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[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Rules and Regulations]
[Pages 9343-9346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03898]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0369; FRL-9935-54-Region 8]

Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Revisions to the Utah Division of Administrative Rules, 
R307-300 Series; Area Source Rules for Attainment of Fine Particulate 
Matter Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval and finalizing the conditional approval of portions of the 
fine particulate matter (PM2.5) State Implementation Plan 
(SIP) and other general rule revisions submitted by the State of Utah. 
The revisions affect the Utah Division of Administrative Rules (DAR), 
R307-300 Series; Requirements for Specific Locations. The revisions had 
submission dates of: February 2, 2012, May 9, 2013, June 8, 2013, 
February 18, 2014, April 17, 2014, May 20, 2014, July 10, 2014, August 
6, 2014, and December 9, 2014. These area source rules control 
emissions of direct PM2.5 and PM2.5 precursors, 
sulfur dioxides (SO2), nitrogen oxides (NOX) and 
volatile organic compounds (VOC). Our approval will make these rules 
federally enforceable. Additionally, EPA is finalizing approval of the 
State's reasonably available control measure (RACM) determinations for 
the rule revisions that pertain to the PM2.5 SIP. This 
action is being taken under section 110 of the Clean Air Act (CAA or 
Act).

DATES: This final rule is effective on March 28, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2014-0369. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (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 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 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: Crystal Ostigaard, Air Program, EPA, 
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129, (303) 312-6602, ostigaard.crystal@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 17, 2006 (71 FR 61144), EPA strengthened the level of 
the 24-hour PM2.5 National Ambient Air Quality Standards 
(NAAQS), lowering the primary and secondary standards from 65 
micrograms per cubic meter ([micro]g/m\3\), the 1997 standard, to 35 
[micro]g/m\3\. On November 13, 2009 (74 FR 58688), EPA designated three 
nonattainment areas in Utah for the 24-hour PM2.5 NAAQS of 
35 [micro]g/m\3\. These are the Salt Lake City, UT; Provo, UT; and 
Logan, UT-ID nonattainment areas. The State of Utah has made a number 
of SIP submittals intended to address the requirements under part D of 
title I of the CAA for these PM2.5 nonattainment areas. 
Among those requirements are those in sections 172(c)(1) and 
189(a)(1)(C) regarding reasonably available control measures (RACM) and 
reasonably available control technology (RACT).
    On August 25, 2015 (80 FR 51499), EPA proposed to approve or 
conditionally approve a number of RACM components in the 
PM2.5 Moderate area SIP submitted by the State. Our proposed 
notice and associated technical support document (TSD) give details on 
EPA's interpretation of the RACM requirements under part D and our 
evaluation of the State's submittals. Specifically, the RACM components 
consist of area source rules found in Utah's submittals dated February 
2, 2012, May 9, 2013, June 8, 2013, February 18, 2014, April 17, 2014, 
May 20, 2014, July 10, 2014, August 6, 2014, and December 9, 2014. 
These submittals contained various revisions to the DAR, Title R307--
Environmental Quality, set of rules, most of which are applicable to 
the Utah SIP for PM2.5 nonattainment areas. The new rules or 
revised rules we are addressing in this final rule were provided by 
Utah in the nine different submissions listed above, and these rules 
are: R307-101-2, General Requirements: Definitions; R307-303, 
Commercial Cooking; R307-307, Road Salting and Sanding; R307-312, 
Aggregate Processing Operations for PM2.5 Nonattainment 
Areas; R307-328, Gasoline Transfer and Storage; R307-335, Degreasing 
and Solvent Cleaning Operations; R307-342, Adhesives and Sealants; 
R307-343 Emissions Standards for Wood Furniture Manufacturing 
Operations; R307-344, Paper, Film, and Foil Coatings; R307-345, Fabric 
and Vinyl Coatings; R307-346, Metal Furniture Surface Coatings; R307-
347, Large Appliance Surface Coatings; R307-348, Magnet Wire Coatings; 
R307-349, Flat Wood Panel

[[Page 9344]]

