Proposed Rule2022-14050
Approval and Promulgation of Implementation Plans; State of Utah; Revisions to Utah Administrative Code: Environmental Quality; Title R307; Air Quality
Primary source
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Published
June 30, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve 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 revisions to the Utah Administrative Code address various State Implementation Plan (SIP) changes and updates. Specifically, we are proposing to make 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 proposing to approve changes to several Permits rules including adding new definitions, clarifying testing methods, and specifying an emissions limit for particulate matter 2.5 (PM<INF>2.5</INF>) for emissions impact analysis. We are also proposing to repeal and replace the Emissions Testing rule as well as approve a new rule related to abrasive blasting in particular matter 10 (PM<INF>10</INF>) nonattainment areas. The EPA is taking this action pursuant to the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 125 (Thursday, June 30, 2022)</title>
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[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Proposed Rules]
[Pages 39036-39039]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14050]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2022-0186; FRL-9930-01-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: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve 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 revisions to the Utah
Administrative Code address various State Implementation Plan (SIP)
changes and updates. Specifically, we are proposing to make 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 proposing to approve
changes to several Permits rules including adding new definitions,
clarifying testing methods, and specifying an emissions limit for
particulate matter 2.5 (PM<INF>2.5</INF>) for emissions impact
analysis. We are also proposing to repeal and replace the Emissions
Testing rule as well as approve a new rule related to abrasive blasting
in particular matter 10 (PM<INF>10</INF>) nonattainment areas. The EPA
is taking this action pursuant to the Clean Air Act (CAA).
[[Page 39037]]
DATES: Written comments must be received on or before August 1, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2022-0186, to the Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://www.regulations.gov">www.regulations.gov</a>. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
Docket: All documents in the docket are listed in the
<a href="http://www.regulations.gov">www.regulations.gov</a> index. 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, will be publicly available only in hard copy.
Publicly available docket materials are available electronically in
<a href="http://www.regulations.gov">www.regulations.gov</a>. To reduce the risk of COVID-19 transmission, for
this action we do not plan to offer hard copy review of the docket.
Please email or call the person listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make alternative arrangements for access
to the docket.
FOR FURTHER INFORMATION CONTACT: Amanda Brimmer, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6323, <a href="/cdn-cgi/l/email-protection#4b29392226262e39652a262a252f2a0b2e3b2a652c243d"><span class="__cf_email__" data-cfemail="e486968d89898196ca8589858a8085a4819485ca838b92">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
Between May 21, 2020, and November 12, 2020, the State of Utah
submitted multiple SIP revisions for EPA approval including: revisions
to R307-101 changing the date of the referenced CFR from July 1, 2017
to July 1, 2019; correction to R307-150-1 rule number reference; repeal
and replacement of R307-165 related to stack testing; addition of new
section R307-306, related to abrasive blasting specifically in
particulate matter (PM) nonattainment and maintenance areas; minor and
major revisions to R307-401 including additions of new definitions and
specifying testing methods; clerical updates to R307-405, deleting CFR
date of July 2018, and renumbering subsections; and clerical revisions
to R307-410 including removing specific CFR dates and adding an
emissions limit for PM<INF>2.5</INF> to Table 1. The EPA is not
proposing action at this time on submittals from May 21, 2020 for R307-
401-16, from May 28, 2020 for parts of R307-150 and multiple state
rules that fall under the R307-500 rule series, and from November 3,
2020, for R307-150, R307-210, R307-214, and R307-410-5.
II. The EPA's Evaluation
Section 110(k) of the CAA addresses the EPA's rulemaking action on
SIP submissions by states. The CAA requires states to observe certain
procedural requirements in developing SIP revisions for submittal to
the EPA. Section 110(a)(2) of the CAA requires that each SIP revision
be adopted after reasonable notice and public hearing. This must occur
prior to the revision being submitted by a state to the EPA. Guidance
and policy documents that were used to evaluate enforceability,
revision/relaxation, and rule stringency requirements for the
applicable criteria pollutants was the, ``State Implementation Plans;
General Preamble for the Implementation of Title I of the Clean Air Act
Amendments of 1990,'' 57 FR 13498 (April 16, 1992); 57 FR 18070 (April
28, 1992). For clarity, EPA's evaluation is broken out by rule number.
