Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Proposed Rules 59681 

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 in 

EDOCKET or in hard copy during 

normal business hours at the Air and 

Radiation Docket, (EPA/DC) EPA West, 

Room B102, 1301 Constitution Ave., 

NW., Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Reading Room is (202) 566–1744, and 

the telephone number for the Air Docket 

is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Marcia L. Spink, Associate Director for 

Air Programs, Air Protection Division, 

Mail Code 3AP20, U.S. EPA Region III, 

1650 Arch Street, Philadelphia, PA 

19103, telephone (215) 814–2104, or by 

e-mail at spink.marcia @epa.gov. To 

schedule a meeting with EPA, please 

contact David Sanders, U.S. EPA, Ozone 

Policy & Strategies Group, Air Quality 

Strategies & Standards Division, Mail 

Code C539–02, Office of Air Quality 

Planning & Standards, Research 

Triangle Park, NC 27711, telephone 

(919) 541–3356, or by e-mail at 

sanders.dave@epa.gov. 

Dated: October 5, 2005. 

William L. Wehrum, 

Acting Assistant Administrator, Office of Air 

and Radiation. 

[FR Doc. 05–20520 Filed 10–12–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[RME Docket No. R08–OAR–2005–UT–0001, 

FRL–7983–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Utah; 

Rules Recodification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the Governor of 

Utah on September 20, 1999 and 

February 5, 2001. The September 20, 

1999 submittal revises the numbering 

and format of the Utah Administrative 

Code (UAC) rules within Utah’s SIP. 

The February 5, 2001 submittal restores 

a paragraph that was inadvertently 

deleted from Utah’s rules when the 

State submitted their September 20, 

1999 SIP submittal that renumbered the 

UAC rules. The intended effect of this 

action is to make these provisions 

federally enforceable. In addition, the 

approval of Utah’s September 20, 1999 

SIP revision supersedes and replaces 

previous SIP revisions submitted by 

Utah on October 26, 2000, September 7, 

1999, two SIP revisions submitted 

February 6, 1996, and one submitted on 

January 27, 1995. Some of the 

provisions of the rules submitted in 

Utah’s SIP revisions will be addressed at 

a later date by more recent SIP actions 

that have been submitted which 

supersede and replace the earlier SIP 

submittal actions. EPA will be removing 

Utah’s Asbestos Work Practices, 

Contractor Certification, AHERA 

Accreditation and AHERA 

Implementation rule R307–1–8 and 

Eligibility of Pollution Control 

Expenditures for Sales Tax Exemption 

rule R307–1–6 from Utah’s federally 

enforceable SIP because these rules are 

not generally related to attainment of 

the National Ambient Air Quality 

Standards (NAAQS) and are therefore 

not required to be in Utah’s SIP. Finally, 

EPA will be removing Utah’s National 

Emission Standards for Hazardous Air 

Pollutants rule R307–1–4.12. Utah has 

delegation of authority for NESHAPs in 

40 CFR part 61 (49 FR 36368), pursuant 

to 110(k)(6) of the Act, therefore we are 

removing the existing language (R307–

1–4.12) that was approved into Utah’s 

current SIP because it is no longer 

required to be in the SIP. This action is 

being taken under section 110 of the 

Clean Air Act. 

DATES: Comments must be received on 

or before November 14, 2005. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. R08–OAR–

2005–UT–0001, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Website: http:// 

docket.epa.gov/rmepub/index.jsp. 

Regional Materials in EDOCKET (RME), 

EPA’s electronic public docket and 

comment system for regional actions, is 

EPA’s preferred method for receiving 

comments. Follow the on-line 

instructions for submitting comments. 

• E-mail: long.richard@epa.gov and 

faulk.libby@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Richard R. Long, Director, Air 

and Radiation Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 999 18th Street, Suite 

200, Denver, Colorado 80202–2466. 

• Hand Delivery: Richard R. Long, 

Director, Air and Radiation Program, 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 999 

18th Street, Suite 200, Denver, Colorado 

80202–2466. Such deliveries are only 

accepted Monday through Friday, 8 a.m. 

to 4:55 p.m., excluding federal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. R08–OAR–2005–UT–

0001. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available at http://docket.epa.gov/ 

rmepub/index.jsp, 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 EDOCKET, 

regulations.gov, or e-mail. The EPA’s 

Regional Materials in EDOCKET and 

federal regulations.gov website are 

‘‘anonymous access’’ systems, 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 e-mail comment directly 

to EPA, without going through 

EDOCKET or 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 

EDOCKET online or see the Federal 

Register of May 31, 2002 (67 FR 38102). 

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 Regional Materials in 

EDOCKET index at http:// 

docket.epa.gov/rmepub/index.jsp. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

59682 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Proposed Rules 

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 in 

Regional Materials in EDOCKET or in 

hard copy at the Air and Radiation 

Program, Environmental Protection 

Agency (EPA), Region 8, 999 18th 

Street, Suite 200, Denver, Colorado 

80202–2466. 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 a.m. to 4 p.m., excluding 

federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Libby Faulk, EPA, Region 8, 999 18th 

Street, Ste. 200 (8P–AR), Denver, CO, 

80202–2466, (303) 312–6083, 

faulk.libby@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’, ‘‘us’’, or ‘‘our’’ are used, we mean 

the Environmental Protection Agency 

(EPA). 

Table of Contents 

I. General Information 

II. What Is the Purpose of this Proposed 

Action? 

III. Utah Rules EPA is Proposing to Act On 

IV. Statutory and Executive Order Review 

I. General Information 

Definitions—For the purpose of this 

document, we are giving meaning to 

certain words or initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials SIP mean or refer to 

State Implementation Plan. 

(iv) The words State mean the State 

of Utah, unless the context indicates 

otherwise. 

A. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through Regional 

Materials in EDOCKET, regulations.gov 

or e-mail. 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. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

I. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

II. 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. 

III. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

IV. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

V. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

VI. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

VII. 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. What Is the Purpose of This 

Proposed Action? 

In this document we are addressing 

seven State Implementation Plan (SIP) 

revisions, submitted by the Governor of 

Utah dated: February 5, 2001, October 

26, 2000, September 20, 1999, 

September 7, 1999, two SIP revisions 

submitted February 6, 1996, and one 

submitted on January 27, 1995. These 

SIP revisions modify the Utah 

Administrative Code (UAC) rules within 

Utah’s SIP. Each of these SIP submittals 

is described in more detail below. 