Coatings; R307-350, Miscellaneous Metal Parts and Products Coatings; 
R307-351, Graphic Arts; R307-352, Metal Container, Closure, and Coil 
Coatings; R307-353, Plastic Parts Coatings; R307-354, Automotive 
Refinishing Coatings; R307-355, Control of Emissions from Aerospace 
Manufacture and Rework Facilities; R307-356, Appliance Pilot Light; 
R307-357, Consumer Products; and R307-361, Architectural Coatings.
    A previous rule, Rule R307-340 Surface Coating Processes, was 
replaced in these submittals by the specific rules for coatings listed 
above. Utah correspondingly repealed R307-340. In addition, Rule R307-
342, Adhesives and Sealants, replaces an unrelated rule, R307-342 
Qualifications of Contractors and Test Procedures for Vapor Recovery 
Systems for Gasoline Delivery Tanks. The removal of the previous 
version of R307-342 is addressed by the State's February 2, 2012 
submittal, which repeals R307-342 and amends R307-328, Gasoline 
Transfer and Storage, to account for the repeal of R307-342.
    These rule submissions, except for revisions to R307-101-2, R307-
103, and R307-328, and the repeal of R307-342, were requested for 
approval as RACM components of the PM2.5 SIP submitted by 
the State of Utah. Two of the non-RACM rule revisions do not pertain at 
all to the Utah PM2.5 SIPs: revisions to R307-328 and the 
repeal of R307-342. At the request of the State, EPA is not finalizing 
our proposed approval of a third non-RACM rule; R307-103, 
Administrative Procedures.
    For details of our evaluation of these rules, see the proposed 
notice and associated TSD.

II. Response to Comments

    EPA did not receive any comments on our proposed action.

III. Final Action

    For the reasons stated in our proposed notice and associated TSD, 
EPA is finalizing approval of revisions to Administrative Rule R307-
101-2, along with the additions/revisions/repeals in R307-300 Series; 
Requirements for Specific Locations (Within Nonattainment and 
Maintenance Areas), R307-303, R307-307, R307-335, R307-340 (repealed), 
R307-342 (repealed and replaced), R307-343, R307-344, R307-345, R307-
346, R307-347, R307-348, R307-349, R307-350, R307-351, R307-352, R307-
353, R307-354, R307-355, R307-356, R307-357, and R307-361 for 
incorporation into the Utah SIP as submitted by the State of Utah on 
May 9, 2013, June 8, 2013, February 18, 2014, April 17, 2014, May 20, 
2014, July 10, 2014, August 6, 2014, and December 9, 2014. We are also 
finalizing approval of Utah's determination that the above rules in 
R307-300 Series; Requirements for Specific Locations (Within 
Nonattainment and Maintenance Areas) constitute RACM for the Utah 
PM2.5 SIP for the specific source categories addressed; 
however, we are not acting to determine that Utah's PM2.5 
attainment plan has met all requirements regarding RACM under subparts 
1 and 4 of Part D, title I of the Act. We intend to act separately on 
the remainder of Utah's PM2.5 attainment plan.
    EPA is finalizing the conditional approval of revisions for R307-
312 found in the May 9, 2013 submittal and for R307-328 found in the 
February 2, 2012 submittal. Additionally, EPA is finalizing the 
conditional approval of Utah's determination that R307-312 constitutes 
RACM for the Utah PM2.5 SIP for aggregate processing 
operations. As stated above, we are not determining, however, that 
Utah's PM2.5 attainment plan has met all requirements 
regarding RACM under subparts 1 and 4 of Part D, title I of the Act. 
Under section 110(k)(4) of the Act, EPA may approve a SIP revision 
based on a commitment by the State to adopt specific enforceable 
measures by a date certain, but not later than one year after the date 
of approval of the plan revision. On August 4, 2015, Utah submitted a 
commitment letter to adopt and submit specific revisions within one 
year of our final action on these submittals; specifically to remove 
the phrase ``or equivalent method'' in one rule and to specify three 
equivalent methods in the other rule. Since we are finalizing our 
conditional approval, Utah must adopt and submit the specific revisions 
it has committed to within one year of our finalization. If Utah does 
not submit these revisions within one year, or if we find Utah's 
revisions to be incomplete, or we disapprove Utah's revisions, this 
conditional approval will convert to a disapproval. If any of these 
occur and our conditional approvals convert to a disapproval, that will 
constitute a disapproval of a required plan element under part D of 
title I of the Act, which starts an 18-month clock for sanctions, see 
CAA section 179(a)(2), and the two-year clock for a federal 
implementation plan (FIP) to address the disapproved plan element, see 
CAA section 110(c)(1)(B).
    EPA is not finalizing our proposed approval of R307-103, 
Administrative Procedures. The State informed us that they did not 
intend for R307-103 to be submitted for incorporation into the SIP. As 
the administrative procedures in R307-103 are unrelated to 
PM2.5 attainment plan requirements, this does not affect the 
remainder of our action. With the exception of provisions to meet the 
requirements of section 128 of the Act, which Utah plans to address 
separately, these administrative procedures are not required to be 
incorporated into the SIP.
    Finally, EPA is finalizing approval of the repeal of R307-342, 
Qualification of Contractors and Test Procedures for Vapor Recovery 
Systems for Gasoline Delivery Tanks, submitted by DAQ on February 2, 
2012.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Utah 
Department of Air Quality rules promulgated in the DAR, R307-300 Series 
as discussed in section III, Final Action, of this preamble. 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 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 action merely approves of state law as meeting 
federal requirements and does not impose additional requirements beyond 
those imposed by state law. For that reason, this final 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

