Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Proposed Rules 35295 

Statutory Authority 

The statutory authority for this action 

is provided by section 110 of the CAA, 

as amended (42 U.S.C. 7410). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Sulfur dioxide, Reporting and 

recordkeeping requirements. 

Dated: June 1, 2015. 

Mark Hague, 

Acting Regional Administrator, Region 7. 

[FR Doc. 2015–14336 Filed 6–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2015–0085; FRL–9929–35– 

Region 8] 

Approval and Promulgation of State 

Implementation Plan Revisions; Rules, 

General Requirements and Test 

Methods; Utah 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of Utah 

on January 28, 2010, September 16, 

2010, June 18, 2013, and August 29, 

2014. These submittals revise the rules, 

general requirements and test methods 

for the State of Utah. The amendments 

also update the version of the Code of 

Federal Regulations (CFR) incorporated 

by reference into the rules of the State 

of Utah. EPA is not taking action on an 

April 26, 2012 submittal or a November 

4, 2013 submittal because they have 

been superseded by the August 29, 2014 

submittal. EPA is taking this action in 

accordance with section 110 of the 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before July 20, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2015–0085, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: ostendorf.jody@epa.gov 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Director, Air Program, 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. 

• Hand Delivery: Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mail Code 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8:00 a.m. to 4:30 p.m., excluding 

federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2015– 

0085. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA, without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to section I, 

General Information, of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

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: 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: 

Table of Contents 

I. General Information 

II. Analysis of the State Submittals 

III. What Action is EPA Taking Today? 

IV. Incorporation by Reference 

V. Statutory and Executive Orders Reviews 

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; 


rmajette on DSK2TPTVN1PROD with PROPOSALS
35296 Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Proposed Rules 

• 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; and, 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Analysis of the State Submittals 

In this proposed rulemaking, we are 

proposing to approve four submittals 

into Utah’s SIP. The January 28, 2010 

submittal revises R307–405–2, Permits: 

Major Sources in Attainment or 

Unclassified Areas (PSD) and R307–102, 

General Requirements: Broadly 

Applicable Requirements. The submittal 

revises R307–405–2, which incorporates 

by reference the federal Prevention of 

Significant Deterioration (PSD) 

permitting program in 40 CFR 52.21. 

Changes include the exclusion of 

ethanol production facilities from the 

definition of chemical process plants, 

and the clarification in the record 

keeping requirements for a modification 

where there is a ‘‘reasonable possibility’’ 

that the change would result in a 

significant increase of any regulated 

New Source Review (NSR) pollutant. 

The ethanol exclusion Final Rule was 

issued by EPA (72 FR 24060, May 1, 

2007). EPA approved Utah’s revised 

rules to implement the non-vacated 

provisions of EPA’s NSR Reform 

regulations (76 FR 41712, July 15, 2011). 

EPA proposes to approve this part of the 

submittal. 

The January 28, 2010 SIP revision also 

updates the incorporation by reference 

date of the 40 CFR to July 1, 2008. EPA 

is not taking action on this proposed 

update because it was superseded by the 

August 29, 2014 submittal that we are 

acting on in this document. 

EPA also proposes to approve R307– 

102, General Requirements: Broadly 

Applicable Requirements, which 

changes the authorization from Title 63– 

46b–4 to Title 63G–4–202, due to the 

recodification of Title 63 made by 

House Bill 63 Chapter 328, Laws of Utah 

2008. 

The January 28, 2010 submittal 

revised R307–101–2, Definitions, to 

update the threshold limit values to the 

2009 American Conference of 

Governmental Industrial Hygienists 

publication of Threshold Limit Values 

for Chemical Substances and Physical 

Agents & Biological Exposure Indices. 

However, a March 19, 2014 letter from 

the Governor withdrew the January 28, 

2010 submittal of R307–101–2. No 

further action is required on this 

submittal. 

The September 16, 2010 submittal 

revises R307–101–2, to add the 

definition of PM2.5, and General 

Requirements: Definitions. The existing 

R307–101–2 was approved by EPA on 

September 2, 2008 (73 FR 51222).The 

definition of ‘‘PM2.5,’’ consistent with 

the definition at 40 CFR 50.7, means 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

2.5 micrometers as measured by an EPA 

reference or equivalent method. We 

propose to approve this definition of 

PM2.5. 

The September 16, 2010 submittal 

also updates R307–214, National 

Emission Standards for Hazardous Air 

Pollutants to add 12 new federal 

Maximum Achievable Control 

Technology (MACT) standards that may 

apply to sources of hazardous air 

pollutants in Utah. The amendments to 

R307–101–3 and R307–214 update the 

version of the Code of Federal 

Regulations incorporated by reference 

into the rules of the State of Utah. 

However, a March 19, 2014 letter from 

the Governor withdrew the request to 

approve the September 16, 2010 

submittal regarding R307–214, National 

Emission Standards For Hazardous Air 

Pollutants, which is the Utah Air 

Quality rule that incorporates by 

reference provisions of 40 CFR parts 61 

and 63. There is no requirement for 

parts 61 and 63 to be incorporated into 

Utah’s SIP, so no further action is 

required on that part of the submittal. 

EPA is not taking action on the 

proposed update to the version of the 

Code of Federal Regulations for R307– 

101–3, because it was superseded by the 

August 29, 2014 submittal that EPA is 

proposing to approve in this document. 

