46836 Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Rules and Regulations 

minutes prior to the beginning, during, 

and thirty minutes following the 

conclusion of the Parade of Ships. The 

Captain of the Port may be assisted by 

other federal, state, or local agencies as 

needed. 

In order to transit through this safety 

zone, authorization must be granted by 

the Captain of the Port, Puget Sound or 

his designated representative. All vessel 

operators desiring entry into this safety 

zone shall gain authorization by 

contacting either the on-scene patrol 

craft on VHF Ch 13 or Ch 16, or Coast 

Guard Sector Puget Sound Joint Harbor 

Operations Center (JHOC) via telephone 

at (206) 217–6002. Vessel operators 

granted permission to enter this safety 

zone will be escorted by the on-scene 

patrol until no longer within the safety 

zone. 

This document is issued under 

authority of 33 CFR 165.1330 and 5 

U.S.C. 552(a). In addition to this notice 

of enforcement in the Federal Register, 

the Coast Guard will provide the 

maritime community with advanced 

notification of the safety zone via the 

Local Notice to Mariners and marine 

information broadcasts. If the Captain of 

the Port determines that the regulated 

area need not be enforced for the full 

duration stated in this notice of 

enforcement, he may use a Broadcast 

Notice to Mariners to grant general 

permission to enter the regulated area. 

Dated: July 13, 2016. 

M.W. Raymond, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2016–16979 Filed 7–18–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2016–0221; FRL–9948–89- 

Region 8] 

Approval and Promulgation of State 

Implementation Plan Revisions to 

Permits, Rules and Approval Orders; 

Utah 

AGENCY: Environmental Protection 

Agency. 

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 10, 2012 and 

August 29, 2014. These submittals 

request SIP revisions to remove changes 

to the major source baseline date that 

were disapproved by the EPA on July 

15, 2011. The submittals also address 

the EPA’s February 6, 2014 disapproval 

of several permit rules related to the 

public availability of good engineering 

practice stack height demonstrations in 

the public comment process for an 

approval order, and the process for 

making emission reductions enforceable 

in an approval order. The EPA is taking 

this action in accordance with section 

110 of the Clean Air Act (CAA). 

DATES: This rule is effective on 

September 19, 2016 without further 

notice, unless EPA receives adverse 

comments by August 18, 2016. If 

adverse comments are received, the 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: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2016–0221, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.,) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

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. Why is EPA using a direct final rule? 

The EPA is publishing this rule 

without a prior proposed rule because 

we view this as a noncontroversial 

action and anticipate no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, we are publishing a separate 

document that will serve as the 

proposed rule to approve the SIP 

revisions if adverse comments are 

received on this direct final rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. 

If the EPA receives adverse comment, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that this direct final rule will not 

take effect. We would address all public 

comments in any subsequent final rule 

based on the proposed rule. 

II. What should I consider as I prepare 

my comments for the EPA? 

A. Submitting CBI. Do not submit this 

information to the EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in 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. 

B. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• 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. 


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Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Rules and Regulations 46837 

1 62 FR 27968 (May 22, 1997). 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

III. Analysis of the State Submittals 

Utah’s February 10, 2012 submittal 

removes changes to the major source 

baseline date that were disapproved by 

the EPA on July 15, 2011. The EPA 

disapproved R307–405–3(3)(a)(i) 

because it defined ‘‘Major Source 

Baseline Date’’ in a manner inconsistent 

with the federal definition found at 40 

CFR 52.21(b)(14). The EPA approves 

these revisions. 

The August 29, 2014 SIP revisions 

address the EPA’s February 6, 2014 

disapproval of R307–410–2, Permits: 

Emissions Impact Analysis, Definitions; 

R307–410–6, Permits: Emissions Impact 

Analysis, Stack Heights and Dispersion 

Techniques; and R307–401–12, Permit: 

New and Modified Sources, Reduction 

in Air Contaminants. The submittal also 

amends R307–410–2 to incorporate by 

reference the date of the Code of Federal 

Regulations referenced in R307–101–3. 

