Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Proposed Rules 39033 

1 Documents submitted to the docket by OSHA or 

stakeholders are assigned document identification 

numbers (Document ID) for easy identification and 

retrieval. The full Document ID is the docket 

number plus a unique four-digit code. 

Dated: June 24, 2022. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2022–13954 Filed 6–29–22; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1952 

[Docket No. OSHA–2022–0008] 

RIN 1218–AD41 

Massachusetts State Plan for State and 

Local Government Employers; 

Notification of Submission; Proposal 

To Grant Initial State Plan Approval; 

Request for Public Comment and 

Opportunity To Request Public 

Hearing 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Proposed rule; request for 

written comments; notification of 

opportunity to request informal public 

hearing. 

SUMMARY: The Massachusetts 

Department of Labor Standards (the 

DLS) has submitted a developmental 

State Plan for occupational safety and 

health, applicable only to State and 

local Government employment (workers 

of the State and its political 

subdivisions) (Massachusetts State 

Plan), for determination of initial 

approval under Section 18 of the 

Occupational Safety and Health Act of 

1970 (the OSH Act). In this notification, 

OSHA proposes to grant the 

Massachusetts State Plan initial 

approval based on its preliminary 

assessment that the Massachusetts State 

Plan meets, or will meet within three 

years, OSHA’s State Plan approval 

criteria, and that Massachusetts has 

provided adequate assurances that it 

will be at least as effective as Federal 

OSHA in protecting the safety and 

health of Massachusetts state and local 

government workers. OSHA proposes to 

fund initial approval of the 

Massachusetts State Plan from the State 

Plan funding available in the 

Department of Labor’s Fiscal Year 2022 

budget. 

DATES: 

Written Comments: Comments and 

requests for a hearing must be submitted 

by August 1, 2022. 

Informal public hearing: Any 

interested person may request an 

informal hearing concerning the initial 

approval of the State Plan. OSHA will 

hold such a hearing if the Assistant 

Secretary of Labor for Occupational 

Safety and Health (Assistant Secretary) 

finds that substantial objections have 

been filed. After the close of the 

comment period, the Assistant Secretary 

will review all comments submitted; 

will review all hearing requests; and 

will schedule an informal hearing if a 

hearing is required to resolve substantial 

issues. 

Publication in Massachusetts: No later 

than 5 days following the date of 

publication of this notification in the 

Federal Register, Massachusetts shall 

publish, or cause to be published, 

reasonable notice within the State 

containing the same information 

contained herein. 

ADDRESSES: Written comments: You may 

submit written comments and requests 

for an informal hearing electronically at 

www.regulations.gov, which is the 

Federal e-Rulemaking Portal. Follow the 

online instructions for making 

electronic submissions. 

Instructions. All submissions must 

include the agency’s name and the 

docket number for this rulemaking 

(Docket No. OSHA–2021–0008).1 All 

comments, including any personal 

information you provide, are placed in 

the public docket without change and 

may be made available online at 

www.regulations.gov. Therefore, OSHA 

cautions commenters about submitting 

information they do not want made 

available to the public or submitting 

materials that contain personal 

information (either about themselves or 

others), such as Social Security 

Numbers and birthdates. Submissions 

must clearly identify the issues 

addressed and the positions taken. 

Docket: To read or download 

comments or other material in the 

docket, go to Docket No. OSHA–2022– 

0008 at www.regulations.gov. All 

comments and submissions are listed in 

the www.regulations.gov index; 

however, some information (e.g., 

copyrighted material) is not publicly 

available to read or download through 

that website. All comments and 

submissions, including copyrighted 

material, are available for inspection 

through the OSHA Docket Office. 

Contact the OSHA Docket Office at (202) 

693–2350 (TTY (877)889–5627) for 

assistance in locating docket 

submissions. 

FOR FURTHER INFORMATION CONTACT: 

For press inquiries: Contact Frank 

Meilinger, Director, OSHA Office of 

Communications, U.S. Department of 

Labor; telephone: (202) 693–1999; 

email: meilinger.francis2@dol.gov. 

For general and technical 

information: Contact Douglas J. 

Kalinowski, Director, OSHA Directorate 

of Cooperative and State Programs, U.S. 

Department of Labor; telephone: (202) 

693–2200; email: kalinowski.doug@

dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 18 of the OSH Act, 29 U.S.C. 

