[Federal Register Volume 79, Number 40 (Friday, February 28, 2014)]
[Rules and Regulations]
[Pages 11325-11327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04336]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2013-0474; FRL-9905-25-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
Utah; Revisions to Utah Administrative Code and an Associated Plan
Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is partially
approving and partially disapproving State Implementation Plan (SIP)
revisions submitted by the State of Utah on September 20, 1999. The
September 20, 1999 submittal revised the numbering and format of the
Utah Administrative Code (UAC) rules within Utah's SIP. In this action,
EPA is acting on those rules from the September 20, 1999 submittal that
still require EPA action. Specifically, EPA is approving R307-110-16,
``Section IX, Control Measures for Area and Point Sources, Part G,
Fluoride,'' and disapproving R307-110-29, ``Section XXI, Diesel
Inspection and Maintenance Program.'' In conjunction with our
disapproval of R307-110-29, we are also disapproving the Utah Diesel
Inspection and Maintenance Program, which Utah submitted as a revision
to the SIP on February 6, 1996, and which was incorporated by reference
in R307-110-29 as part of the September 20, 1999 submittal. This action
is being taken under section 110 of the Clean Air Act (CAA).
DATES: This final rule is effective March 31, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2013-0474. All documents in the docket are listed in
the www.regulations.gov index. Although listed in the index, some
information may not be 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. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, Mailcode
8P-AR, Environmental Protection Agency Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129, (303) 312-7814, or [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. What action is EPA finalizing and why?
III. Statutory and Executive Orders Review
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 PM10 mean or refer to particulate
matter with an aerodynamic diameter of less than or equal to 10
micrometers (coarse particulate matter).
(iv) The initials PM2.5 mean or refer to particulate
matter with an aerodynamic diameter of less than or equal to 2.5
micrometers (fine particulate matter).
(v) The initials SIP mean or refer to State Implementation Plan.
(vi) The words State or Utah mean the State of Utah, unless the
context indicates otherwise.
(vii) The initials UAC mean or refer to the Utah Administrative
Code.
I. Background
Utah's September 20, 1999 submittal revised the numbering and
format of the UAC rules within Utah's SIP. The purpose was to provide
for a more consistent numbering system and a coherent structure
allowing provisions to be located more easily within Utah's rules.
On February 14, 2006 (71 FR 7679), we approved many of the re-
numbered rules from the September 20, 1999 submittal, but we deferred
action on others or explained why no action on the rules was
necessary.\1\ In subsequent rulemaking actions, we acted on other rules
from the September 20, 1999 submittal, or on later versions of the
rules that superseded the version submitted on September 20, 1999.
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\1\ On April 18, 2007 (74 FR 19383), EPA issued a correction
notice that corrected certain aspects of the regulatory text in
EPA's February 14, 2006 action.
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On August 14, 2013, we proposed to act on those rules from the
September 20, 1999 submittal that still required EPA action. See 78 FR
49400. Specifically, we proposed to approve R307-110-16, ``Section IX,
Control Measures for Area and Point Sources, Part G, Fluoride,'' and we
proposed to disapprove R307-110-29, ``Section XXI, Diesel Inspection
and Maintenance Program.'' In conjunction with our proposed disapproval
of R307-110-29, we also proposed to disapprove the Utah Diesel
Inspection and Maintenance Program (Section XXI of the Utah SIP), which
Utah submitted to EPA as a SIP revision on February 6, 1996 and which
R307-110-29 of the September 20, 1999 submittal incorporated by
reference.
[[Page 11326]]
Our August 14, 2013 notice of proposed rulemaking invited comment
on our proposal and provided a 30-day comment period. The comment
period ended on September 13, 2013. We received no comments.
Accordingly, we are finalizing our actions as proposed.
In the docket for this final rule we have included a table that
lists the rules from the September 20, 1999 submittal that are not
addressed by today's action and explains why no action on such rules is
required.
