (i) Incorporation by reference.
    (A) Utah Administrative Code rule R307-101-2, as adopted by the 
Utah Air Quality Board on July 6, 2005, effective on July 7, 2005. This 
incorporation by reference extends only to the definition of Volatile 
Organic Compounds and excludes any other provisions that R307-101-02 
incorporates by reference.

[[Page 55287]]

    (B) Utah Administrative Code rule R307-101-2, as adopted by the 
Utah Air Quality Board on September 7, 2005, effective on September 8, 
2005. This incorporation by reference extends only to the definition of 
the Clearing Index and excludes any other provisions that R307-101-2 
incorporates by reference.

[FR Doc. 06-7954 Filed 9-21-06; 8:45 am]
BILLING CODE 6560-50-P


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