667, provides that a State which desires 

to assume responsibility for the 

development and enforcement of 

standards relating to any occupational 

safety and health issue with respect to 

a Federal standard which has been 

promulgated may submit a State Plan to 

the Assistant Secretary of Labor for 

Occupational Safety and Health 

(Assistant Secretary) documenting the 

proposed program in detail. State and 

local government employers are 

excluded from Federal OSHA coverage 

under the Act (29 U.S.C. 652(5)). 

However, a State may submit a State 

Plan for the development and 

enforcement of occupational safety and 

health standards applicable only to 

employees of the State and its political 

subdivisions (State and local 

Government employees) (29 CFR 

1956.1). The Assistant Secretary will 

approve a State Plan for State and local 

Government employees if the Plan 

provides for the development and 

enforcement of standards relating to 

hazards in employment covered by the 

Plan which are or will be at least as 

effective in providing safe and healthful 

employment and places of employment 

as standards promulgated and enforced 

under Section 6 of the Act, giving due 

consideration to differences between 

State and local Government and private 

sector employment (29 U.S.C. 667(c); 29 

CFR 1956.2(a)). In making this 

determination, the Assistant Secretary 

will measure the State Plan against the 

criteria and indices of effectiveness set 

forth in 29 CFR part 1956.10 and 

1956.11 (29 CFR 1956.2(a)). A State Plan 

for an occupational safety and health 

program for State and local Government 

employees may be approved although it 

does not yet fully meet this criteria, if 

it includes satisfactory assurances by 

the State that it will take the necessary 

steps to bring the program into 

conformity with these criteria within 

the 3-year period immediately following 

the commencement of the State Plan’s 

operation (29 CFR 1956.2(b)(1)). In such 


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case, the developmental State Plan must 

include the specific actions (referred to 

as developmental steps) that the State 

Plan must take and a schedule for their 

accomplishment, not to exceed 3 years. 

Once a State and local Government 

State Plan has completed the 

developmental steps, Federal OSHA 

will publish a notification in the 

Federal Register certifying the State 

Plan’s completion of all developmental 

steps (29 CFR 1956.23; 29 CFR 1902.33 

and 1902.34). 

Section 23(g) of the OSH Act provides 

for funding of up to 50% of the State 

Plan costs (29 U.S.C. 672(g)). Congress 

designates specific funds for this 

purpose (see, e.g., FY 2022 Consolidated 

Appropriations Act, H.R. 2471 at page 

383 (March 17, 2022)). 

II. Massachusetts State Plan History 

The DLS has a history that traces back 

to 1912. Although the agency’s name 

has changed slightly over time, the 

mission of the DLS has always included 

promoting and protecting workers’ 

health, safety, and working conditions. 

In 2014, by statute, Massachusetts 

authorized the DLS to provide State 

workers with at least the level of 

protection from workplace safety and 

health hazards as protections provided 

under the OSH Act by Federal OSHA 

(M.G.L. c. 149, § 61⁄2). The DLS’s 

authority to provide such protection 

was expanded to cover all State and 

local Government workers, including 

any political subdivision of the 

Commonwealth, which includes 

municipal and county workers, by 

amendment to the authorizing statute in 

2018. Since 2019, the DLS, through its 

Workplace Safety and Health Program 

(WSHP), has performed inspections of 

State and local Government employers 

to ensure compliance with these 

requirements. 

The DLS began working with OSHA 

to obtain approval for a State Plan for 

occupational safety and health, 

applicable only to State and local 

Government employment, and 

submitted a draft Plan to OSHA in 

December 2020, with final revisions to 

the Plan in June 2022. The revised Plan 

has been found to be conceptually 

approvable as a developmental State 

Plan. 

In Fiscal Year 2022, Congress 

increased the funds available for State 

Plans. The Fiscal Year 2022 Omnibus 

Appropriations Act includes $1,250,000 

in State Plan grant funds for the 

Massachusetts State Plan. 

III. Description of the Massachusetts 

State Plan 

Massachusetts designates the DLS as 

the State agency responsible for 

administering the Plan throughout the 

State. A narrative describing the 

Massachusetts State Plan in detail is 

included in the docket of this 

rulemaking at www.regulations.gov. 