II. What action is EPA finalizing and why?
A. R307-110-16, ``Section IX, Control Measures for Area and Point
Sources, Part G, Fluoride''
We are approving the renumbering of R307-110-16, ``Section IX,
Control Measures for Area and Point Sources, Part G, Fluoride.'' This
provision incorporates by reference Utah SIP Section IX, Part G, as
amended by the Utah Air Quality Board on December 18, 1992, into the
UAC.
In our October 13, 2005 proposed rule on Utah's September 20, 1999
submittal (70 FR 59681), we did not propose to act on the renumbering
of R307-110-16. As our reason, we stated: ``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).'' (70 FR 59687) That
statement was incorrect. The May 20, 2002 action did not remove R307-
110-16 (under its previous numbering) or associated Utah SIP section
IX, Part G from the SIP. Instead, that action removed R307-1-4.11,
``Regulation for the Control of Fluorides from Existing Plants'' from
the SIP, in part based on the dismantling of the only facility to which
the provision applied. In fact, on June 25, 2003 (68 FR 37744), we
approved the renumbering of Utah SIP Section IX, Part G, and this
section remains in the SIP. However, we have not acted on the
corresponding renumbering of R307-110-16 in the September 20, 1999
submittal. As R307-110-16 merely incorporates by reference SIP Section
IX, Part G, which itself is currently in the SIP, we are approving the
renumbering of R307-110-16.
B. R307-110-29, ``Section XXI, Diesel Inspection and Maintenance
Program''
We are disapproving R307-110-29, ``Section XXI, Diesel Inspection
and Maintenance Program.'' R307-110-29 incorporated by reference the
Utah Diesel Inspection and Maintenance Program (Section XXI of the
SIP), as adopted by the Utah Air Quality Board on July 12, 1995 (and
submitted to EPA on February 6, 1996), which we have not acted on
previously. In our October 13, 2005 notice of proposed rulemaking (70
FR 59681), we stated that we would not act to approve R307-110-29
because the rule incorporated by reference Utah's February 6, 1996 SIP
submittal. We noted that we would address the February 6, 1996 SIP
submittal at a later date (70 FR 59687). We restated our intentions in
our final rule of February 14, 2006 (71 FR 7679) in which we noted that
we would act on R307-110-29 when we acted on Utah's February 6, 1996
SIP submittal (71 FR 7681). With this final rule, we are disapproving
the State's February 6, 1996 submittal of its Diesel Inspection and
Maintenance Program (see section II.C. below). Therefore, EPA is also
disapproving R307-110-29 because it incorporates by reference the
State's Diesel Inspection and Maintenance Program that we are
disapproving.
C. Utah SIP Revision: Section XXI, ``Diesel Inspection and Maintenance
Program.''
We are disapproving Utah's Diesel Inspection and Maintenance (I/M)
Program contained in Section XXI of the Utah SIP, which Utah submitted
on February 6, 1996 (hereafter, the ``I/M Program''). The Program
requires the inspection of diesel-powered vehicles by means of an
emissions opacity test. The opacity of vehicle emissions is measured,
using what is known as a snap-idle opacity test, to determine the need
for vehicle repair and maintenance. Utah adopted the Program with the
goal of reducing particulate emissions from diesel vehicles in the
PM10 \2\ nonattainment areas along the Wasatch Front--
namely, Davis, Salt Lake, and Utah Counties.
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\2\ Particulate matter with an aerodynamic diameter less than or
equal to 10 microns (PM10).