R307-101: General Requirements
On November 3, 2020, the EPA received a submission from the State
of Utah for R307-101-3, General Requirements: Version of Code of
Federal Regulations Incorporated by Reference, which is the general
version of the CFR incorporation which applies throughout Utah's R307
rule series, unless otherwise specified in a specific rule. The
revision updated the referenced effective date of relevant 40 CFR
references from July 1, 2017, to July 1, 2019. States periodically
update their SIPs to incorporate by reference the most current 40 CFR
to correlate environmental regulations. This rule, as submitted by the
State, does not cover rules that specify their own date for the version
of the CFR that are incorporated by reference. On July 10, 2020 (85 FR
41398), we previously acted on R307-101-3, updating the CFR reference
date and received no comments.
On March 4, 2020, the Utah Air Quality Board approved for public
comment revisions for rule R307-101-3. The state public comment period
ran from April 1 to May 4, 2020. A public hearing was not requested and
no comments were received. The effective date of this rule was June 4,
2020. EPA is proposing to approve this revision.
R307-150: Emissions Inventories
On May 28, 2020, the EPA received a submission from the State of
Utah for R307-150, Emission Inventories, section 1, which fixes an
erroneous reference that should have been to R307. This revision did go
through public comment October 1-November 15, 2017, and received no
comments. It went into effect March 5, 2018.
R307-165: Emissions Testing
On November 3, 2020, the EPA received a submission from the State
of Utah for R307-165, Stack Testing, sections 1 through 6. Due to the
multitude of changes, the State decided to repeal R307-165, Emission
Testing and replace it with all new text as R307-165. Stack Testing.
The replacement text outlines the requirements for notifying,
conducting, and reporting stack tests to Utah Division of Air Quality
(UDAQ) and aligns the rule with federal requirements. The revisions
also aligned the rule with State rule formatting and make clerical
revisions for general clarity which strengthens the SIP.
On March 4, 2020, the Utah Air Quality Board approved for public
comment revisions for rule R307-165. The state public comment period
ran from April 1 to May 4, 2020. A public hearing was not requested and
no comments were received. The effective date of this rule was August
10, 2020. EPA is proposing to approve these revisions.
R307-306: PM10 Nonattainment and Maintenance Areas: Abrasive Blasting
On November 12, 2020, the EPA received a submission from the State
of Utah for R307-306, PM<INF>10</INF> Nonattainment and Maintenance
Areas: Abrasive Blasting, sections 1 through 7. The new rule was based
on language in Utah state rule R307-206, Emission Standards: Abrasive
Blasting, previously approved
[[Page 39038]]
by EPA in 2006,\1\ with the addition of a few sections and renumbering
for consistency with State rule formatting. The new rule applies
specifically to PM<INF>10</INF> nonattainment and maintenance areas,
being effective 180 days after the area is officially designated a
nonattainment area for PM<INF>10</INF> by the EPA. Additionally,
section R307-306-4 and R307-306-5 were strengthened from prior R307-206
text, with the standard for opacity being tightened from 40% to 20% and
adding that visible emissions shall be measured using EPA Method 9.
Additionally, section R307-306-3 added reference to Utah's SIP Section
IX, Part H for clarity.
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\1\ See 71 FR 7679, 2/14/06.
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On March 9, 2005, the Utah Air Quality Board approved for public
comment revisions for R307-306. The public comment period for was from
March 1 to April 2, 2005. In response to public comment, clarifications
were made to Rule R307-306, but no significant changes were made.
