[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Rules and Regulations]
[Pages 54898-54901]
[FR Doc No: 2022-19299]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2022-0186; FRL-9930-02-R8]

Approval and Promulgation of Implementation Plans; State of Utah;
Revisions to Utah Administrative Code: Environmental Quality; Title
R307; Air Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Utah Division of Administrative Rules (DAR) submitted
by the State of Utah on May 21, 2020, May 28, 2020, November 3, 2020,
and November 12, 2020. The EPA is taking this action pursuant to the
Clean Air Act (CAA).

DATES: This rule is effective on October 11, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2022-0186. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (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 https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Amanda Brimmer, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The factual and legal background for this action is discussed in
detail in our June 30, 2022, proposed approval (see 87 FR 39036). In
that document we proposed to approve various revisions to the Utah SIP
that were submitted to the EPA on May 21, 2020, May 28, 2020, November
3, 2020, and November 12, 2020. The proposal provides a detailed
description of the revisions and the rationale for the EPA's proposed
actions.
    The revisions to the Utah Administrative Code address various State
Implementation Plan (SIP) changes and updates. Specifically, we are
approving clerical updates to the General Requirements, Permits, and
Emissions Inventory rules, including updating the effective date of
various code of federal regulations (CFR) referenced. Additionally, we
are approving changes to several Permits rules including adding new
definitions, clarifying testing methods, and specifying an emissions
limit for particulate matter with an aerodynamic diameter less than or
equal to a nominal 2.5 microns (PM2.5) for emissions impact
analysis. We are also approving the repeal and replacement of the
Emissions Testing rule as well as approve a new rule related to
abrasive blasting in particular matter with an aerodynamic diameter
less than or equal to a nominal 10 microns (PM10)
nonattainment areas.
    We received one anonymous comment on this proposal which expressed
general opposition to activities in the state that emit pollution, such
as land ports, railroads, fracking, abandoned wells, and development of
the Salt Lake City Valley. The commentor expressed support for ``higher
standards,'' but did not provide any specific comments related to the
proposed approval. After reviewing the comment, EPA has determined that
it is outside the scope of this action and therefore, the EPA is not
altering its proposed rulemaking.

II. Final Action

    We are approving submitted revisions to R307-101. General
Requirements., R307-150. Emission Inventories., R307-165. Stack
Testing., R307-306. PM10 Nonattainment and Maintenance
Areas: Abrasive Blasting., R307-401. Permit: New and Modified Sources.,
R307-405. Permits: Major Sources in Attainment or Unclassified Areas
(PSD)., and R307-410. Permits: Emissions Impact Analysis. from the
State's May 21, 2020, May 28, 2020, November 3, 2020, and November 12,
2020, submittals as shown in Table 1. We are not acting on several
submittals that were withdrawn by the State on June 13, 2022.\1\
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    \1\ On June 13, 2022, the state of Utah withdrew submittals for
R307-150-3, R307-150-9, R307-210-1, R307-214-1, R307-214-2, R307-
401-16, R307-410-5, R307-501, R307-502, R307-503, R307-504, R307-
505, R307-506, R307-507, R307-508, R307-509, R307-510, and R307-511.
See letter from Governor Spencer Cox to KC Becker, Region 8
Administrator.

  Table 1--List of Utah Revisions to R307 That the EPA Is Approving in
                               This Action
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  Revised sections in May 21, 2020, May 28, 2020, November 3, 2020, and
               November 12, 2020, submittals for approval
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May 21, 2020 Submittal:
    R307-401-2, R307-401-10, R307-401-15.
May 28, 2020 Submittal:

    R307-150-1, R307-401-2, R307-401-4, R307-401-5, R307-401-6, R307-401-
     9, R307-401-10, R307-401-11, R307-401-14, R307-401-15, R307-401-16.
November 3, 2020 Submittal:
    R307-101-3, R307-165-1, R307-165-2, R307-165-3, R307-165-4, R307-165-
     5, R307-165-6, R307-405-2, R307-410-3, R307-410-4.
November 12, 2020 Submittal:
    R307-306-1, R307-306-2, R307-306-3, R307-306-4, R307-306-5, R307-306-
     6, R307-306-7.
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III. Incorporation by Reference

    In this document, 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
Rule R307-101, R307-150, R307-165, R307-306, R307-401, R307-405, and
R307-410 discussed in section I of this preamble and listed in the
amendments to 40 CFR part 52 set forth below. The EPA has made, and
will continue to make, these materials generally available through
www.regulations.gov and 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 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 in the next update to the SIP
compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews

    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
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     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, 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 CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 7, 2022. 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 section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.

    Dated: August 30, 2022.
KC Becker,
Regional Administrator, Region 8.