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Our disapproval is based on several issues. First, relevant
literature and studies indicate that there is not an accepted
correlation between opacity and particulate matter mass emissions in
diesel vehicles. Given this lack of correlation between opacity and PM
mass emissions, it is unlikely that the snap-opacity test is a good
predictor of PM emissions, and the State has not provided data to
support a different conclusion. Second, the Governor's February 6, 1996
submittal of the Program did not specify a number of critical
parameters, such as the relevant opacity limits or specifications for
test equipment. While many of the missing parameters were included in
revisions to Davis, Salt Lake, and Utah Counties' inspection and
maintenance ordinances that the Utah Division of Air Quality forwarded
to us on April 12, 2006, the State did not amend Section XXI of the SIP
to include the revised ordinances, and the Governor did not submit such
an amendment to us to replace the version submitted on February 6,
1996. Therefore, the Program as submitted is not enforceable as a
practical matter. Finally, relevant literature and studies suggest that
adjusting diesel vehicles to reduce the opacity of emissions may result
in an increase in emissions of nitrogen oxides (NOX), which
are precursors to the formation of PM2.5,\3\
PM10, and ground level ozone. It is possible, therefore,
that repairing vehicles to meet the opacity test could exacerbate PM
emissions in Utah, and the State has not provided data to contradict
this possibility. We note that on November 13, 2009, Davis, Salt Lake,
and Utah Counties were designated nonattainment for the 2006 24-hour
PM2.5 NAAQS (74 FR 58688). Also, both Salt Lake and Utah
Counties retain their original legal designation of nonattainment for
PM10.
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\3\ Particulate matter with an aerodynamic diameter less than or
equal to 2.5 microns (PM2.5).
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We are unable to conclude that approval of the I/M Program would
strengthen the SIP or would be consistent with the requirements of CAA
section 110(l). Section 110(1) states that a SIP revision cannot be
federally-approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a NAAQS or any other applicable requirement of
the CAA. The potential increase in NOX emissions from the I/
M Program could interfere with attainment or reasonable further
progress towards attainment of the PM2.5 NAAQS in the
relevant counties. We have no conclusive data to show that the
potential benefits of the I/M Program outweigh the potential emission
increases with respect to pollutants of concern. Furthermore, the State
has not provided data that would support the benefits it ascribes to
the I/M Program. Instead, it references a 1988 study that attempts to
indirectly infer a level of emission reductions resulting from fixing a
statistically insignificant number of old-technology diesel vehicles to
reduce exhaust opacity, but without conducting the type of before-and-
after-repair mass-emission transient testing on the contemporary fleet
of diesel vehicles needed to actually quantify any potential impacts on
emissions.
For the foregoing reasons, we are disapproving Section XXI of the
SIP,
[[Page 11327]]
``Diesel Inspection and Maintenance Program,'' as submitted by the
State on February 6, 1996.
III. Statutory and Executive Orders Review
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law that meets federal
requirements and disapproves state law that does not meet federal
requirements; this action does not impose additional requirements
beyond those imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
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, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
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 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 April 29, 2014. 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, Sulfur oxides, and Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 19, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.
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. Amend Sec. 52.2320 by adding paragraph (c)(77) to read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
(77) On February 6, 1996, Utah submitted as a revision to its State
Implementation Plan (SIP) a ``Diesel Inspection and Maintenance
Program,'' Section XXI of the Utah SIP. EPA is disapproving the Utah
Diesel Inspection and Maintenance Program as submitted on February 6,
1996. On September 20, 1999 the State of Utah submitted revisions to
its SIP that revised the numbering and format of the Utah
Administrative Code rules within Utah's SIP. From the September 20,
1999 submittal, EPA is approving R307-110-16, ``Section IX, Control
Measures for Area and Point Sources, Part G, Fluoride,'' and
disapproving R307-110-29, ``Section XXI, Diesel Inspection and
Maintenance Program,'' which incorporated Utah's Diesel Inspection and
Maintenance Program by reference into Utah's rules. EPA has previously
acted on other provisions from the September 20, 1999 submittal.
(i) Incorporation by reference.
(A) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-110, General Requirements: State
Implementation Plan, R307-110-16, Section IX, Control Measures for Area
and Point Sources, Part G, Fluoride; effective September 15, 1998; as
published in the Utah State Bulletin on June 1, 1998 and October 1,
1998.
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[FR Doc. 2014-04336 Filed 2-27-14; 8:45 am]
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