Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 4959 

SIP revisions, with the exception of the 

non-substantive change to re-number 

R307–410–5(1)[(d)] to R307–410– 

5(1)(c)(i)(C). The August 29, 2014 

submittal’s newly amended rule 

supersedes and replaces all previous 

versions of submittals of R307–101–3, 

General Requirements, Version of Code 

of Federal Regulations Incorporated by 

Reference. EPA is approving the August 

29, 2014 revisions. Previous submittals 

of R307–101–3 were received on 

January 28, 2010, September 16, 2010, 

April 26, 2012 and November 4, 2013. 

No further EPA action is required on 

these earlier submittals. 

(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 December 2, 2009 as proposed 

in the Utah State Bulletin on October 1, 

2009, and published as effective in the 

Utah State Bulletin on January 1, 2010. 

(B) Title R307 of the Utah 

Administrative Code, Environmental 

Quality, Air Quality, R307–101, General 

Requirements, R307–101–3, Version of 

Code of Federal Regulations 

Incorporated by Reference; effective 

August 7, 2014, as proposed in the Utah 

State Bulletin on June 1, 2014, and 

published as effective in the Utah State 

Bulletin on September 1, 2014. 

(C) Title R307 of the Utah 

Administrative Code, Environmental 

Quality, Air Quality, R307–401, Permit: 

New and Modified Sources, R307–401– 

15, Air Strippers and Soil Venting 

Projects; effective February 7, 2013, as 

proposed in the Utah State Bulletin on 

December 1, 2012, and published as 

effective in the Utah State Bulletin on 

March 1, 2013. 

(D) Title R307 of the Utah 

Administrative Code, Environmental 

Quality, Air Quality, R307–405, Permits: 

Major Sources in Attainment or 

Unclassified Areas (PSD), R307–405–2, 

Applicability; effective February 5, 

2009, as proposed in the Utah State 

Bulletin on November 1, 2008, and 

published as effective in the Utah State 

Bulletin on March 1, 2009. 

[FR Doc. 2016–01550 Filed 1–28–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2015–0371; FRL–9932–59– 

Region 8] 

Approval and Promulgation of State 

Implementation Plan Revisions; Rules, 

Public Notice and Comment Process, 

and Renumbering; Utah 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve State Implementation 

Plan (SIP) revisions submitted by the 

State of Utah on February 25, 2013, 

August 5, 2013, and March 5, 2014. 

These submittals request SIP revisions 

to incorporate several changes to Utah’s 

rules, including the permit public notice 

and comment process requirements, and 

renumbering for the ‘‘Interstate 

Transport’’ provisions. EPA is taking 

this action in accordance with section 

110 of the Clean Air Act (CAA). 

DATES: This rule is effective on March 

29, 2016 without further notice, unless 

EPA receives adverse comments by 

February 29, 2016. If adverse comments 

are 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: The EPA has established a 

docket for this action under Docket 

Identification Number EPA–R08–OAR– 

2015–0371. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information the disclosure of 

which is restricted by statute. Certain 

other material, such as copyrighted 

material, is not placed on the Internet 

and will be publicly available only in 

the hard copy form. Publicly available 

docket materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

EPA Region 8, Office of Partnerships 

and Regulatory Assistance, Air Program, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. The EPA requests that you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:00 a.m.–4:00 p.m., excluding federal 

holidays. An electronic copy of the 

State’s SIP compilation is also available 

at http://www.epa.gov/region8/air/

sip.html. 

FOR FURTHER INFORMATION CONTACT: Jody 

Ostendorf, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–7814, 

ostendorf.jody@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

What should I consider as I prepare my 

comments for EPA? 

1. Submitting Confidential Business 

Information (CBI). Do not submit CBI to 

EPA through http://www.regulations.gov 

or email. Clearly mark the part or all of 

the information that you claim to be 

CBI. For CBI information on 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: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register volume, date, and page 

number). 

• Follow directions and organize your 

comments. 

• Explain why you agree or disagree. 

• Suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Analysis of the State Submittals 

Utah’s February 25, 2013 submittal, in 

part, renumbers R307–110–36, Section 

XXIII, Interstate Transport, to R307– 


jstallworth on DSK7TPTVN1PROD with RULES
4960 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 

110–37. On November 10, 2014, EPA 

proposed the addition of a new R307– 

110–36, Section X, Vehicle Inspection 

and Maintenance Program, Part F., 

Cache County (79 FR 66670). This 

rulemaking approves the new 

numbering of the Interstate Transport 

provision into Utah’s SIP as R307–110– 

37. 

The August 5, 2013 SIP revision gives 

authority to the Director of the Division 

of Air Quality to make regulatory 

decisions that were previously made by 

the Air Quality Board or the Executive 

Secretary of the Air Quality Board. This 

revision conforms with Utah Senate Bill 

21, which was passed by the Utah State 

Legislature during the 2012 legislative 

session. Most of these changes are 

administrative in nature because they 

replace ‘‘executive secretary’’ with 

‘‘director,’’ and, in Utah, they are the 

same person. The 22 rules where this 

change occurs are R307–105, 130, 165, 

170, 201, 203, 204, 205, 250, 305, 306, 

320, 326, 327, 328, 341, 401, 403, 405, 

406, 410 and 414. 

Three rules in the August 5, 2013 

submittal, however, result in 

substantive changes to comply with 

Utah Senate Bill 21. The three rules are: 

R307–101, General Requirements; 

R307–102, General Requirements: 

Broadly Applicable Requirements; and 

R307–307, Davis, Salt Lake, and Utah 

Counties: Road Salting and Sanding. 

The changes in these rules replace 

occurrences of ‘‘board’’ with ‘‘director,’’ 

add definitions for ‘‘director’’ and 

‘‘division,’’ and remove the definition of 

‘‘executive secretary.’’ As these changes 

update the Utah SIP to ensure the 

proper authorities are consistent with 

the state code, EPA is approving these 

revisions. 

The March 5, 2014 SIP revision to 

R307–401–7, Permit: New and Modified 

Sources, Public Notice, addresses a 

previous EPA disapproval by 

establishing a 30-day public comment 

period for the public notice and 

comment period for all permit actions 

for new or modified sources. Previously, 

Utah had revised its permit public 

notice procedures for minor sources to 

allow for a 10-day public comment 

period for an approval or disapproval 

order issued under R307–401–8 and 

requested EPA to approve that SIP 

revision. EPA disapproved that request 

because it is inconsistent with Utah’s 

current federally approved SIP (79 FR 

7072, February 6, 2014). In that 

disapproval, EPA also noted that federal 

regulations for Public Availability of 

Information found at 40 CFR 

51.161(b)(2) require at a minimum a 30- 

day public comment period for the 

permitting of a source, including minor 

source permits. EPA is approving this 

revision. 

III. What action is EPA taking today? 

EPA is taking direct final action to 

approve the SIP revisions submitted by 

the State of Utah on February 25, 2013, 

August 5, 2013, and March 5, 2014. EPA 

is approving a portion of the February 

25, 2013 submittal which renumbers 

R307–110–36, Interstate Transport to 

R307–110–37, to allow the addition of 

Section X, Vehicle Inspection and 

Maintenance Program, Part F., Cache 

County. EPA is approving the August 5, 

2013 SIP revisions, which give the 

Director of the Division of Air Quality 

the authority to make regulatory 

decisions that were previously made by 

either the Air Quality Board or the 

Executive Secretary of the Air Quality 

Board. Finally, EPA is approving the 

March 5, 2014 submittal which 

establishes a 30-day public comment 

period for the public notice and 

comment period for permitting actions 

for new or modified sources. 

EPA is approving the proposed SIP 

revisions as a direct final action without 

prior proposal because the Agency 

views the revisions as noncontroversial 

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 revisions if adverse 

comments are filed. This rule will be 

effective March 29, 2016 without further 

notice unless the Agency receives 

adverse comments by February 29, 

2016. 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. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference for the 

revisions to the Utah Division of Air 

Quality rules including, the permit 

public notice and comment process, and 

renumbering discussed in section II, 

Analysis of the State Submittals, of this 

preamble. The 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 Orders 

Review 

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 actions, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this direct final action 

merely approves some 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 in 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 


jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 4961 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

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 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 March 29, 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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 

organic compounds. 