The June 18, 2013 submittal revises 

R307–401–15, Air Strippers and Soil 

Venting Projects, to refer to the most 

recent test methods and to allow sources 

to use future updated federallyapproved methods. The existing rule 

was (conditionally) approved by EPA 

(79 FR 27190, May 13, 2014), after EPA 

received a commitment letter from the 

State of Utah to remove the Director’s 

Discretion language within one year or 

EPA’s action would revert to a 

disapproval. The State submitted 

proposed revised language within the 

one-year deadline and requested that 

EPA approve the following language in 

R307–401–15(3)(a), ‘‘Emissions 

estimates of volatile organic compounds 

shall be based on test data obtained in 

accordance with the test method in the 

EPA document SW–846, Test #8260c or 

8261a, or the most recent EPA revision 

of either test method if approved by the 

director.’’ Utah also proposes to revise 

R307–401–15(3)(b), to now state, 

‘‘Emissions estimates of hazardous air 

pollutants shall be based on test data 

obtained in accordance with the test 

method in EPA document SW–846, Test 

#8021B or the most recent EPA revision 

of the test method if approved by the 

director.’’ This language provides the 

certainty required to ensure the 

appropriate EPA approved test is used 

and, because EPA routinely updates test 

methods, this language allows the State 

to use the most current version of the 

test method without having to do a SIP 

revision. We propose to approve these 

revisions. 

The June 18, 2013 submittal also 

proposes a non-substantive change to renumber R307–410–5(1)[(d)] to R307– 

410–5(1)(c)(i)(C). EPA is not acting on 

this proposed change because EPA 

disapproved R307–410–5, 

Documentation of Ambient Air Impacts 

for Hazardous Air Pollutants on 

February 6, 2014 due to lack of EPA 

authority to approve provisions that 

only address hazardous air pollutants in 

a SIP revision under CAA section 110 

(79 FR 7072). 

The April 26, 2012 submittal revises 

R307–101–3, General Requirements; 

Version of Code of Federal Regulations 

Incorporated by Reference. EPA is not 

taking action on this submittal because 

it was superseded by the August 29, 

2014 submittal that EPA is acting on in 

this document. 

The November 4, 2013 submittal also 

revises R307–101–3, General 

Requirements; Version of Code of 

Federal Regulations Incorporated by 

Reference. EPA is not taking action on 

this submittal because it was 

superseded by the August 29, 2014 

submittal that EPA is acting on in this 

document. 

The August 29, 2014 submittal 

amends R307–101–3, General 

Requirements, Version of Code of 

Federal Regulations Incorporated by 

Reference and supersedes and replaces 

all previous versions of submittals 

received on January 28, 2010, 

September16, 2010, April 26, 2012 and 

November 4, 2013. No further EPA 

action is required on those earlier 

submittals. The existing rule was 

approved by EPA on September 2, 2008 

(73 FR 51222). Except as specifically 

identified in an individual rule, the 

version of the CFR incorporated 

throughout R307 is dated July 1, 2013. 

The August 29, 2014 submittal 

amends R307–101–3 to include four 


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Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Proposed Rules 35297 

chemical compounds on the list of 

compounds excluded from the 

definition of VOC, as found in EPA rule 

at 40 CFR 51.100(s), on the basis that 

each of these compounds makes a 

negligible contribution to tropospheric 

ozone formation. These compounds 

consist of four hydrofluoropolyethers 

(HFPEs) which are identified as 

HCF2OCF2H (also known as HFE–134), 

HCF2OCF2OCF2H (also known as HFE– 

236cal2), HCF2OCF2CF2OCF2H (also 

known as HFE–338pcc13), and 

HCF2OCF2OCF2CF2OCF2H (also 

known as H-Galden 1040X or H-Galden 

ZT 130 (or 150 or 180)). If an entity uses 

or produces any of these four HFPE 

compounds (these being in the family of 

products known by the trade name HGalden) and is subject to the EPA 

regulations limiting the use of VOC in 

a product, limiting the VOC emissions 

from a facility, or otherwise controlling 

the use of VOC for purposes related to 

attaining the ozone national ambient air 

quality standards (NAAQS), then the 

compound will not be counted as a VOC 

in determining whether these regulatory 

obligations have been met. 

This EPA rule, Air Quality: Revision 

to Definition of Volatile Organic 

Compounds—Exclusion of a Group of 

Four Hydrofluoropolyethers (HFPEs), 

was finalized on February 12, 2013 (78 

FR 9823). EPA proposes to approve this 

SIP revision. 

Finally, the August 29, 2014 submittal 

updates the version of the CFR 

incorporated by reference into the rules 

of the State of Utah to reflect that 40 

CFR 60.56c(d)(2) of subpart Ec was 

removed from federal regulation (78 FR 

28052). That provision previously 

excluded Hospital Medical Infectious 

Waste Incinerators (HMIWI) units from 

having to comply with standards during 

periods of Startup Shutdown 

Malfunction (SSM) provided that no 

hospital waste or medical/infectious 

waste was being charged to the unit 

during those SSM periods. That 

provision was removed from federal 

regulation on May 13, 2013 (78 FR 

28052). EPA proposes to approve this 

SIP revision. 

III. What action is EPA taking today? 

EPA is proposing to approve the SIP 

revisions submitted by Utah on January 

28, 2010, September 16, 2010, June 18, 

2013 and August 29, 2014. We are 

proposing to approve the January 28, 

2010 revisions to R307–405–2, with 

exception to the proposed change to the 

incorporation by reference date, and 

proposing to approve all of the revisions 

to R307–102. We are proposing to 

approve the June 18, 2013 SIP revisions, 

with the exception of the nonsubstantive 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 

proposes to approve the August 29, 

2014 revisions. Previous submittals 

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. 

IV. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the Utah Division of Air Quality rules 

regarding rules, general requirements, 

and test methods 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 proposed 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 

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). 

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: June 3, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2015–15158 Filed 6–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Chapter I 

[EPA–HQ–OPP–2014–0818; FRL–9929–16] 

Proposal To Mitigate Exposure to Bees 

From Acutely Toxic Pesticide 

Products; Extension of Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 


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