Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 46915 

EPA-APPROVED SOURCE SPECIFIC REQUIREMENTS—Continued 

Name of source Order/permit No. Effective date EPA approval date Explanation 

*******

* * * * * 

(e) * * * 

* * * * * 

TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES

[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1

Name of SIP provision 

Applicable 

geographic or 

nonattainment 

area or title/subject 

State submittal date EPA approval date Explanation 

The State of Arizona Air Pollution Control Implementation Plan 

Clean Air Act Section 110(a)(2) State Implementation Plan Elements (Excluding Part D Elements and Plans) 

*******

Arizona State Implementation Plan Revision to the Arizona Regional Haze Plan 

for the Salt River Project Coronado Generating Station, excluding Appendix B.

Source-Specific ........... December 15, 2016 .... October 10, 2017, [INSERT Federal Register CITATION].BART Alternative for 

Coronado Generating Station 

adopted December 

14, 2016. 

* * * * * * * 

1Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and 

Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas. 

* * * * * 

■ 3. Section 52.145 is amended by: 

■ a. Removing and reserving paragraph 

(e)(1). 

■ b. Removing paragraphs (e)(2)(iii)– 

(vi). 

■ c. Removing and reserving paragraph 

(f). 

[FR Doc. 2017–21604 Filed 10–6–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2015–0617; FRL–9969–04– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Utah; General Burning Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Utah on 

January 28, 2013, and July 8, 2015. The 

submittals request SIP revisions to the 

State’s General Burning rule; a repeal 

and reenactment of the General Burning 

rule with changes to applicability, 

timing and duration of burning 

windows, and an amendment to exempt 

Native American ceremonial burning 

during restricted burning days. 

DATES: This rule is effective on 

November 9, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2015–0617. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Chris Dresser, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6385, 

dresser.chris@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In our notice of proposed rulemaking 

published on July 13, 2017 (82 FR 

32282), the EPA proposed to approve 

Utah’s January 28, 2013 SIP submission, 

which repeals and reenacts the General 

Burning provisions in R307–202 with 

several amendments (discussed in the 

proposed rulemaking). Additionally, the 

EPA proposed approval of Utah’s July 8, 

2015 revisions, which exempts 

ceremonial burning conducted by a 

‘‘Native American spiritual advisor’’ 

during restricted burn days. In this 

rulemaking, we are taking final action 

on both SIP submittals. The reasons for 

our approval are provided in detail in 

the proposed rule. 

II. Response to Comments 

We received no comments on the 

proposed rule. 

III. Final Action 

For the reasons expressed in the 

proposed rule, the EPA is approving 

revisions to Sections in R307–202 of the 

State’s General Burning provisions from 

the January 28, 2013 and July 8, 2015 

submittals. 


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46916 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of Utah 

General Burning provisions described in 

the amendments set forth to 40 CFR part 

52 below. 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). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the SIP, 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

V. Statutory and Executive Orders 

Review 

Under the CAA, 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 choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this final action 

merely approves some state law as 

meeting federal requirements; this final 

action does not impose additional 

requirements beyond those imposed by 

state law. For that reason, this final 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

Oct. 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 on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

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, Aug. 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 CAA; 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, Feb. 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 

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 action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 11, 

2017. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See CAA 

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. 

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

Dated: September 25, 2017. 

Suzanne J. Bohan, 

Acting 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. In § 52.2320, the table in paragraph 

(c) is amended by revising the entry 

‘‘R307–202’’ to read as follows: 

§ 52.2320 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 46917 

1California submitted the 2017 RACT 

Supplement to address deficiencies identified in 

both the EPA’s April 14, 2016 partial disapproval 

of the 2012 PM2.5 Plan and the EPA’s separate 

proposal to partially disapprove the District’s ‘‘2016 

AQMP Reasonably Available Control Technology 

(RACT) Demonstration,’’ which California had 

submitted to address RACT requirements under 

CAA section 182(b) and (f) and 40 CFR 51.1112 for 

the 2008 ozone NAAQS in the South Coast and 

Coachella Valley nonattainment areas (see 82 FR 

27451, June 15, 2017). 

2California adopted the 2017 RACT Supplement 

on July 7, 2017, and submitted it to the EPA on July 

27, 2017. 

