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[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Rules and Regulations]
[Pages 27190-27193]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10823]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2012-0168; FRL-9756-5]

Approval and Promulgation of Air Quality Implementation Plans; 
Utah; Revisions to UAC Rule 401--Permit: New and Modified Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve State Implementation Plan revisions submitted by the 
State of Utah on April 17, 2008 and partially approve SIP revisions 
submitted by the State of Utah on September 15, 2006. The revisions 
contain new rules in Utah's Title 307 Rule 401 (Permit: New and 
Modified Sources). The intended effect of this 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 of the Clean Air Act.

DATES: This final rule is effective June 12, 2014.

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 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

[[Page 27191]]

available docket materials are available either electronically in 
www.regulations.gov or in hard copy at the Air Program, Environmental 
Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129. EPA requests you contact the individual listed in 
the FOR FURTHER INFORMATION CONTACT section to view the hard copy of 
the docket. You may view the hard copy of the docket Monday through 
Friday, 8:00 a.m. to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, Mailcode 8P-
AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129, (303) 312-6227, or leone.kevin@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA taking?
    A. Summary of Final Action
II. Background
III. What Are the Grounds for this Approval Action
IV. Summary of Final Action
V. 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 HAP mean or refer to Hazardous Air Pollutant.
    (iv) The initials MACT mean or refer to Maximum Achievable Control 
Technology.
    (v) The initials NAAQS mean or refer to National Ambient Air 
Quality Standards.
    (vi) The initials NSR mean or refer to New Source Review.
    (vii) The initials SIP mean or refer to State Implementation Plan.
    (viii) The words State or Utah mean the State of Utah, unless the 
context indicates otherwise.
    (ix) The initials UAC mean or refer to the Utah Administrative 
Code.

I. What action is EPA taking?

A. Summary of Final Action

    We are taking final action to approve the renumbering of R307-413-7 
to R307-401-14 (Used Oil Fuel Burned for Energy Recovery) as submitted 
by the State of Utah on September 15, 2006; changes to the definition 
of ``Boiler'' in R307-401-14(1), as submitted by the State of Utah on 
April 17, 2008; and conditionally approve R307-401-15 and approve R307-
401-16 as submitted on September 15, 2006.
    EPA proposed an action for the above SIP revision submittals on 
June 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 our basis for the actions identified above. The reader should 
refer to the proposed rule, and sections III and IV of this 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 minor NSR regulations based upon the regulations and associated 
record that have been submitted and are currently before EPA. In order 
for EPA to ensure that Utah has regulations that meet the requirements 
of the CAA, the State must demonstrate the regulations are as stringent 
as the Act and the implementing regulations discussed in this notice. 
For example, EPA must have sufficient information to make a finding 
that the new regulations will ensure protection of the NAAQS, and 
noninterference with the Utah SIP control strategies, as required by 
section 110(l) of the Act.

II. Background

    On September 20, 1999, the State of Utah submitted a renumbering 
and recodification of its Utah Administrative Code (UAC) rules within 
the Utah SIP. EPA took final action to approve portions of this 
submittal on February 14, 2006 (71 FR 7670). In that action EPA 
approved the recodification of R307-413-7 (Exemption from Notice of 
Intent Requirements for Used Oil Burned for Energy Recovery, previously 
found under R307-7-2 and 3). On September 15, 2006, the State of Utah 
again submitted a renumbering and recodification of its 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 April 17, 2008, the State of Utah submitted a revision to R307-
401-14 which changed the definition of ``Boiler.'' We are taking final 
action to approve this definition change in this 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 approved revisions to R307-6 (63 FR 43624). On January 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 submitted revisions 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 superceded by 
the 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 other portions of the September 15, 2006, submittal not 
addressed in this action will be addressed at a later date.