The September 20, 1999 submittal 

revises the numbering and format of the 

UAC rules within Utah’s SIP. The 

renumbering and reformatting of the 

UAC rules within Utah’s SIP provides 

for a more consistent numbering system 

and a coherent structure allowing 

provisions to be located more easily 

within Utah’s rules. Some provisions of 

the rules submitted in Utah’s September 

20, 1999 SIP revision will be addressed 

at a later date. 

We are not acting on a portion of 

Utah’s September 7, 1999 SIP submittal 

that deletes rule R307–150–1 (existing 

rule number R307–1–2.2) and rule 

R307–150–2 (existing rule number 

R307–1–3.1.7) because the renumbering 

of these rules have never been approved 

into the SIP and have since been 

superseded and replaced by Utah’s 

February 5, 2001 and October 9, 1998 

SIP submittals’. Rule R307–150–1 is 

restored to its appropriate rule section 

in Utah’s February 5, 2001 SIP submittal 

which we’ll be acting on in this action. 

The February 5, 2001 submittal contains 

a non-substantive change to correct a 

minor change that was submitted in the 

September 20, 1999 submittal that 

inadvertently deleted rule R307–102–

1(2) from Utah’s rules and moved the 

rule to R307–150–1. Rule renumbering 

R307–150–2 will not be addressed in 

this action because it will be addressed 

at a later date when EPA addresses 

Utah’s October 9, 1998 SIP submittal. 

Therefore, the existing rule R307–1–3.7 

which would have been renumbered to 

R307–150–2 will remain in Utah’s SIP. 

We are proposing to not act on Utah’s 

February 6, 1996 SIP submittal that 

pertains to Utah’s rule R307–2 and 

portions of Utah’s February 6, 1996 SIP 

submittal that pertains to rule R307–1–

4. These SIP submittals, and portions 

thereof, are superseded and replaced by 

Utah’s September 20, 1999 SIP 

submittal. 

We are proposing to act on a portion 

of Utah’s January 27, 1995 SIP submittal 

that pertains to Utah’s rules R307–1–

2.3.2. Utah’s rule R307–1–2.3.2 adds a 

reference to Utah’s Code to clarify 

where to find further information 

regarding Utah’s variance rule. We will 

not be addressing Utah’s revisions to 

rule R307–1–3.1.4 or R307–1–3.2.3. 

Utah’s rule R307–1–3.1.4 will be 

addressed at a later date when EPA 

addresses Utah’s October 9, 1998 SIP 

submittal. Therefore, rule R307–1–3.1.4 

will remain in the current SIP. Utah’s 

rule R307–1–3.2.3 will be addressed at 

a later date when EPA addresses Utah’s 

PM10 maintenance plan for Utah and 

Salt Lake County. Therefore, Utah’s rule 

R307–1–3.2.3 will remain in the current 

SIP. 

Finally, we are acting on removing 

Utah’s asbestos rule R307–1–8 from 

Utah’s federally enforceable SIP because 

the rule is not generally related to 

attainment of the NAAQS and is 

therefore, not appropriate to be in 

Utah’s SIP. We are also proposing to not 

act on Utah’s October 26, 2000 SIP 

submittal because the SIP pertains to 

changes being made to Utah’s asbestos 

rule R307–1–8 that we are removing 

from Utah’s SIP in this action. EPA 

informed UDAQ of our intent to not act 

on Utah’s October 26, 2000 SIP 

submittal and our intent to remove 

existing asbestos rule language (R307–

Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Proposed Rules 59683 

1–8) from Utah’s federally approved SIP 

in a letter to UDAQ, dated April 2, 2002. 

By this action, EPA has reviewed the 

Utah Department of Air Quality’s 

(UDAQ) SIP submittals and found that 

these SIP submittals only renumber and 

restructure UDAQ’s rules. EPA has not 

reviewed the substance of these rules as 

part of this action; EPA approved these 

state rules into the SIP in previous 

rulemakings. The EPA is now merely 

approving the renumbering system 

submitted by the State. The current 

version of UDAQ’s rules does not 

contain substantive changes from the 

prior codification that we approved into 

the SIP. EPA acknowledges that there 

are ongoing discussions with Utah to 

address EPA’s concerns with some rule 

language that EPA previously approved 

into the Utah SIP. In an April 18, 2002 

letter from Richard Sprott, Director of 

Utah’s Division of Air Quality, to 

Richard Long, Director of the Air and 

Radiation Program in EPA Region 8, 

UDAQ committed to work with us to 

address our concerns with the Utah SIP. 

Because the SIP submittals only 

restructure and renumber the existing 

SIP-approved regulations, contain no 

substantive changes, and UDAQ has 

committed to address EPA’s concerns, 

we believe it is appropriate to propose 

to approve the submittal. Approving the 

restructured and renumbered Utah rules 

into the SIP will also facilitate future 

discussions on the rules. EPA will 

continue to require the State to correct 

any rule deficiencies despite EPA’s 

approval of this recodificiation. 

The specific changes being proposed 

in this action are explained in more 

detail below (see III.A., III.B., and III.C.). 

III. Utah Rules EPA Is Proposing To Act 

On 

We reviewed Utah’s seven submittals 

and placed each rule section into a 

category based on the changes that were 

made in the rule and/or our action on 

the rule. The first category (see III.A. 

below) consists of those rules (and all 

subsections of the rule) which have 

been recodified and contain nonsubstantive changes to the text of the 

rule. We are proposing to approve the 

recodified rules and the non-substantive 

changes. The second category (see III.B. 

below) consists of rules (and all 

subsections of the rule) that we are 

proposing to take no action on or are 

acting to remove the rule language from 

Utah’s SIP. The rule(s) listed under 

category two have either never been 

approved into the SIP or have been 

approved into the SIP and are not 

appropriate to be in the federally 

approved SIP because the rule is not 

generally related to attainment of the 

National Ambient Air Quality Standards 

(NAAQS). The third category (see III.C. 

below) consists of rules (and all 

subsections of the rule) that have been 

superseded and replaced by other Utah 

SIP submittals that recodifies Utah’s 

rules or consists of rule(s) (and all 

subsections of the rule) that we will be 

addressing at a later date. 

A. Category 1 

We are proposing to approve the 

following rule changes of the Utah Air 

Quality Rules because the rules have 

only been renumbered, contain nonsubstantive changes to the rule that do 

not effect the meaning of the rule and/ 

or have been modified to move 

definitions that have already been 

approved into the SIP to specific rule 

sections in which the definitions apply. 