Under the Massachusetts State Plan’s 

enabling legislation, M.G.L. c. 149, §§ 6 

and 61⁄2, the DLS has authority to adopt 

standards and regulations and enforce 

and administer laws and rules 

protecting the safety and health of 

workers of the State and its political 

subdivisions. The DLS has adopted 

Federal OSHA occupational safety and 

health standards through rulemaking. 

OSHA’s standards are incorporated into 

the Code of Massachusetts Regulations 

(CMR) at 454 CMR 25.02. The DLS has 

provided assurances that it will timely 

adopt identical or at least as effective 

standards or enforcement policies in the 

future, whenever OSHA adopts 

standards and regulations, revisions to 

existing standards, or enforcement 

policies that OSHA determines 

necessary for the enforcement of such 

standards. The DLS has also provided 

assurances that it will adopt such 

standards, policy changes, or 

requirements that are at least as effective 

as Federal OSHA’s within six months of 

Federal promulgation (30 days for any 

emergency temporary standard) in 

accordance with the requirements set 

forth at 29 CFR 1953.5. 

In addition, the DLS has provided 

assurances that variances may not be 

granted unless it is established that 

adequate protection is afforded to 

employees under the terms of the 

variance. Current DLS provisions for 

granting variances, found at 454 CMR 

25.05(6), are inconsistent with OSHA’s 

permanent variance procedure. 

Therefore, during its developmental 

period, Massachusetts has provided 

assurances that it intends to complete 

the developmental step of amending 454 

CMR 25.05 to modify its variance 

requirements to become consistent with 

those in the Act and also adopt OSHA’s 

regulation governing variances, 29 CFR 

part 1905. 

The DLS has authority under M.G.L. 

c. 149, §§ 6, 61⁄2, 10 and 17, and 454 

CMR 25.03 to inspect covered 

workplaces. This authority includes 

provisions for right of entry for 

inspection, prohibition of advance 

notice of inspection, and employers’ 

obligations to maintain records and 

provide reports as required. 454 CMR 

25.02, as authorized through M.G.L. c. 

149, § 61⁄2, incorporates OSHA’s 

regulation governing inspections and 

citations, 29 CFR part 1903, which 

includes, among other requirements, 

provision for inspections in response to 

employee complaints, for written 

notification if the determination is made 

that a complaint does not warrant an 

inspection, and for posting written civil 

citations, pursuant to 29 CFR 1903.16. 

454 CMR 25.03(6) provides for employer 

and employee representatives to 

accompany an inspector during the 

inspection. 

The DLS has the authority to remedy 

retaliation for a State or local 

Government worker who filed a 

complaint, instituted any proceeding, 

testified, or exercised any rights 

afforded under the Massachusetts State 

Plan pursuant to the requirement in 

M.G.L. c. 149, § 61⁄2 such that 

Massachusetts State and local 

Government workers have at least the 

level of protection they would have 

under OSHA. In addition, 454 CMR 

25.02 incorporates OSHA’s regulation 

29 CFR part 1977—Discrimination 

Against Employees Exercising Rights 

Under the Williams-Steiger 

Occupational Safety and Health Act of 

1970. Massachusetts also has a 

Whistleblower’s Protection statute, 

M.G.L. c. 149, § 185, that protects State 

and local Government employees and 

prohibits retaliation through a right of 

private civil action. 

The DLS’s authority to issue Civil 

Citations and penalties is established in 

M.G.L. c. 149, §§ 6 and 61⁄2, 454 CMR 

25.00, 454 CMR 29.00, and 29 CFR part 

1903, as incorporated by 454 CMR 

25.02. The Director has the discretion to 

issue civil penalties of up to $1,000 per 

violation, pursuant to M.G.L. c. 149, § 6, 

and 454 CMR 29.04(2)(d). The DLS 

generally issues a Written Warning as 

the first enforcement action taken 

against a State or local Government 

employer. However, an employer’s 

failure to correct a violation within the 

period of time specified in a Written 

Warning and Order to Correct issued by 

the DLS may result in the issuance of a 

Civil Citation or other enforcement 

action. The DLS may also issue 

penalties as a first method of 

enforcement, without a prior written 

warning, depending on the gravity of 

the violation and when the violation 

warrants such action. The DLS has 

authority to take other enforcement 

actions, including issuing a Stop Work 

Order in cases of imminent danger or 

other cases as deemed appropriate, and 

the Massachusetts Attorney General 

may bring a civil action for declaratory 

or injunctive relief where necessary. 