The EPA approves these revisions. The 

submittal amends R307–410–6 to 

require the director to notify the public 

of the availability of a demonstration 

that the source stack height meets good 

engineering practice, and to provide an 

opportunity for public hearing on it as 

required by 40 CFR 51.164. This 

conforms to what is required by R307– 

401–7, Public Notice, and the EPA 

approves this revision. 

Finally, the submittal amends R307– 

401–12 to exempt an owner or operator 

of a stationary source of air 

contaminants that reduces or eliminates 

air contaminants from the requirement 

to submit a notice of intent and obtain 

an approval order prior to construction 

if certain conditions are met. Those 

conditions are: a) the project does not 

increase the potential to emit of any air 

contaminant or cause emissions of any 

new air contaminant; and b) the director 

is notified of the change and the 

reduction of air contaminants is made 

enforceable through an approval order 

in accordance with the notification 

requirements of R307–401–12. The EPA 

approves these revisions. 

IV. What action is the EPA taking 

today? 

The EPA is taking direct final action 

to approve the SIP revisions submitted 

by the State of Utah on February 10, 

2012 and August 29, 2014. The 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, 

the 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 September 19, 2016 without 

further notice unless the Agency 

receives adverse comments by August 

18, 2016. If the EPA receives adverse 

comments, the EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. The 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 the 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, the EPA may 

adopt as final those provisions of the 

rule that are not the subject of an 

adverse comment. 

V. 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 of the Utah 

rules described in the amendments to 40 

CFR part 52 set forth below. Therefore, 

these materials have been approved by 

the EPA for inclusion in the State 

Implementation Plan, have been 

incorporated by reference by the EPA 

into that plan, are fully federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of the EPA’s approval, 

and will be incorporated by reference by 

the Director of the Federal Register in 

the next update to the SIP compilation.1

The EPA has made, and will continue 

to make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region 8 Office 

(please contact the person identified in 

the ‘‘For Further Information Contact’’ 

section of this preamble for more 

information). 

VI. 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, the 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 a 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 the 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 the 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 


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46838 Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Rules and Regulations 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The 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 September 19, 

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 the 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: June 22, 2016. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

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 paragraph (c) is 

amended by: 

■ a. In the table, under the heading 

‘‘R307–401, Permit: New and Modified 

Sources’’, adding in numerical order, a 

table entry for ‘‘R307–401–12’’; 

■ b. In the table, under the heading 

‘‘R307–405. Permits: Major Sources in 

Attainment or Unclassified Areas 

(PSD)’’ revising the table entry for 

‘‘R307–405–03’’; and 

■ c. In the table, under the heading 

‘‘R307–410. Permits: Emissions Impact 

Analysis’’, revising the table entries for 

‘‘R307–410–02’’ and ‘‘R307–410–06’’. 

The revisions and addition read as 

follows: 

§ 52.2320 Identification of plan. 

* * * * * 

(c) * * * 

Rule No. Rule title State effective 

date Final rule citation, date Comments 

*******

R307–401. Permit: New and Modified Sources 

* * * * * * * 

R307– 

401–12 

Reduction in Air Contaminants ......................... 08/07/2014 7/19/2016. [Insert FEDERAL REGISTER citation]

* * * * * * * 

R307–405. Permits: Major Sources in Attainment or Unclassified Areas (PSD) 

* * * * * * * 

R307– 

405–03 

Definitions ......................................................... 02/02/2012 7/19/2016. [Insert FEDERAL REGISTER citation]

* * * * * * * 

R307–410. Permits: Emissions Impact Analysis 

* * * * * * * 

R307– 

410–02 

Definitions ......................................................... 08/07/2014 7/19/2016. [Insert FEDERAL REGISTER citation]

* * * * * * * 

R307– 

410–06 

Stack Heights and Dispersion Techniques ...... 08/07/2014 7/19/2016. [Insert FEDERAL REGISTER citation]

* * * * * * * 

* * * * * 

[FR Doc. 2016–16963 Filed 7–18–16; 8:45 am] 

BILLING CODE 6560–50–P 


ehiers on DSK5VPTVN1PROD with RULES