[[Page 9345]]

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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where 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. 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 April 25, 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 section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

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

    Dated: September 28, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.

    Editorial note:  This document was received for publication by 
the Office of the Federal Register on February 19, 2016.

    40 CFR part 52 is amended to read 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)(83) to read as 
follows:

Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (83) On February 2, 2012, May 9, 2013, June 8, 2013, February 18, 
2014, April 17, 2014, May 20, 2014, July 10, 2014, August 6, 2014, and 
December 9, 2014, the Governor submitted revisions to the Utah State 
Implementation Plan (SIP) rules. The EPA is approving the repeal of 
R307-340 and R307-342. The EPA is approving the submitted revisions and 
associated nonsubstantive changes to the following rules: R307-307, 
R307-351-2, R307-351-4, and R307-355-5. The EPA is conditionally 
approving the submitted revisions to the following rules: R307-101 
(including nonsubstantive changes to R307-101-2), R307-312-5(2)(a), and 
R307-328-4(6). The EPA is approving the submitted revisions to the 
following rules: R307-303, R307-307, R307-312 (except R307-312-5(2)(a) 
which is conditionally approved), R307-328 (except R307-328-4(6) which 
is conditionally approved), R307-335, R307-342, R307-343, R307-344, 
R307-345, R307-346, R307-347, R307-348, R307-349, R307-350, R307-351 
(except R307-351-2 which is approved with nonsubstantive changes), 
R307-352, R307-353, R307-354, R307-355 (except R307-355-5 which is 
approved with nonsubstantive changes), R307-356, R307-357, R307-357-4, 
and R307-361.
    (i) Incorporation by reference.
    (A) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-101, General Requirements, R307-101-2, 
Definitions; effective February 1, 2013, as proposed in the Utah State 
Bulletin on October 1, 2012, and published as effective in the Utah 
State Bulletin on February 15, 2013.
    (B) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-303, Commercial Cooking; effective April 10, 
2013, as proposed in the Utah State Bulletin on August 1, 2012, 
December 1, 2012 and March 1, 2013 and published as effective in the 
Utah State Bulletin on May 1, 2013.
    (C) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-328, Gasoline Transfer and Storage; 
effective June 7, 2011, as proposed in the Utah State Bulletin on 
February 1, 2011 and May 1, 2011, and published as effective in the 
Utah State Bulletin on June 15, 2011.
    (D) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-335, Degreasing and Solvent Cleaning 
Operations; effective January 1, 2013, as proposed in the Utah State 
Bulletin on August 1, 2012 and December 1, 2012, and published as 
effective in the Utah State Bulletin on January 15, 2013.
    (E)(1) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-342, Adhesives and Sealants; effective 
August 1, 2013, as proposed in the Utah State Bulletin on March 1, 2013 
and July 1, 2013, and published as effective in the Utah State Bulletin 
on August 15, 2013.
    (2) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-357, Consumer Products (except R307-357-4, 
Standards); effective August 1, 2013, as proposed in the Utah State 
Bulletin on March 1, 2013 and July 1, 2013, and published as effective 
in the Utah State Bulletin on August 15, 2013.
    (F)(1) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-343, Emissions Standards for Wood Furniture 
Manufacturing Operations; effective May 1, 2013, as proposed in the 
Utah State Bulletin on October 1,

[[Page 9346]]