These renumbered rules and all 

subsections within these rules 

supersede and replace the prior 

numbered rules and subsections in 

Utah’s federally approved SIP. These 

rule changes were submitted under 

UDAQ’s SIP submittals dated January 

27, 1995, September 7, 1999, September 

20, 1999, and February 5, 2001. Any SIP 

revision submitted by the State after 

February 5, 2001 that is not addressed 

in this notice and has been approved by 

EPA will remain effective in the SIP and 

will not be replaced by this action. 

1. Rule R307–101—General 

Requirements (previously found under 

R307–1). This section contains UDAQ’s 

Forward and Definitions that apply to 

Utah’s air quality rules. We are 

approving the renumbering of this rule 

section and all subsections of this rule 

with the exception of the definitions for 

‘‘actual emissions,’’ ‘‘major 

modification,’’ ‘‘Part 70 Source,’’

‘‘significant,’’ and ‘‘volatile organic 

compound.’’ (See III.B.1.a. and b. 

below). R307–101 has only been 

renumbered and contains no changes to 

the language of the rule that would 

affect the meaning of the rule. UDAQ 

relocated some definitions from rule 

R307–101 to specific rule sections 

throughout Utah’s rules to better 

coordinate specific definitions that 

apply in specific rule sections. The 

definitions that were relocated to other 

rule sections contain no changes to the 

language that would affect the meaning 

of the rule. 

2. Rule R307–102—General 

Requirements: Broadly Applicable 

Requirements (previously found under 

R307–1–2.1, R307–1–2.3, R307–1.2.5, 

and R307–1–4.8). We are approving the 

renumbering of this rule section and all 

subsections of this rule that were 

submitted in Utah’s September 20, 1999 

and February 5, 2001 SIP submittals’’. In 

Utah’s September 20, 1999 SIP 

submittal Utah inadvertently moved 

rule R307–1–2.2 to rule section R307–

150–1 (State effective September 15, 

1998). When Utah realized their error, 

Utah submitted a SIP revision, dated 

September 7, 1999 (State effective 

March 4, 1999), deleting the rule from 

R307–150–1 and submitted a new SIP 

revision, dated February 5, 2001 (State 

effective August 3, 2000), that relocated 

the original rule R307–1–2.2 that was 

inadvertently moved to R307–150–1 to 

its appropriate location under the new 

numbering R307–102–1. We are also 

acting to approve a portion of Utah’s 

January 27, 1995 SIP submittal that 

pertains to rule R307–1–2.3.1 which in 

this action is being renumbered to 

R307–102–4(1) through the approval of 

Utah’s September 20, 1999 SIP 

submittal. Utah’s January 27, 1995 SIP 

submittal that pertains to rule R307–1–

2.3.2 (renumbered under this action as 

R307–102–4(1)) added a reference to 

Utah’s code 19–2–113 clarifying where 

to find further information regarding 

applications for variances. EPA 

considers this change to be a nonsubstantive change that does not affect 

the meaning of the rule and is therefore 

being approved. EPA is also approving 

rule R307–102–6 which adds language 

to clarify that should there be more 

stringent controls listed within Utah’s 

R307 rules, those requirements must be 

met. EPA considers this change to be a 

non-substantive change that does not 

affect the meaning of the rule, but 

simply clarifies rules which should be 

met within the SIP. 

3. Rule R307–105—General 

Requirements: Emergency Controls 

(previously found under R307–1–5.1 

through R307–1–5.4). We are approving 

the renumbering of this rule section and 

all subsections of this rule. Rule R307–

105 and all subsections of the rule have 

only been renumbered and contain no 

changes to the language of the rule that 

would affect the meaning of the rule. 

4. Rule R307–107—General 

Requirements: Unavoidable Breakdown 

(previously found under R307–1–4.7 

through R307–1–4.7.4). We are 

approving the renumbering of this rule 

section and all subsections of this rule. 

Rule R307–107–1 through R307–4 and 

all subsections of the rule have only 

been renumbered and contain no 

changes to the language of the rule that 

would affect the meaning of the rule. 

We are also approving the addition of 

rule R307–107–6 which adds language 

to clarify that should there be more 

stringent controls listed within Utah’s 

R307 rules, those requirements must be 

met. EPA considers this change to be a 

non-substantive change that does not 

59684 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Proposed Rules 

affect the meaning of the rule but simply 

clarifies rules which should be met 

within the SIP. 

5. Rule R307–110—General 

Requirements: State Implementation 

Plan (previously found under R307–2). 

We are approving the renumbering and 

adoption of the following rules because 

the rules have only been renumbered 

and contain no changes to the language 

of the rule that would effect the 

meaning of the rule: R307–110–1 

through R307–110–9, R307–110–11, 

R307–110–13 through R307–110–15, 

R307–110–18, R307–110–20 through 

R307–110–28, R307–110–30, and R307–

110–32. EPA will not be addressing the 

remainder of rule section R307–110 for 

reasons discussed under III.C.4. below. 

6. Rule R307–115—General 

Conformity (previously found under 

R307–19). We are approving the 

renumbering of this rule section and all 

subsections of this rule. Rule R307–115 

and all subsections of the rule have only 

been renumbered and contain no 

changes to the language of the rule that 

would affect the meaning of the rule. 

7. Rule R307–130—General Penalty 

Policy (previously found under R307–4–

1 through R307–4–4). We are approving 

the renumbering of this rule section and 

all subsections of this rule. Rule R307–

130 and all subsections of the rule have 

only been renumbered and contain no 

changes to the language of the rule that 

would affect the meaning of the rule. 

8. Rule R307–165—Emission Testing 

(previously found under R307–1–3.4.1 

through R307–1–3.4.4). We are 

approving the renumbering of this rule 

section and all subsections of this rule. 

Rule R307–165 and all subsections of 

the rule have only been renumbered and 

contain no changes to the language of 

the rule that would affect the meaning 

of the rule. 

9. Rule R307–201—Emission 

Standards: General Emission Standards 

(previously found under R307–1–4.1, 

R307–1–4.9, R307–1–4.13.2, and R307–

4.1.2 through R307–4.1.9). We are 

approving the renumbering of this rule 

section and all subsections of this rule. 

Rule R307–201 and all subsections of 

the rule have only been renumbered and 

contain no changes to the language of 

the rule that would affect the meaning 

of the rule. 