Additional comments were accepted August 1 to September 2, 2005, on
these minor revisions. No additional comments were received and the
rule became effective September 2, 2005. EPA is proposing to approve
these revisions, including use of Method 9 as an acceptable method
under 40 CFR part 51 Appendix M--Recommended Test Methods for State
Implementation Plans.\2\
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\2\ In 2006, EPA adopted newer testing methods which are
virtually identical to EPA's Method 9 (found in 40 CFR part 60,
appendix A), except for the data-reduction procedures, which provide
for averaging times other than 6 minutes. Therefore, using Method
203A (found in 40 CFR part 51, appendix M), with a 6-minute
averaging time would be the same as following EPA Method 9.
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R307-401: Permits: New and Modified
On May 21, 2020, and May 28, 2020, the EPA received submissions
from the State of Utah for R307-401, Permit: New and Modified Sources.
The May 28, 2020 revisions were primarily clerical in nature, updating
section references, and renumbering or removing numbers as necessary,
with a few substantive changes . Section R307-401-2 removed subsection
(1) and added clarifying references. Sections R307-401-4 through R307-
401-6 and R307-401-9 had clerical revisions and updated section
references. Section R307-401-10 added subsection (5) which included a
definition for ``well site,'' as defined in 40 CFR 60.5430a, to
exempted source categories, and a later update added ``centralized tank
batteries'' for clarification of the section.\3\ Rule R307-401-11
includes a clerical update to subsection (1)(c) changing 'contaminants'
to 'pollutants.' Section R307-401-14 through R307-401-16 included
updated section references.
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\3\ This revision precedes a previous SIP action by EPA (See 86
FR 28493, 5/27/2021), which added a subsequent subsection (6), thus
subsection (6) is being reaffirmed in this action.
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The May 21, 2020 submission had more substantive revisions,
including adding definitions to R307-401-2 for ``air strippers,''
``soil aeration,'' ``soil vapor extraction,'' and ``vapor mitigation
system (VMS).'' R307-401-10 was amended to include the addition of a
new subsection (7) related to the exemption of ``vapor mitigation
systems,'' which exempts these systems from the New Source Review (NSR)
permitting process and from the requirements of R307-401-15. Section
R307-401-15 revisions updated the section title to include 'vapor
extraction' and added much clarifying text related to air strippers and
soil vapor extraction including testing and sampling procedures and
reporting requirements.
On August 6, 2017 and September 7, 2019, the Utah Air Quality Board
approved a public comment period for rule R307-401, Permit: New and
Modified Sources. Public comment was taken October 1 through November
15, 2017 and September 1-30, 2019, respectively. The 2017 revision to
R307-401-10 was updated based on received public comment. Revisions
went into effect March 5, 2018, and March 5, 2020, respectively. EPA is
proposing to approve these revisions.
R307-405: Permits: Major Sources in Attainment or Unclassified Areas
(PSD)
On November 3, 2020, the EPA received a submission from the State
of Utah for R307-405-2, Permits: Major Sources in Attainment or
Unclassified Areas (PSD), which streamlines the process for future
rulemaking, making individual amendments to this rule no longer
necessary to update their CFR incorporation, as the effected CFR date
now falls under R307-101-3. On March 4, 2020, the Utah Air Quality
Board approved this revision for public comment, which ran from April 1
to May 4, 2020. A public hearing was not requested and no comments were
received. The effective date of this rule was June 4, 2020. EPA is
proposing to approve this revision.
R307-410: Permits: Emissions Impact Analysis
On November 3, 2020, the EPA received a submission from the State
of Utah for R307- R307-410 Permit: Emission Impact Analysis, for
sections 3 and 4. Revisions to R307-410-3 is a clerical update,
removing the effective date of 40 CFR part 51, appendix. W. Revisions
to R307-410-4 updates Table 1 which adds a PM<INF>2.5</INF> significant
emission rate (SER) modeling threshold of 10 tons per year (tpy) for
direct emissions of major and minor sources in attainment areas
established in 40 CFR 51.166(b)(23). This specific addition was done by
the State in anticipation of an attainment designation of their
PM<INF>2.5</INF> nonattainment areas.