III. What Are the Grounds for This Approval Action

    In this final rulemaking, we are taking final action to approve the 
renumbering of R307-413-7 to R307-401-14 (Used Oil Fuel Burned for 
Energy Recovery) as submitted by the State of Utah on September 15, 
2006, because this provision had been previously 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 or operator of a 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 submitted by the State of Utah on April 
17, 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 of R315-1-1 incorporates by reference 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 CFR 260.10, as amended 
on July 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 of the State to adopt specific enforceable 
measures by a date certain, but not later than 1 year after the date of 
approval of the plan revision. Any such conditional approval shall be 
treated as a disapproval if the state fails to comply with such 
commitment''.
    We are taking final action to conditionally approve R307-401-15

[[Page 27192]]

because R307-401-15(3) allows for a ``test or monitoring method 
approved by the 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 or remove this language not later than 
one year after the date of final publication of on this rulemaking. If, 
however, Utah does not submit such a revision within this timeframe, 
EPA's conditional approval of R307-401-15(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 of intent and 
approval order requirements if the 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 of any one hazardous air 
pollutant (HAP) or combination of HAPs are less than the levels listed 
in R307-410-4(1)(d) (Toxic Screening Levels and Averaging Periods). EPA 
has approved similar de minimis thresholds for criteria pollutants in 
past rulemakings: The State of Idaho's permit to construct regulations, 
which were approved final on January 16, 2003 (68 FR 2217); and the 
State of Montana'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 in nature and scope than 
the previously approved rulemakings, as they generally only apply to 
the remediation of underground storage tanks. EPA finds the revisions 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS, rate of progress and reasonable further 
progress (as defined in section 171), or any other applicable 
requirement of this Act.
    A review of air stripper, soil venting and soil aeration projects 
from 2008--2010 which were exempted from notice of intent and approval 
order requirements under R307-401-15 and R307-401-16 show negligible 
criteria pollutant emissions (see docket). In addition, data from the 
Utah leaking underground storage tank program shows a significant 
decrease in the number of new cleanups initiated over the last 10 years 
(see docket). These provisions meet the requirements of 40 CFR 51.160 
because they require prior written approval (R307-401-15(2), R307-401-
16(1)) of the 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.

IV. Summary of Final Action

    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 of R307-413-7 to R307-401-14 (Used Oil Fuel 
Burned for Energy Recovery) as submitted by the State of Utah on 
September 15, 2006; changes to the definition of ``Boiler'' in R307-
401-14(1), as submitted by the State of Utah on April 17, 2008; and 
conditionally approve R307-401-15 and approve R307-401-16 as submitted 
on September 15, 2006.

V. 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 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 proposed 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 Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (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 EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, 
this rule does not have tribal implications as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not 
approved to apply in Indian country located in the State, and EPA notes 
that it will not impose substantial direct costs on tribal governments 
or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 14, 2014. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

[[Page 27193]]

    Dated: October 19, 2012
 James B. Martin,
Regional Administrator Region 8. Original signature affirmed by:
    Dated: April 22, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52 APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 paragraph (c)(78) to read as 
follows:

Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (78) On April 17, 2008 the State of Utah submitted revisions to the 
Utah Administrative Code (UAC) R307-401-14, Used Oil Fuel Burned for 
Energy Recovery. On September 15, 2006 the State of Utah submitted 
revisions to the UAC R307-401-15, Air Strippers and Soil Venting 
Projects, and R307-401-16, De minimis Emissions From Soil Aeration 
Projects.
    (i) Incorporation by Reference
    (A) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, Rule R307-401-14, Used Oil Fuel Burned for Energy 
Recovery. Effective February 8, 2008; as published in the Utah State 
Bulletin on December 1, 2007 and March 1, 2008.
    (B) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-401-15, Air Strippers and Soil Venting 
Projects, and R307-401-16, De minimis Emissions From Soil Aeration 
Projects. Effective June 16, 2006; as published in the Utah State 
Bulletin on December 1, 2005 and July 15, 2006.

[FR Doc. 2014-10823 Filed 5-12-14; 8:45 am]
BILLING CODE 6560-50-P
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