2012, January 1, 2013 and April 1, 2013, and published as effective in 
the Utah State Bulletin on May 15, 2013.
    (2) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-353, Plastic Parts Coatings; effective May 
1, 2013, as proposed in the Utah State Bulletin on October 1, 2012, 
January 1, 2013 and April 1, 2013, and published as effective in the 
Utah State Bulletin on May 15, 2013.
    (G)(1) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-312, Aggregate Processing Operations for 
PM2.5 Nonattainment Areas; effective February 1, 2013, as 
proposed in the Utah State Bulletin on October 1, 2012 and January 1, 
2013, and published as effective in the Utah State Bulletin on February 
15, 2013.
    (2) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-344, Paper, Film and Foil Coatings; 
effective February 1, 2013, as proposed in the Utah State Bulletin on 
October 1, 2012 and January 1, 2013, and published as effective in the 
Utah State Bulletin on February 15, 2013.
    (3) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-345, Fabric and Vinyl Coatings; effective 
February 1, 2013, as proposed in the Utah State Bulletin on October 1, 
2012 and January 1, 2013, and published as effective in the Utah State 
Bulletin on February 15, 2013.
    (4) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-346, Metal Furniture Surface Coatings; 
effective February 1, 2013, as proposed in the Utah State Bulletin on 
October 1, 2012 and January 1, 2013, and published as effective in the 
Utah State Bulletin on February 15, 2013.
    (5) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-347, Large Appliance Surface Coatings; 
effective February 1, 2013, as proposed in the Utah State Bulletin on 
October 1, 2012 and January 1, 2013, and published as effective in the 
Utah State Bulletin on February 15, 2013.
    (6) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-348, Magnet Wire Coatings; effective 
February 1, 2013, as proposed in the Utah State Bulletin on October 1, 
2012 and January 1, 2013, and published as effective in the Utah State 
Bulletin on February 15, 2013.
    (7) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-349, Flat Wood Panel Coatings; effective 
February 1, 2013, as proposed in the Utah State Bulletin on October 1, 
2012 and January 1, 2013, and published as effective in the Utah State 
Bulletin on February 15, 2013.
    (8) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-352, Metal Container, Closure and Coil 
Coatings; effective February 1, 2013, as proposed in the Utah State 
Bulletin on October 1, 2012 and January 1, 2013, and published as 
effective in the Utah State Bulletin on February 15, 2013.
    (9) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-354, Automotive Refinishing Coatings; 
effective February 1, 2013, as proposed in the Utah State Bulletin on 
October 1, 2012 and January 1, 2013, and published as effective in the 
Utah State Bulletin on February 15, 2013.
    (H) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-350, Miscellaneous Metal Parts and Products 
Coatings; effective December 3, 2013, as proposed in the Utah State 
Bulletin on August 1, 2013 and November 1, 2013, and published as 
effective in the Utah State Bulletin on January 1, 2014.
    (I) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-356, Appliance Pilot Light; effective 
January 1, 2013, as proposed in the Utah State Bulletin on August 15, 
2012, and December 1, 2012, and published as effective in the Utah 
State Bulletin on January 15, 2013.
    (J) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-357, Consumer Products, R307-357-4, Consumer 
Products, Standards; effective May 8, 2014, as proposed in the Utah 
State Bulletin on April 1, 2014, and published as effective in the Utah 
State Bulletin on June 1, 2014.
    (K) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-361, Architectural Coatings; effective 
October 31, 2013, as proposed in the Utah State Bulletin on July 1, 
2013 and October 1, 2013, and published as effective in the Utah State 
Bulletin on November 15, 2013.
    (L) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-307, Road Salting and Sanding; effective 
February 1, 2013, as proposed in the Utah State Bulletin on October 1, 
2012 and January 1, 2013, and published as effective in the Utah State 
Bulletin on February 15, 2013.
    (M) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-351, Graphic Arts; effective February 1, 
2013, as proposed in the Utah State Bulletin on October 1, 2012 and 
January 1, 2013, and published as effective in the Utah State Bulletin 
on February 15, 2013.
    (N) Title R307 of the Utah Administrative Code, Environmental 
Quality, Air Quality, R307-355, Control of Emissions from Aerospace 
Manufacture and Rework Facilities; effective February 1, 2013, as 
proposed in the Utah State Bulletin on October 1, 2012 and January 1, 
2013, and published as effective in the Utah State Bulletin on February 
15, 2013.

[FR Doc. 2016-03898 Filed 2-24-16; 8:45 am]
 BILLING CODE 6560-50-P
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