10. Rule R307–202—Emission 

Standards: General Burning (previously 

found under R307–1–2.4 through R307–

1–2.4.5). We are approving the 

renumbering of this rule section and all 

subsections of this rule. Rule R307–202 

and all subsections of the rule have only 

been renumbered and contain no 

changes to the language of the rule that 

would affect the meaning of the rule. 

11. Rule R307–203—Emission 

Standards: Sulfur Content of Fuels 

(previously found under R307–1–4.2 

and R307–1–4.13.1). We are approving 

the renumbering of this rule section and 

all subsections of this rule. Rule R307–

203 and all subsections of the rule have 

only been renumbered and contain no 

changes to the language of the rule that 

would affect the meaning of the rule. 

EPA is also approving rule R307–203–

3 which adds language to clarify that 

should there be more stringent controls 

listed within Utah’s R307 rules, those 

requirements must be met. EPA 

considers this change to be a nonsubstantive change that does not affect 

the meaning of the rule, but simply 

clarifies rules which should be met 

within the SIP. 

12. Rule R307–206—Emission 

Standards: Abrasive Blasting 

(previously found under R307–1–4.10.1, 

2 and 3). We are approving the 

renumbering of this rule section and all 

subsections of this rule. Rule R307–206 

and all subsections of the rule have only 

been renumbered and contain no 

changes to the language of the rule that 

would affect the meaning of the rule. 

EPA is also approving the addition of 

rule R307–206–1 which includes 

definitions that are already approved in 

the existing SIP. EPA is also approving 

rule R307–206–5 which adds language 

to clarify that should there be more 

stringent controls listed within Utah’s 

R307 rules, those requirements must be 

met. EPA considers these changes to be 

a non-substantive change that does not 

affect the meaning of the rule but simply 

clarifies rules which should be met 

within the SIP. 

13. Rule R307–302—Davis, Salt Lake, 

Utah Counties: Residential Fireplaces 

and Stoves (previously found under 

R307–1–4.13.3). We are approving the 

renumbering of this rule section and all 

subsections of this rule with the 

exception of rule section R307–302–2(4) 

and R307–302–3 (see III.C.10. below). 

EPA is also approving the addition of 

rule R307–302–1 which includes 

definitions that are already approved in 

the existing SIP. The remainder of rule 

R307–302 and all subsections of the rule 

have only been renumbered and contain 

no changes to the language of the rule 

that would affect the meaning of the 

rule. 

14. Rule R307–305—Davis, Salt Lake 

and Utah Counties and Ogden City, and 

Nonattainment Areas for PM10: 

Particulates (previously found under 

R307–1–4.1.1, R307–1–3.2.1 through 

R307–1–3.2.6). We are approving the 

renumbering of this rule section and all 

subsections of this rule. Rule R307–305 

and all subsections of the rule have only 

been renumbered and contain no 

changes to the language of the rule that 

would affect the meaning of the rule. In 

addition to the approval of renumbering 

of rule R307–305, EPA is retaining 

Utah’s rule R307–1–3.2.3. Utah 

submitted a SIP revision, dated January 

27, 1995, requesting the deletion of rule 

R307–1–3.2.3(E) which EPA will be 

addressing at a later date; therefore, this 

rule will remain in the current SIP. 

15. Rule R307–307—Davis, Salt Lake, 

and Utah Counties: Road Salting and 

Sanding (previously found under R307–

1–3.2.7.A, B and C). We are approving 

the renumbering of this rule section and 

all subsections of this rule. Rule R307–

307 and all subsections of the rule have 

only been renumbered and contain no 

changes to the language of the rule that 

would affect the meaning of the rule. 

16. Rule R307–325—Davis and Salt 

Lake counties and Ozone 

Nonattainment Areas: Ozone Provisions 

(previously found under R307–1–4.9.8 

and R307–14–1.F). We are approving 

the renumbering of this rule section and 

all subsections of this rule. Rule R307–

325 and all subsections of the rule have 

only been renumbered and contain no 

changes to the language of the rule that 

would affect the meaning of the rule. 

17. Rule R307–326—Davis and Salt 

Lake Counties and Ozone 

Nonattainment Areas: Control of 

Hydrocarbon Emissions in Refineries 

(previously found under R307–1–4.9.3). 

We are approving the renumbering of 

this rule section and all subsections of 

this rule. EPA is also approving the 

addition of rule R307–326–1 which 

includes definitions that are already 

approved in the existing SIP. Rule 

R307–326 and all subsections of the rule 

have only been renumbered and contain 

no changes to the language of the rule 

that would affect the meaning of the 

rule. 

18. Rule R307–327—Davis and Salt 

Lake Counties and Ozone 

Nonattainment Areas: Petroleum Liquid 

Storage (previously found under R307–

1–4.9.1). We are approving the 

renumbering of this rule section and all 

subsections of this rule. EPA is also 

approving the addition of rule R307–

327–1(2) which includes definitions 

that are already approved in the existing 

SIP. Rule R307–327 and all subsections 

of the rule have only been renumbered 

and contain no changes to the language 

of the rule that would affect the 

meaning of the rule. 

19. Rule R307–328—Davis and Salt 

Lake Counties and Ozone 

Nonattainment Areas: Gasoline Transfer 

and Storage (previously found under 

R307–1–4.9.2). We are approving the 

renumbering of this rule section and all 

Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Proposed Rules 59685 

subsections of this rule. EPA is also 

approving the addition of rule R307–

328–1 which includes definitions that 

are already approved in the existing SIP. 

Rule R307–328 and all subsections of 

the rule have only been renumbered and 

contain no changes to the language of 

the rule that would affect the meaning 

of the rule. 

20. Rule R307–335—Davis and Salt 

Lake Counties and Ozone 

Nonattainment Areas: Degreasing and 

Solvent Cleaning Operations (previously 

found under R307–1–4.9.4). We are 

approving the renumbering of this rule 

section and all subsections of this rule. 

EPA is also approving the addition of 

rule R307–335–1 which includes 

definitions that are already approved in 

the existing SIP. Rule R307–335 and all 

subsections of the rule have only been 

renumbered and contain no changes to 

the language of the rule that would 

affect the meaning of the rule. 

21. Rule R307–340 Davis and Salt 

Lake Counties and Ozone 

Nonattainment Areas: Surface Coating 

Processes (previously found under 

R307–1–4.9.6). We are approving the 

renumbering of this rule section and all 

subsections of this rule. EPA is also 

approving the addition of rule R307–

340–1 which includes definitions that 

are already approved in the existing SIP. 