Rule No. Rule title State effective 

date Final rule citation, date Comments 

* * * * * * * 

R307–202. Emission Standards: General Burning 

R307–202 .................. Emission Standards: General Burning ......... 10/6/2014 Insert Federal Register 

citation], 10/10, 2017.

* * * * * * * 

* * * * * 

[FR Doc. 2017–21612 Filed 10–6–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0204; FRL–9969–03– 

Region 9] 

Interim Final Determination To Defer 

Sanctions; California; Los AngelesSouth Coast Air Basin 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making an interim final 

determination to defer the imposition of 

offset and highway sanctions in the Los 

Angeles-South Coast air basin (‘‘South 

Coast’’) based on a proposed approval of 

revisions to the South Coast portion of 

the California State Implementation 

Plan (SIP) published elsewhere in this 

Federal Register. The revisions concern 

Clean Air Act (CAA) reasonably 

available control measures/reasonably 

available control technology (RACM/ 

RACT) and reasonable further progress 

(RFP) requirements for the 2006 24-hour 

fine particulate matter (PM2.5) national 

ambient air quality standards (NAAQS) 

in the South Coast. 

DATES: This interim final determination 

is effective on October 10, 2017. 

However, comments will be accepted 

until November 9, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2015–0204 at http://

www.regulations.gov, or via email to 

Wienke Tax, Air Planning Office, at 

tax.wienke@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be removed or edited from 

Regulations.gov. For either manner of 

submission, 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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For 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: 

Wienke Tax, Air Planning Office (AIR– 

2), U.S. Environmental Protection 

Agency, Region IX, (415) 947–4192, 

tax.wienke@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

I. Background 

On April 14, 2016 (80 FR 22025), we 

published a final action to partially 

approve and partially disapprove SIP 

revisions submitted by California to 

address CAA Moderate area attainment 

plan requirements for the 2006 24-hour 

PM2.5 NAAQS in the South Coast 

nonattainment area (‘‘2012 PM2.5 Plan’’). 

As part of that action, we disapproved 

two elements of the 2012 PM2.5 Plan 

because they did not fully meet the 

requirements for RACM/RACT-level 

controls under sections 189(a)(1)(C) and 

172(c)(1) of the CAA and thus also did 

not meet the requirement for RFP under 

section 172(c)(2) of the CAA. This 

disapproval action became effective on 

May 16, 2016, and started a sanctions 

clock for imposition of offset sanctions 

18 months after May 16, 2016, and 

highway sanctions 6 months later, 

pursuant to CAA section 179 and our 

regulations at 40 CFR 52.31. Therefore, 

offset sanctions will apply on November 

16, 2017, and highway sanctions will 

apply on May 16, 2018, unless the EPA 

determines that the deficiencies forming 

the bases for the disapprovals have been 

corrected. 

On March 17, 2017, the State of 

California submitted, as a revision to the 

California SIP, amendments to the 

South Coast Air Quality Management 

District’s (SCAQMD or ‘‘District’’) 

Regional Clean Air Incentives Market 

(RECLAIM) program, which consists of 

SCAQMD rules 2000 to 2020 and 

applies to stationary sources that emit at 

least four tons per year of nitrogen 

oxides or sulfur oxides in the South 

Coast. Additionally, on May 22, 2017, 

CARB submitted the SCAQMD’s public 

draft version of the ‘‘Supplemental 

RACM/RACT Analysis for the 2006 24- 

Hour PM2.5 and 2008 8-Hour Ozone 

Standards’’ (‘‘2017 RACT 

Supplement’’).1 We proposed to 

approve the revised RECLAIM rules on 

June 6, 2017 (82 FR 25996), and fully 

approved these rules on September 14, 

2017 (82 FR 43176). We proposed to 

approve the 2017 RACT Supplement on 

June 15, 2017 (82 FR 27451), and fully 

approved it on September 20, 2017 (82 

FR 43850).2

In the Proposed Rules section of 

today’s Federal Register, we are 

proposing to approve the RACM/RACT 

and RFP demonstrations in the 2012 

PM2.5 Plan based on our final approvals 

of the revised RECLAIM rules and the 


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