The DLS has sole authority for 

administration and enforcement of State 


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and local Government occupational 

safety and health within Massachusetts. 

Prior to adopting or amending 

regulations, the DLS will consult with 

the Massachusetts Occupational Health 

and Safety Hazard Advisory Board 

pursuant to M.G.L. c. 149, § 61⁄2(d). 

Other DLS programs are separate from 

the WSHP with independent authority 

and will not detract any resources or 

priorities assigned to the administration 

of the Massachusetts State Plan. When 

appropriate, the other programs may 

support the WSHP to improve 

workplace safety and compliance. 

The DLS currently has eleven 

inspectors, seven safety inspectors, and 

four health inspectors, all of whom 

perform duties related to both 

enforcement and consultation. If granted 

initial approval, the DLS will add three 

safety enforcement inspectors. The DLS 

will redesignate two of its safety 

enforcement inspectors and one health 

inspector to exclusively perform 

consultation. These re-designated 

employees will be part of a separate 

consultation division with distinct 

supervision from the enforcement 

inspectors. The DLS will also train one 

supervisor and two enforcement 

inspectors to conduct whistleblower 

investigations. 

29 CFR 1956.10(g) requires that State 

Plans for public employees provide a 

sufficient number of adequately trained 

and qualified personnel necessary for 

the enforcement of standards. The 

compliance staffing requirements (or 

benchmarks) for State Plans covering 

both the private and public sectors are 

established based on the ‘‘fully 

effective’’ test established in AFL–CIO v. 

Marshall, 570 F.2d 1030 (D.C. Cir. 

1978). This staffing test and the complex 

formula used to derive benchmarks for 

Full Coverage Plans is not intended, nor 

is it appropriate, for application to the 

staffing needs of State Plans for 

occupational safety and health programs 

covering only State and local 

Government workers. However, the DLS 

has given satisfactory assurance in its 

Plan that it will meet the staffing 

requirements of 29 CFR 1956.10. The 

State has also given satisfactory 

assurances of adequate State matching 

funds (50 percent) to support the Plan 

and is requesting initial Federal funding 

of $1,250,000, for a total initial program 

effort of $2,500,000. 

Although the State statute, M.G.L. c. 

149, § 61⁄2, sets forth the general 

authority and scope for implementing 

the Massachusetts State Plan, if granted 

initial approval, the Massachusetts State 

Plan will be developmental under the 

terms of 29 CFR 1956.2(b), in that 

specific rules, regulations, and 

implementing procedures must still be 

adopted or revised to carry out the Plan 

and make it structurally ‘‘at least as 

effective’’ as Federal OSHA and fully 

operational. As previously noted, the 

Massachusetts State Plan sets forth a 

timetable for the accomplishment of 

these and other developmental steps 

within three years of Plan approval, as 

described in the Massachusetts State 

Plan narrative that is included in the 

docket of this rulemaking at 

www.regulations.gov. This timetable 

includes the amendment of certain 

Massachusetts State Plan regulations, 

the adoption of certain OSHA 

regulations, the development of a 

Technical Manual, transition to use of 

the OSHA Information System, the 

development of an Annual Performance 

Plan and a Five-Year Strategic Plan, 

completion of training requirements, 

and implementation of other policies, 

procedures, and instructions necessary 

for the operation of a program that is at 

least as effective as Federal OSHA in its 

enforcement of occupational safety and 

health standards. 

IV. Effect of Initial Approval 

After review of any written comments 

received and of information received in 

the event of a public hearing, the 

Assistant Secretary will grant initial 

approval of the Massachusetts State 

Plan if the Assistant Secretary 

determines that the Plan meets the 

criteria set forth in the Act and 

applicable regulations at 29 CFR part 

1956. The Assistant Secretary will 

provide notification of this 

determination and amendment of the 

Code of Federal Regulations in the 

Federal Register. Massachusetts already 

has authority to enforce and is carrying 

out enforcement of its occupational 

safety and health standards in 

Massachusetts places of State and local 

Government employment. However, a 

determination by OSHA to grant the 

Massachusetts State Plan initial 

approval will make Massachusetts 

eligible to apply for and receive up to 

50% matching Federal grant funding, as 

authorized by the OSH Act under 

section 23(g) (29 U.S.C. 672(g)). In 

addition, such determination will 

signify the beginning of the 

Massachusetts State Plan’s 3-year 

developmental period, during which 

Massachusetts will be required to 

address the developmental steps 

identified in the Massachusetts State 

Plan narrative that is included in the 

docket of this rulemaking at 

www.regulations.gov (29 CFR 

1956.2(b)(1)). OSHA will publish a 

certification Notice in the Federal 

Register to advise the public once 

Massachusetts has completed all 

developmental steps (29 CFR 1956.23; 