Rule R307–340 and all subsections of 

the rule have only been renumbered and 

contain no changes to the language of 

the rule that would affect the meaning 

of the rule. 

22. Rule R307–341—Davis and Salt 

Lake Counties and Ozone 

Nonattainment Areas: Cutback Asphalt 

(previously found under R307–1–4.9.5). 

EPA is also approving the addition of 

rule R307–341–1 which includes 

definitions that are already approved in 

the existing SIP. We are approving the 

renumbering of this rule section and all 

subsections of this rule. Rule R307–341 

and all subsections of the rule have only 

been renumbered and contain no 

changes to the language of the rule that 

would affect the meaning of the rule. 

23. Rule R307–342—Davis and Salt 

Lake Counties and Ozone 

Nonattainment Areas: Qualification of 

Contractors, Test Procedures for Testing 

of Vapor Recovery Systems for Gasoline 

Delivery Tanks (previously found under 

R307–3). We are approving the 

renumbering of this rule section and all 

subsections of this rule. Rule R307–342 

and all subsections of the rule have only 

been renumbered and contain no 

changes to the language of the rule that 

would affect the meaning of the rule. 

24. Rule R307–401—Permit: Notice of 

Intent and Approval Order. In this 

action we are acting only to approve the 

recodification of subsections R307–401–

9 and R307–401–10(1) (previously 

found under R307–1–3.1.11 and 12). All 

subsections of rule R307–401–9 and 

R307–401–10(1) have only been 

renumbered and contain no changes to 

the language of the rule that would 

affect the meaning of the rule. For EPA’s 

action on the remainder of the rules 

located under R307–401 (see III.C.11 

below). 

25. Rule R307–403 ‘‘ Permits: New 

and Modified Sources in Nonattainment 

Areas and Maintenance Areas 

(previously found under R307–1–3.3). 

We are approving the renumbering of 

this rule section and all subsections of 

this rule. EPA is also approving the 

addition of rule R307–403–1 which 

includes definitions that are already 

approved in the existing SIP. Rule 

R307–403 and all subsections of the rule 

have only been renumbered and contain 

no changes to the language of the rule 

that would affect the meaning of the 

rule. 

26. Rule R307–405—Permits: 

Prevention of Significant Deterioration 

of Air Quality (PSD) (previously found 

under R307–1–3.6). We are approving 

the renumbering of this rule section and 

all subsections of this rule. EPA is also 

approving the addition of rule R307–

405–1 which includes definitions that 

are already approved in the existing SIP. 

Rule R307–405 and all subsections of 

the rule have only been renumbered and 

contain no changes to the language of 

the rule that would affect the meaning 

of the rule. 

27. Rule R307–406—Visibility 

(previously found under R307–1–3.10). 

We are approving the renumbering of 

this rule section and all subsections of 

this rule. EPA is also approving the 

addition of rule R307–406–1 which 

includes definitions that are already 

approved in the existing SIP. Rule 

R307–406 and all subsections of the rule 

have only been renumbered and contain 

no changes to the language of the rule 

that would affect the meaning of the 

rule. 

28. Rule R307–413—Permits: 

Exemption and Special Provisions 

(previously found under R307–7–2 and 

3). In this action we are approving the 

recodification of rule R307–413–7 

(previously found under R307–7–2 and 

3). Rule R307–413–7 has only been 

renumbered and contains no changes to 

the language of the rule that would 

affect the meaning of the rule. We will 

not be acting on rule sections R307–

413–1 through R307–413–6, R307–413–

8 and R307–413–9 for the reasons 

explained in III.C.12. below. 

29. Rule R307–414—Permits: Fees for 

Approval Orders (previously found 

under R307–1–3.9). We are approving 

the renumbering of this rule section and 

all subsections of this rule. Rule R307–

414 and all subsections of the rule have 

only been renumbered and contain no 

changes to the language of the rule that 

would affect the meaning of the rule. 

B. Category 2 

Category two consists of some of 

Utah’s rules (and includes all 

subsections of the rule) that we are not 

acting on approving into the SIP or are 

acting to remove the rule language from 

the SIP and a discussion of why we 

believe we cannot act to approve the 

rules in the SIP. These rule changes 

were submitted by UDAQ on January 

27, 1995, September 20, 1999, and 

October 26, 2000. 

1. We will not be acting on the 

following rule definition(s) into Utah’s 

SIP either because the definition(s) is 

not required to be approved into Utah’s 

SIP or because the definition(s) has been 

superseded and replaced by more recent 

SIP submittal actions and will therefore 

be addressed in those actions: 

a. Utah’s September 20, 1999 SIP 

submittal wherein Utah recodified 

Utah’s rules included the definition 

‘‘Part 70 Source.’’ We will not be 

approving this definition in this action. 

This definition has never been approved 

into Utah’s SIP and is not required to be 

in Utah’s SIP. 

b. Utah’s September 20, 1999 SIP 

submittal wherein Utah recodified 

Utah’s rules included the definition 

‘‘actual emissions,’’ ‘‘major 

modification,’’ ‘‘significant’’ and 

‘‘volatile organic compound.’’ The 

‘‘actual emissions’’ and ‘‘major 

modification’’ definitions have been 

revised by the State and were approved 

by EPA August 19, 2004 (69 FR 51368). 

The ‘‘significant’’ and ‘‘volatile organic 

compound’’ definitions have been 

revised by the State and were approved 

by EPA on February 21, 2002 (67 FR 

7961). 

2. R307–121—General Requirements: 

Eligibility of Expenditures for Purchase 

of Vehicles that Use Cleaner Burning 

Fuels or Conversion of Vehicles and 

Special Fuel Mobile Equipment to Use 

Cleaner Burning Fuels for Corporate and 

Individual Income Tax Credits. This 

rule section has never been approved 

into Utah’s SIP. We are not taking action 

to incorporate rule R307–121 that 

pertains to corporate and individual 

income tax credit into the SIP because 

the provisions of R307–122 are not 

generally related to attainment or 

maintenance of the NAAQS. In a letter 

to EPA from UDAQ, dated April 7, 2005, 

UDAQ agreed with EPA’s action to not 

59686 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Proposed Rules 

approve this rule section into Utah’s 

SIP. 