Although SERs are used for PSD applicability purposes, the State of
Utah also uses SERs as the modeling threshold for both major and minor
sources. When an area is designated attainment, modeling is an
important part of the NSR program to ensure that a modification or new
source will not cause or contribute to a violation of the National
Ambient Air Quality Standard (NAAQS). Therefore, the State of Utah
intends to ensure, through this rule revision, that appropriate
requirements are established for evaluating the impact of new or
modified sources upon anticipated redesignation of Utah's
PM<INF>2.5</INF> nonattainment areas. In addition, this revision
corrects the terminology for the non-fugitive PM<INF>10</INF> modeling
threshold; specifically, the term ``non-fugitive dust,'' which is not
defined in the Utah administrative rules and is technically incorrect.
On March 4, 2020, the Utah Air Quality Board approved for public
comment revisions for rule R307-410-3, which ran from April 1 to May 4,
2020. A public hearing was not requested and no comments were received.
The effective date of this rule was June 4, 2020. Additionally, on May
6, 2020, the Utah Air Quality Board approved for public comment
revisions to Rule R307-410-4, which ran from June 1 to July 2, 2020. No
public comments were received nor was a public hearing requested and
this rule became effective August 6, 2020. EPA is proposing to approve
both revisions.
The following rules were submitted to the EPA; however, we are not
acting on the revisions within this proposed action. We are not
proposing to act on the State of Utah's rule revision submitted on May
21, 2020, to R307-401-16. We are also not proposing action on the May
28, 2020, submittal for R307-150-3, R307-150-9, nor any of the R307-500
series rules as there is currently not a requirement for the Uinta
Basin Marginal Nonattainment Area to submit a SIP revision for EPA
approval under CAA Part D section 182(a).\4\ Additionally, we are not
[[Page 39039]]
proposing to act on the November 3, 2020, submittal related to
revisions of R307-150-3 and R307-150-9, nor are we approving R307-210,
R307-214, nor R307-410-5, because authority for these rules has already
been delegated to the State of Utah.\5\ EPA is working with the State
of Utah to correct these rules, which will be acted on at some future
date as applicable.
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\4\ The State of Utah intends to correct the requested action on
R307-150, R307-210, R307-214, R307-410-5, and R307-500 series rules
through withdraw of these submittals.
\5\ See Delegations of Authority for NSPS and NESHAP Standards
to States and Tribes in Region 8, <a href="https://www.epa.gov/air-quality-implementation-plans/delegations-authority-nsps-and-neshap-standards-states-and-tribes">https://www.epa.gov/air-quality-implementation-plans/delegations-authority-nsps-and-neshap-standards-states-and-tribes</a>.
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III. Proposed Action
Based on the above discussion, EPA finds that the proposed
revisions to R307-101, R307-150, R307-401, R307-405, and R307-410 as
well new rule R307-306, and the repeal and replacement of R307-165
would not interfere with attainment or maintenance of any of the NAAQS
in the State of Utah and would not interfere with any other applicable
requirement of the CAA and thus is approvable under CAA 110(a)(2)(C),
40 CFR 51.160-164 and CAA section 110(l). Specifically, we are
proposing to approve the State of Utah's rule revision submitted on May
21, 2020, to R307-401-2, R307-401-10, and R307-401-15. Additionally, we
are proposing to approve the State of Utah's rule revision submitted on
May 28, 2020, to R307-150-1, R307-401-2, R307-401-4 through R307-401-6,
R307-401-9 through R307-401-11, R307-401-14 through R307-401-16.
Additionally, we are proposing to approve the State of Utah's rule
revision submitted on November 3, 2020, to R307-101-3, R307-165
sections 1 through 6, R307-405-2, R307-410-3, and R307-410-4.
Furthermore, we are proposing to approve the State of Utah's rule
revision submitted on November 12, 2020, to include new rule R307-306,
sections 1 through 7 into the SIP.
IV. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the UDAQ rules discussed in section I. The EPA
has made, and will continue to make, these materials generally
available through <a href="http://www.regulations.gov">www.regulations.gov</a> (please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order Reviews
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
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 proposed 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).
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 26, 2022.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2022-14050 Filed 6-29-22; 8:45 am]
BILLING CODE 6560-50-P
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