    For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart TT--Utah

0
2. In Sec.  52.2320, in the table in paragraph (c):
0
a. Revise entries ``R307-101-3'' and ``R307-150-01''.
0
b. Remove the center heading ``R307-165. Emission Testing'' and entry
``R307-165''.
0
c. Add the center heading ``R307-165. Stack Testing'' and the entries
``R307-165-01'', ``R307-165-02'', ``R307-165-03'', ``R307-165-04'',
``R307-165-05'', and ``R307-165-06'' in numerical order.
0
d. Add the center heading ``R307-306. PM10 Nonattainment and
Maintenance Areas: Abrasive Blasting'' and the entries ``R307-306-01'',
``R307-306-02'', ``R307-306-03'', ``R307-306-04'', ``R307-306-05'',
``R307-306-06'', and ``R307-306-07'' in numerical order.
0
e. Revise entries ``R307-401-02'', ``R307-401-04'', ``R307-401-05'',
``R307-401-06'', ``R307-401-09'', ``R307-401-10'', ``R307-401-11'',
``R307-401-14'', ``R307-401-15'', ``R307-401-16'', ``R307-405-02'',
``R307-410-03'', and ``R307-410-04''.
    The revisions and additions read as follows:

Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *

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                                                         State       Final rule citation,
          Rule No.                 Rule title       effective date           date                 Comments
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                                         R307-101. General Requirements
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                                                  * * * * * * *
R307-101-3.................  Version of Code of           6/4/2020  [insert Federal        Previous SIP
                              Federal Regulations                    Register citation],    approval: 7/10/20.
                              Incorporated by                        9/8/2022.
                              Reference.

                                                  * * * * * * *
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                                         R307-150. Emission Inventories
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R307-150-01................  Purpose and General          3/5/2018  [insert Federal        Previous SIP
                              Requirements.                          Register citation],    approvals: 12/14/12;
                                                                     9/8/2022.              4/25/22.

                                                  * * * * * * *
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                                             R307-165. Stack Testing
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R307-165-01................  Purpose and                  6/3/2020  [insert Federal        Previous SIP
                              Applicability.             8/10/2020   Register citation],    approval: 2/14/06.
                                                                     9/8/2022.
R307-165-02................  Testing Frequency....        6/3/2020  [insert Federal        Previous SIP
                                                                     Register citation],    approval: 2/14/06.
                                                                     9/8/2022.
R307-165-03................  Notification of DAQ..        6/3/2020  [insert Federal        Previous SIP
                                                                     Register citation],    approval: 2/14/06.
                                                                     9/8/2022.
R307-165-04................  Test Conditions......        6/3/2020  [insert Federal        Previous SIP
                                                                     Register citation],    approval: 2/14/06.
                                                                     9/8/2022.
R307-165-05................  Reporting............        6/3/2020  [insert Federal
                                                                     Register citation],
                                                                     9/8/2022.
R307-165-06................  Rejection of Test            6/3/2020  [insert Federal
                              Results.                               Register citation],
                                                                     9/8/2022.

                                                  * * * * * * *
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                       R307-306. PM Nonattainment and Maintenance Areas: Abrasive Blasting
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R307-306-01................  Purpose..............        9/2/2005  [insert Federal
                                                                     Register citation],
                                                                     9/8/2022.
R307-306-02................  Definitions..........        9/2/2005  [insert Federal
                                                                     Register citation],
                                                                     9/8/2022.
R307-306-03................  Applicability........        9/2/2005  [insert Federal
                                                                     Register citation],
                                                                     9/8/2022.
R307-306-04................  Visible Emission             9/2/2005  [insert Federal
                              Standard.                              Register citation],
                                                                     9/8/2022.
R307-306-05................  Visible Emission             9/2/2005  [insert Federal
                              Evaluation                             Register citation],
                              Techniques.                            9/8/2022.
R307-306-06................  Performance Standards        9/2/2005  [insert Federal
                                                                     Register citation],
                                                                     9/8/2022.
R307-306-07................  Compliance Schedule..        9/2/2005  [insert Federal
                                                                     Register citation],
                                                                     9/8/2022.

                                                  * * * * * * *
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                                   R307-401. Permit: New and Modified Sources
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                                                  * * * * * * *
R307-401-02................  Definitions..........        3/5/2020  [insert Federal        Previous SIP
                                                                     Register citation],    approval: 2/6/14.
                                                                     9/8/2022.