3. R307–122—General Requirements: 

Eligibility of Expenditures for Purchase 

and Installation Costs of Fireplaces and 

Wood Stoves that Use Cleaner Burning 

Fuels. This rule section has never been 

approved into Utah’s SIP. We are not 

taking action to incorporate rule R307–

122 into the SIP that pertains to tax 

credit because the provisions of R307–

122 are not generally related to 

attainment or maintenance of the 

NAAQS. In a letter to EPA from UDAQ, 

dated April 7, 2005, UDAQ agreed with 

EPA’s action to not approve this rule 

section into Utah’s SIP. 

4. R307–135—Enforcement Response 

Policy for Asbestos Hazard Emergency 

Response Act. We are not taking action 

to incorporate rule R307–135 (formerly 

R307–4–5 through R307–4–11 in Utah’s 

State rules) into the SIP because 

provisions of R307–135 are not 

generally related to attainment or 

maintenance of the NAAQS and have 

never been approved into Utah’s SIP. 

Rule R307–135 provisions implement 

requirements from the Asbestos Hazard 

Emergency Response Act (AHERA) of 

1986, while SIP rules implement Clean 

Air Act (CAA) Title I provisions. In a 

letter to EPA from UDAQ, dated April 

7, 2005, UDAQ agreed with EPA’s 

action to not approve this rule section 

into Utah’s SIP. 

5. R307–214—National Emission 

Standards for Hazardous Air Pollutants. 

Rule R307–214 (formerly rule R307–10 

in Utah’s State rules) is the rule the 

State uses to implement our national 

emission standards for hazardous air 

pollutants (NESHAPs) regulations in 40 

CFR part 61. Given that the State has 

delegation of authority for NESHAPs in 

40 CFR part 61 (49 FR 36368), pursuant 

to 110(k)(6) of the Act, we are not 

approving the new codification of 

R307–214 into the SIP and are removing 

existing language that was approved 

into Utah’s current SIP, rule R307–1–

4.12, for the same reason stated above. 

In a letter to EPA from the UDAQ, dated 

April 7, 2005, UDAQ agreed with EPA’s 

action to not approve this rule section 

into Utah’s SIP. 

6. R307–215—Emission Standards: 

Acid Rain Requirements. We are not 

taking action to incorporate rule R307–

215 (formerly R307–16–02 in Utah’s 

State rules) into the SIP. The provisions 

of R307–215 have never been approved 

into Utah’s SIP and are not required to 

be incorporated into the SIP. Rule 

R307–215 incorporates by reference 

Acid Rain NOX emission limitation 

requirements (40 CFR Part 76) from 

Title IV of the CAA, while SIP rules 

implement CAA Title I provisions. In a 

letter to EPA from UDAQ, dated April 

7, 2005, UDAQ agreed with EPA’s 

action to not approve this rule section 

into Utah’s SIP. 

7. R307–220—Emission Standards: 

Plan for Designated Facilities. On 

October 3, 2002, the State adopted rules 

for Plans for Designated Facilities. We 

believe we have no legal basis in the Act 

for approving Utah’s rule for Plans for 

Designated Facilities, rule R307–220, 

into the SIP because these rules are not 

generally related to attainment or 

maintenance of the NAAQS and have 

never been approved into Utah’s SIP. 

Therefore, we are not taking action to 

incorporate R307–220 into Utah’s SIP. 

However, on January 14, 1998 (63 FR 

2156), we did approve these rules as 

meeting section 111(d) of the Act. See 

40 CFR 62.11110–11112. In a letter to 

EPA from UDAQ, dated April 7, 2005, 

UDAQ agreed with EPA’s action to not 

approve this rule section into Utah’s 

SIP. 

8. R307–221—Emission Standards: 

Emission Controls for Existing 

Municipal Solid Waste Landfills. On 

September 3, 1999, the State adopted 

rules for Municipal Solid Waste 

Landfills. We believe we have no legal 

basis in the Act for approving Utah’s 

rule for Municipal Solid Waste 

Landfills, rule R307–221, into the SIP 

because these rules are not generally 

related to attainment or maintenance of 

the NAAQS and have never been 

approved into Utah’s SIP. Therefore, we 

are not taking action to incorporate 

R307–221 into the SIP. However, on 

January 14, 1998 (63 FR 2156), we did 

approve these rules as meeting section 

111(d) of the Act. See 40 CFR 62.11110–

11112. In a letter to EPA from UDAQ, 

dated April 7, 2005, UDAQ agreed with 

EPA’s action to not approve this rule 

section into Utah’s SIP. 

9. R307–320—Davis, Salt Lake and 

Utah Counties, and Ogden City: 

Employer Based Trip Reduction 

Program. We are not acting to approve 

rule section R307–320 into the SIP. Rule 

R307–320 has never been approved into 

Utah’s SIP and is not required to be 

incorporated into the SIP. In a letter to 

EPA from UDAQ, dated April 7, 2005, 

UDAQ agreed with EPA’s action to not 

approve this rule section into Utah’s 

SIP. 

10. R307–332—Davis and Salt Lake 

Counties and Ozone Nonattainment 

Areas: Stage II Vapor Recovery Systems. 

Rule R307–332 (formerly R307–14–10 in 

Utah’s State rules) had never been 

approved into the Utah SIP. On April 6, 

1994 (59 FR 16262) EPA removed the 

requirements of this rule for ‘‘moderate’’

and ‘‘attainment’’ areas, and the rule 

was preserved among the State air 

quality rules for the eventuality that 

Davis and Salt Lake Counties would 

become a non-attainment area. 

However, since 1994 more effective 

methods have emerged to achieve 

meeting the NAAQS if Davis and Salt 

Lake County should become a 

nonattainment area, therefore, we are 

not taking action to incorporate this rule 

section into the SIP. In a letter to EPA 

from UDAQ, dated April 7, 2005, UDAQ 

agreed with EPA’s action to not approve 

this rule section into Utah’s SIP. 

11. R307–410—Permits: Emissions 

Impact Analysis. We will not be acting 

to approve the renumbering of rule 

section R307–410. Revisions were made 

to this rule section by Utah and 

submitted to EPA in a SIP submittal, 

dated November 20, 1996 and May 12, 

1998, and were subsequently withdrawn 

by Utah in a letter addressed to EPA, 

Regional Administrator, William 

Yellowtail, dated October 16, 2000. 