29 CFR 1902.33; 1902.34). 

V. Documents of Record 

All information and data presently 

available to OSHA relating to this 

proceeding have been made a part of the 

record and placed in the OSHA Docket 

Office. Most of these documents have 

also been posted electronically at 

www.regulations.gov, which is the 

Federal e-Rulemaking Portal; however, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through that website. 

In addition, the State Plan, the narrative 

describing the Massachusetts State Plan 

in detail, and written comments 

received can be made available by 

contacting OSHA’s Office of State 

Programs at (202) 693–2200 or the office 

of the Assistant Regional Director for 

Region 1 at (617) 565–9860. 

VI. Public Participation 

The Assistant Secretary’s decision 

whether to grant initial approval to the 

Massachusetts State Plan will be made 

after careful consideration of all relevant 

information presented in the rulemaking 

(29 CFR 1956.20; 29 CFR 

1902.20(b)(1)(i)). To aid the Assistant 

Secretary in making this decision, 

OSHA is soliciting public participation 

in this process. 

Notice in the State of Massachusetts: 

The DLS must publish appropriate 

notice within the State of Massachusetts 

within five days of publication of this 

notification, announcing OSHA’s 

proposal to approve a Massachusetts 

State Plan, contingent on the availability 

of appropriated funds, and giving notice 

of the opportunity for public comment. 

Written comments: OSHA invites 

interested persons to submit written 

data, views, and comments with respect 

to this proposed initial State Plan 

approval. These comments must be 

received on or before August 1, 2022. 

When submitting comments, persons 

must follow the procedures specified 

above in the sections titled DATES and 

ADDRESSES. Written submissions must 

clearly identify the issues addressed and 

the positions taken with respect to each 

issue. Comments received by the end of 

the specified comment period will 

become part of the record and will be 

available for public inspection online at 

www.regulations.gov (Docket Number 

OSHA–2022–0008). 

Informal public hearing: Pursuant to 

29 CFR 1902.13(f), interested persons 

may request an informal hearing 

concerning the proposed initial State 

Plan approval. Such requests also must 

be received on or before August 1, 2022. 


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When submitting comments, persons 

must follow the procedures specified 

above in the sections titled DATES and 

ADDRESSES. Such requests must present 

particularized written objections to the 

proposed initial State Plan approval. 

Within 30 days of the close of the 

comment period, the Assistant Secretary 

will review all comments submitted and 

review all hearing requests. OSHA will 

hold the informal hearing if the 

Assistant Secretary finds that 

substantial objections have been filed. 

However, if, after reviewing the 

comments received during the written 

comment period, the Assistant Secretary 

finds that no substantial objections have 

been filed, then no informal public 

hearing will be held. 

VII. Determination 

The Assistant Secretary will, within a 

reasonable time after the close of the 

comment period or after the certification 

of the record if a hearing is held, 

publish a decision regarding initial 

approval of the Massachusetts State 

Plan in the Federal Register. All written 

and oral submissions, as well as other 

information gathered by OSHA, will be 

considered in any action taken. 

VIII. Regulatory Flexibility Act 

OSHA certifies pursuant to the 

Regulatory Flexibility Act of 1980 (5 

U.S.C. 601 et seq.) that the proposed 

initial approval of the Massachusetts 

State Plan will not have a significant 

economic impact on a substantial 

number of small entities. By its own 

terms, the Plan will have no effect on 

private sector employment and is 

limited to the State of Massachusetts 

and its political subdivisions. 

Compliance with State OSHA standards 

is required by State law; Federal 

approval of a State Plan imposes 

regulatory requirements only on the 

agency responsible for administering the 

State Plan. Accordingly, no new 

obligations would be placed on State 

and local Government employers as a 

result of Federal approval of the 

Massachusetts State Plan. The approval 

of a State Plan for State and local 

Government employers in 

Massachusetts is not a significant 

regulatory action as defined in 

Executive Order 12866. 