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

Dated: August 4, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

Editorial Note: This document was 

received for publication by the Office of 

Federal Register on January 14, 2016. 

40 CFR part 52 is amended to read as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart TT—Utah 

■ 2. Section 52.2320 is amended by 

adding paragraph (c)(81) to read as 

follows: 

§ 52.2320 Identification of plan. 

* * * * * 

(c) * * * 

(81) On February 25, 2013, August 5, 

2013, and March 5, 2014, the Governor 

submitted revisions to the Utah State 

Implementation Plan (SIP) rules. The 

February 25, 2013 submittal renumbers 

Interstate Transport to R307–110–37. 

The August 5, 2013 SIP revisions give 

the Director of the Division of Air 

Quality the authority to make regulatory 

decisions that were previously made by 

either the Air Quality Board or the 

Executive Secretary of the Air Quality 

Board. The March 5, 2014 submittal 

establishes a 30-day public comment 

period for the public notice and 

comment period for all actions for new 

or modified sources. EPA is approving 

these revisions. 

(i) Incorporation by reference. 

(A) Title R307 of the Utah 

Administrative Code, Environmental 

Quality, Air Quality, R307–110, General 

Requirements: State Implementation 

Plan, R307–110–37, Section XXIII, 

Interstate Transport; effective December 

6, 2012, as proposed in the Utah State 

Bulletin on October 1, 2012, and 

published as effective in the Utah State 

Bulletin on January 1, 2013. 

(B) Title R307 of the Utah 

Administrative Code, Environmental 

Quality, Air Quality, R307–401, Permit: 

New and Modified Sources, R307–401– 

7, Public Notice; effective October 3, 

2013, as proposed in the Utah State 

Bulletin on August 1, 2013, and 

published as effective in the Utah State 

Bulletin on November 1, 2013. 

(C) Title R307 of the Utah 

Administrative Code, Environmental 

Quality, Air Quality, R307–101, General 

Requirements; effective November 8, 

2012, as proposed in the Utah State 

Bulletin on September 1, 2012, and 

published as effective in the Utah State 

Bulletin on December 1, 2012. 

(D) Title R307 of the Utah 

Administrative Code, Environmental 

Quality, Air Quality, R307–102, General 

Requirements: Broadly Applicable 

Requirements; effective November 8, 

2012, as proposed in the Utah State 

Bulletin on September 1, 2012, and 

published as effective in the Utah State 

Bulletin on December 1, 2012. 

(E) Title R307 of the Utah 

Administrative Code, Environmental 

Quality, Air Quality, R307–307, Davis, 

Salt Lake, and Utah Counties: Road 

Salting and Sanding; effective 

November 8, 2012, as proposed in the 

Utah State Bulletin on September 1, 

2012, and published as effective in the 

Utah State Bulletin on December 1, 

2012. 

[FR Doc. 2016–01022 Filed 1–28–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–2015–2015–0661; FRL–9940–27– 

Region 6] 

Arkansas: Final Authorization of StateInitiated Changes and Incorporation by 

Reference of Approved State 

Hazardous Waste Management 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: During a review of Arkansas’ 

regulations, the Environmental 

Protection Agency (EPA) identified two 

State-initiated changes to its hazardous 

waste program under the Resource 

Conservation and Recovery Act (RCRA). 

We have determined that these changes 

are minor and satisfy all requirements 

needed to qualify for Final authorization 

and are authorizing the State-initiated 

changes through this direct Final action. 

The Solid Waste Disposal Act, as 

amended, commonly referred to as the 

Resource Conservation and Recovery 

Act (RCRA), allows the Environmental 

Protection Agency (EPA) to authorize 

States to operate their hazardous waste 

management programs in lieu of the 

Federal program. The EPA uses the 

regulations entitled ‘‘Approved State 

Hazardous Waste Management 


jstallworth on DSK7TPTVN1PROD with RULES