Because Utah’s September 20, 1999 SIP, 

which reorganizes the States rules, still 

includes the revisions that were made to 

R307–410 that were ultimately 

withdrawn by the State, EPA cannot act 

to approve this rule section. Therefore, 

the existing rules R307–1–3.7 will 

remain current in the SIP. 

12. R307–415—Permits: Operating 

Permit Requirements. We are not taking 

action to incorporate rule R307–415 

(formerly R307–15 in Utah’s State rules) 

into the SIP. Provisions of R307–415 

have never been approved into Utah’s 

SIP and are not required to be approved 

into the SIP. Rule R307–415 provisions 

implement operating permit program 

requirements from Title V of the CAA, 

while SIP rules implement CAA Title I 

provisions. In a letter to EPA from the 

UDAQ dated April 7, 2005, UDAQ 

agreed with EPA’s action to not approve 

this rule section into Utah’s SIP. 

13. R307–417—Permits: Acid Rain 

Sources. We are not taking action to 

incorporate R307–417 (formerly R307–

17–1 in Utah’s State rules) into the SIP. 

Provisions of R307–417 have never been 

approved into Utah’s SIP and are not 

required to be approved into the SIP. 

Rule R307–417 incorporates by 

reference Acid Rain permitting (40 CFR 

part 72) requirements from Title IV of 

the CAA, while SIP rules implement the 

CAA Title I provisions. In a letter to 

EPA from UDAQ, dated April 7, 2005, 

UDAQ agreed with EPA’s action to not 

approve this rule section into Utah’s 

SIP. 

14. R307–1–6 (revised number R307–

120)—General Requirements: Tax 

Exemption for Air and Water Pollution 

Control Equipment. We are removing 

from Utah’s SIP rule R307–1–6 and all 

subsections of this rule. EPA is also not 

Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Proposed Rules 59687 

acting on approving the new recodified 

number for R307–1–6 which is R307–

120. This rule language pertains to State 

Sales Tax Exemptions for Pollution 

Control Expenditures and is not 

generally related to attainment of the 

NAAQS and is, therefore, not 

appropriate to be in Utah’s SIP. In a 

letter to EPA from UDAQ, dated April 

7, 2005, UDAQ agreed with EPA’s 

action to remove rule R307–1–6 from 

Utah’s SIP and to not approve rule 

R307–120. 

15. R307–1–8 (revised number R307–

801)—Asbestos. We are removing from 

Utah’s SIP rule R307–1–8 and all 

subsections of this rule. EPA is also not 

acting on approving the new recodified 

number for R307–1–8 which is R307–

801. Finally, we are not acting on Utah’s 

October 26, 2000 SIP submittal because 

the SIP pertains to changes being made 

to Utah’s asbestos rule R307–1–8 that 

we are removing from Utah’s SIP in this 

action. This rule language pertains to 

the regulation of asbestos and is 

generally not related to attainment of 

the NAAQS; therefore, it is not 

appropriate to be in Utah’s SIP. EPA 

informed UDAQ of our intent to not act 

on Utah’s October 26, 2000 SIP 

submittal and our intent to remove 

existing asbestos rule language (R307–

1–8) from Utah’s federally approved SIP 

in a letter to UDAQ, dated April 2, 2002. 

In a letter to EPA from UDAQ, dated 

April 7, 2005, UDAQ agreed with EPA’s 

action to remove rule R307–1–8 from 

Utah’s SIP and to not approve rule 

R307–801. 

C. Category 3 

Category three consists of rule(s) (and 

all subsections of the rule) that we will 

be addressing at a later date through 

other SIP submittal revisions that Utah 

has or intends to submit that supersede 

and replace the existing rules. These 

rule changes were submitted by UDAQ 

on January 27, 1995, February 6, 1996, 

and September 20, 1999. 

1. Utah’s February 6, 1996 SIP 

submittal titled ‘‘Expansion of R307–2’’

that recodified and expanded Utah’s 

R307–2. We will not be acting on this 

SIP submittal because the September 20, 

1999 SIP submittal that we are acting on 

in this notice supersedes and replaces 

the February 6, 1996 SIP submittal and 

relocates rules that would have been 

found under R307–2 to new rule section 

R307–110. 

2. Portions of Utah’s February 6, 1996 

SIP submittal that recodifies Utah’s 

Emission Standards rule(s) that pertain 

to subsections: R307–1–4.9 and R307–

1–4.12. We will not be acting on these 

specific rules within this SIP submittal 

because the September 20, 1999 SIP 

submittal that we are acting on in this 

notice supersedes and replaces this 

revision and relocates rule R307–1–4.9 

to rule section R307–325 and rule R307–

1–4.12 to rule section R307–203. 

3. Utah’s February 6, 1996 SIP 

submittal that recodifies Utah’s 

Emission Standards rule R307–1–4 that 

pertains to changes made in subsection 

R307–1–4.6. We will not be acting on 

subsection R307–1–4.6 of this SIP 

submittal because this subsection has 

been superseded and replaced in Utah’s 

SIP submittal dated September 7, 1999 

and February 11, 2003 and was 

approved by EPA on May 15, 2003 (68 

FR 26210). Rule R307–1–4.6 is now 

located under rule section R307–170. 

4. Rule R307–110—General 

Requirements: State Implementation 

Plan. We are not proposing to act on 

R307–110–10, R307–110–17, R307–110–

19, R307–110–33, and R307–110–35 

because these rules were superseded by 

more recent SIP submittal that have 

already been approved into Utah’s 

federally approved SIP (see 65 FR 

37286, 67 FR 57744, and 67 FR 62891). 

We are also not addressing rule R307–

110–12, R307–110–31, R307–110–34, 

and R307–110–35 because this rule 

section will be addressed when EPA 

addresses Utah’s April 1, 2004 and 

November 29, 2004 SIP submittals. 

Therefore, the existing rule R307–2–12 

that would have been renumbered to 

R307–110–12 will remain in the SIP. We 

are also not acting to approve R307–

110–16 because Utah repealed this rule 

from the federally approved SIP in their 

June 17, 1998 SIP submittal that EPA 

approved on May 20, 2002 (67 FR 

35442). We are not addressing rule 

R307–110–29 because this rule was 

revised in Utah’s February 6, 1996 SIP 

submittal which EPA will be addressing 

at a later date. Therefore, the existing 

rule R307–2–18 that would have been 

renumbered to R307–110–29 will 

remain in the SIP. 