F. Federalism 

Executive Order 13132, ‘‘Federalism,’’ 

emphasizes consultation between 

Federal agencies and the States and 

establishes specific review procedures 

the Federal Government must follow as 

it carries out policies which affect State 

or local Governments. OSHA has 

consulted extensively with 

Massachusetts throughout the 

development, submission, and 

consideration of its proposed State Plan. 

Although OSHA has determined that 

the requirements and consultation 

procedures provided in Executive Order 

13132 are not applicable to initial 

approval decisions under the Act, 

which have no effect outside the 

particular State receiving the approval, 

OSHA has reviewed the proposed 

Massachusetts initial approval decision 

and believes it is consistent with the 

principles and criteria set forth in the 

Executive order. 

List of Subjects in 29 CFR Part 1952 

Approval, State Plans. 

Authority and Signature 

Douglas L. Parker, Assistant Secretary 

of Labor for Occupational Safety and 

Health, U.S. Department of Labor, 200 

Constitution Avenue NW, Washington, 

DC 20210, authorized the preparation of 

this notification. OSHA is issuing this 

notification under the authority 

specified by Section 18 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 667), Secretary of 

Labor’s Order No. 8–2020 (85 FR 58393 

(Sept. 18, 2020)), and 29 CFR parts 1902 

and 1956. 

Signed in Washington, DC. 

Douglas L. Parker, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

For the reasons stated in the 

preamble, OSHA proposes to amend 29 

CFR part 1952 as follows: 

PART 1952—APPROVED STATE 

PLANS FOR ENFORCEMENT OF 

STATE STANDARDS 

■ 1. The authority citation for part 1952 

is revised to read as follows: 

Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 

667); 29 CFR part 1902; Secretary of Labor’s 

Order No. 1–2012 (77 FR 3912, Jan. 25, 2012), 

or 8–2020 (85 FR 58393, Sept. 18, 2020), as 

applicable. 

Subpart B—List of Approved State 

Plans for State and Local Government 

Employees 

■ 2. Add § 1952.29 to read as follows: 

§ 1952.29 Massachusetts. 

(a) The Massachusetts State Plan for 

State and local Government employees 

received initial approval from the 

Assistant Secretary on [DATE OF FINAL 

DETERMINATION]. 

(b) The Plan further provides 

assurances of a fully trained, adequate 

staff within three years of plan approval, 

including 8 safety and 3 health 

compliance officers for enforcement 

inspections, and 2 safety and 1 health 

consultants to perform consultation 

services in the public sector. The State 

has assured that it will continue to 

provide a sufficient number of 

adequately trained and qualified 

personnel necessary for the enforcement 

of standards as required by 29 CFR 

1956.10. The State has also given 

satisfactory assurance of adequate 

funding to support the Plan. 

(c) The plan only covers State and 

local Government employers and 

employees within the State. For 

additional details about the plan, please 

visit https://www.osha.gov/dcsp/osp/ 

stateprogs/massachusetts.html. 

[FR Doc. 2022–13729 Filed 6–29–22; 8:45 am] 

BILLING CODE 4510–26–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2022–0186; FRL–9930–01– 

R8] 

Approval and Promulgation of 

Implementation Plans; State of Utah; 

Revisions to Utah Administrative 

Code: Environmental Quality; Title 

R307; Air Quality 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Utah Division of 

Administrative Rules (DAR) submitted 

by the State of Utah on May 21, 2020, 

May 28, 2020, November 3, 2020, and 

November 12, 2020. The revisions to the 

Utah Administrative Code address 

various State Implementation Plan (SIP) 

changes and updates. Specifically, we 

are proposing to make clerical updates 

to the General Requirements, Permits, 

and Emissions Inventory rules, 

including updating the effective date of 

various code of federal regulations 

(CFR) referenced. Additionally, we are 

proposing to approve changes to several 

Permits rules including adding new 

definitions, clarifying testing methods, 

and specifying an emissions limit for 

particulate matter 2.5 (PM2.5) for 

emissions impact analysis. We are also 

proposing to repeal and replace the 

Emissions Testing rule as well as 

approve a new rule related to abrasive 

blasting in particular matter 10 (PM10) 

nonattainment areas. The EPA is taking 

this action pursuant to the Clean Air Act 

(CAA). 


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