                                                  * * * * * * *
R307-401-04................  General Requirements.        3/5/2020  [insert Federal        Previous SIP
                                                                     Register citation],    approval: 2/6/14.
                                                                     9/8/2022.
R307-401-05................  Notice of Intent.....        3/5/2020  [insert Federal        Previous SIP
                                                                     Register citation],    approval: 2/6/14.
                                                                     9/8/2022.
R307-401-06................  Review Period........        3/5/2020  [insert Federal        Previous SIP
                                                                     Register citation],    approval: 2/6/14.
                                                                     9/8/2022.

                                                  * * * * * * *
R307-401-09................  Small Source                 3/5/2020  [insert Federal        Previous SIP
                              Exemption.                             Register citation],    approval: 2/6/14.
                                                                     9/8/2022.
R307-401-10................  Source Category              3/5/2020  [insert Federal        Previous SIP
                              Exemptions.                            Register citation],    approval: 5/27/2021.
                                                                     9/8/2022.
R307-401-11................  Replacement-in-Kind          3/5/2020  [insert Federal        Previous SIP
                              Equipment.                             Register citation],    approval: 2/6/14.
                                                                     9/8/2022.

                                                  * * * * * * *
R307-401-14................  Used Oil Fuel Burned         3/5/2020  [insert Federal        Previous SIP
                              for Energy Recovery.                   Register citation],    approval: 5/13/14.
                                                                     9/8/2022.
R307-401-15................  Air Strippers and            3/5/2020  [insert Federal        Previous SIP
                              Soil Vapor                             Register citation],    approval: 1/29/16.
                              Extraction Projects.                   9/8/2022.
R307-401-16................  De minimis Emissions         3/5/2020  [insert Federal        Previous SIP
                              From Soil Aeration                     Register citation],    approval: 5/13/14.
                              Projects.                              9/8/2022.

                                                  * * * * * * *
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                   R307-405. Permits: Major Sources in Attainment or Unclassified Areas (PSD)
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                                                  * * * * * * *
R307-405-02................  Applicability........        6/4/2020  [insert Federal        Previous SIP
                                                                     Register citation],    approval: 7/10/20.
                                                                     9/8/2022.

                                                  * * * * * * *
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                                  R307-410. Permits: Emissions Impact Analysis
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                                                  * * * * * * *
R307-410-03................  Use of Dispersion            6/4/2020  [insert Federal        Previous SIP
                              Models.                                Register citation],    approval: 7/10/20.
                                                                     9/8/2022.
R307-410-04................  Modeling of Criteria         8/6/2020  [insert Federal        Previous SIP
                              Pollutant Impacts in                   Register citation],    approval: 2/6/14.
                              Attainment Areas.                      9/8/2022.

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[FR Doc. 2022-19299 Filed 9-7-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Notices]
[Pages 52841-52842]
[FR Doc No: 2015-21526]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0089]

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 of the Code of Federal
Regulations (CFR), this document provides the public notice that by a
document posted on March 11, 2015, the Ashtabula, Carson & Jefferson
Railroad (ACJR) has petitioned the Federal Railroad Administration
(FRA) for a waiver of compliance from certain provisions of the Federal
railroad safety regulations contained at 49 CFR 223.11, Requirements
for existing locomotives. FRA assigned the petition Docket Number FRA-
2009-0089.
    ACJR of Jefferson City, OH, has petitioned for a permanent waiver
of compliance for one locomotive, ACJR 7371, from the requirements of
the railroad safety glazing standards at 49 CFR part 223 that require
certified glazing in all windows. ACJR, chartered in 1984 to save the
Conrail Jefferson Industrial Track, is located in the northeastern
corner of Ohio. Its 6.3-mile long track, running through level farmland
and wooded areas, has one terminus in Jefferson, OH, and the other, for
interchanges, at the south end of Norfolk Southern Railway's Carson
Yard in Ashtabula, OH. The railroad provides bulk commodity shipping
and transloading services to customers from its staging facilities at
the termini. Each year, the railroad hauls approximately 1,200 cars, at
speeds not exceeding 10 mph.
    The locomotive was built by the American Locomotive Company (Alco)
in April 1941, as a model S1 B-B yard switcher with an Alco 539 (6-
cylinder, 660 hp) engine. It is equipped with Plexiglas-type safety
glazing that is in good condition, clear, and unscratched. ACJR states
that there has been no instance of vandalism in approximately 30 years
of its operations. ACJR further states that the expense of retrofitting
the locomotive to comply with FRA safety glazing standards would impose
an

undue financial burden that ACJR cannot bear at this time.
    Because of a low risk of exposure to injury due to vandalism and
the prohibitive cost of glazing material and labor, ACJR is requesting
the waiver of regulation contained at 49 CFR 223.11 for its locomotive
listed above.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by October 16, 2015 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.

    Issued in Washington, DC, on August 10, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-21526 Filed 8-31-15; 8:45 am]
 BILLING CODE 4910-06-P