5. Utah’s September 20, 1999 SIP 

submittal that recodifies Utah’s 

Continuous Emission Monitoring 

Systems rule R307–170. We will not be 

acting on this rule section of the 

September 20, 1999 SIP submittal 

because this rule section was already 

approved by EPA on May 15, 2003 (68 

FR 26210). 

6. Utah’s January 27, 1995 SIP 

submittal pertaining to rule R307–1–

3.1.4 which deletes a reference to 

unspecify other state, local and federal 

requirements. We will not be addressing 

this specific rule revision because the 

revision has been superseded and 

replaced by Utah’s October 9, 1998 SIP 

submittal which will be addressed at a 

later date. Therefore, current rule 

section R307–1–3.1.4 will remain in the 

existing SIP. 

7. Utah’s February 6, 1996 SIP 

submittal that recodifies Utah’s 

Emission Standards rule R307–1–4 that 

pertains to changes made in subsection 

R307–1–4.5. We will not be addressing 

this rule section of this SIP submittal. 

This rule section will be addressed at a 

later date when the UDAQ submits 

revisions to UDAQ’s September 20, 

1999 SIP submittal that pertains to 

Utah’s fugitive emissions and fugitive 

dust rules. Therefore, current rule 

section R307–1–4.5 will remain in the 

existing SIP. 

8. Utah’s September 20, 1999 SIP 

submittal that recodifies Utah’s rules 

includes rules R307–150 titled 

‘‘Periodic Inventories’’ and rule R307–

155 titled ‘‘Emission Inventories’’. 

Utah’s rule section R307–150 has been 

superseded and replaced by Utah’s 

February 5, 2001 SIP which we are 

specifically acting on approving in this 

action for rule section R307–150–1 (see 

III.A.2. above) and Utah’s rule section 

R307–150–2 and R307–155 will be 

addressed at a later date when EPA 

takes action on Utah’s October 9, 1998 

SIP submittal. Therefore, current rule 

R307–1–3.1.7 which would have been 

renumbered to R307–150–2 and current 

rule R307–1–3.5 which would have 

been renumbered to R307–155 will 

remain in the existing SIP. 

9. Rule R307–301—Utah and Weber 

Counties: Oxygenated Gasoline Program 

(previously found under R307–8). We 

will not be acting on this rule section in 

this action. This rule section will be 

addressed when EPA addresses Utah’s 

April 1, 2004 SIP submittal in which 

UDAQ requested that EPA remove this 

rule language from Utah’s current SIP. 

10. Utah’s September 20, 1999 SIP 

submittal that recodifies Utah’s rules 

includes rules R307–302–2(4) and 

R307–302–3 which we will not be 

acting on in this action. Rule section 

R307–302–2(4) has never been approved 

into the SIP and is not required to be in 

the federally enforceable SIP. In a letter 

to UDAQ from EPA, dated October 6, 

2000, EPA informed UDAQ that if a 

PM10 nonattainment area attained the 

standard with at least 3 years of clean 

air quality data, and as long as that area 

continues to attain the standard, the 

section 172(c)(9) contingency measure 

requirement will not apply. Rule section 

R307–302–3 will be addressed when 

EPA addresses Utah’s April 1, 2004 SIP 

submittal. 

11. R307–401—Permit: Notice of 

Intent and Approval Order. We will not 

be addressing the renumbering of rules 

R307–401–1 through R307–401–8 and 

R307–401–11 in this action. These rule 

59688 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Proposed Rules 

sections have been superseded and 

replaced by Utah’s October 9, 1998 SIP 

submittal which EPA will be addressing 

at a later date. Therefore, current rule 

sections R307–1–3.1.1, R307–1–3.1.2, 

R307–1–3.1.3, R307–1–3.1.4, R307–1–

3.1.5, R307–1–3.1.6, R307–1–3.1.8, 

R307–1–3.1.9, and R307–1–3.1.10 

which would have been renumbered to 

rule section R307–401 will remain in 

the existing SIP. We will also not be 

acting to approve R307–401–10(2). Rule 

section R307–401–10(2) has never been 

approved into the SIP and is not 

required to be in the federally 

enforceable SIP. 

12. R307–413—Permits: Exemption 

and Special Provisions. We will not be 

addressing the renumbering of rules 

R307–413–1 through R307–413–6. 

These rule sections will be addressed 

when EPA addresses Utah’s October 9, 

1998 SIP submittal. We will also not be 

addressing rules R307–413–8 and R308–

413–9 because these rule sections will 

be addressed when EPA addresses 

Utah’s January 8, 1999 SIP submittal. 

Therefore, the definitions that would 

have been relocated to rule section 

R307–413 will remain in the current 

rule section R307–1–1 and current rule 

section R307–1–3.1.7 and rule section 

R307–6–1 that would have been 

renumbered to rule section R307–413 

will remain in the existing SIP. 

IV. Statutory and Executive Order 

Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

action is not a ‘‘significant regulatory 

action’’ and therefore is not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This proposed action merely 

proposes to approve state law as 

meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this proposed rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this rule 

proposes to approve pre-existing 

requirements under state law and does 

not impose any additional enforceable 

duty beyond that required by state law, 

it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Public Law 104–4). 

This proposed rule also does not have 

tribal implications because it will not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

proposes to approve a state rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. This proposed rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission; 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This proposed 

rule does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Carbon Monoxide, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Sulfur oxides, Volatile organic 

compounds, Reporting and 

recordkeeping requirements. 

Dated: September 30, 2005. 

Robert E. Roberts, 

Regional Administrator, Region 8. 

[FR Doc. 05–20518 Filed 10–12–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R03–OAR–2005–MD–0012; FRL–7982–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Ambient Air Quality 

Standard for Ozone and Fine 

Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the Maryland 

Department of the Environment. The 

revision consists of modifications to the 

ambient air quality standards for ozone 

and fine particulate matter and the 

replacement of the abbreviation ‘‘ppm’’

with parts per million in existing 

standards. This action is being taken 

under the Clean Air Act (CAA or the 

Act). 

DATES: Written comments must be 

received on or before November 14, 

2005. 

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R03–OAR–

2005–MD–0012 by one of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

Agency Web site: http:// 

docket.epa.gov/rmepub/ RME, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Follow the on-line 

instructions for submitting comments. 

E-mail: Campbell.dave@epa.gov. 

Mail: R03–OAR–2005–MD–0012, 

David Campbell, Chief, Air Quality 

Planning and Analysis Branch, 

Mailcode 3AP21, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

RME ID No. R03–OAR–2005–MD–0012.