[Federal Register Volume 71, Number 30 (Tuesday, February 14, 2006)]
[Rules and Regulations]
[Pages 7679-7683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1310]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2005-UT-0001; FRL-8027-4]
Approval and Promulgation of Air Quality Implementation Plans;
Utah; Rule Recodification
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action 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 SIP submittal dated September 20, 1999 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 SIP revision
dated September 20, 1999 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 (NESHAPS) 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: Effective Date: This rule is effective on March 16, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2005-UT-0001. All documents in the docket are listed in
the Regional Materials in EDOCKET (RME) index at http://docket.epa.gov/rmepub/. On November 28, 2005, RME, EPA's electronic public docket and
comment system, was replaced by an enhanced federal-wide electronic
docket management and comment system located at http://www.regulations.gov. Therefore, you will be redirected to that site to
access the docket EPA-R08-OAR-2005-UT-0001. Although listed in the
index, some information is not publicly available, i.e., 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 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 300, 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: Catherine Roberts, EPA, Region 8, 999
18th Street, Ste. 300 (8P-AR), Denver, CO, 80202-2466, (303) 312-6025,
[email protected].
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. Summary of Final Action
III. Summary of Public Comments and EPA's Response
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.
II. Summary of Final Action
On October 13, 2005 EPA published a notice of proposed rulemaking
(NPR) for the State of Utah (70 FR 59681). The NPR proposed approval of
the recodification of the UAC rules that had previously been approved
into Utah's SIP, removed from Utah's SIP rule language that is obsolete
or is generally not related to attainment of the NAAQS and is therefore
not appropriate to be in Utah's SIP and arranged rules to allow for a
more coherent SIP structure. The formal SIP revisions were submitted by
[[Page 7680]]
the State of Utah on February 5, 2001, October 26, 2000, September 20,
1999, September 7, 1999, two SIP revisions submitted February 6, 2001
and one submitted January 27, 1995. A summary of these SIP submittals
follows.
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 SIP revision dated September 20, 1999 will be
addressed at a later date. The following identifies the renumbered rule
sections we are approving as replacing the prior numbered rule
sections: R307-101-1 and 2 with the exception of the definitions for
``actual emissions,'' ``major modification,'' ``part 70 source,''
``significant,'' and ``volatile organic compound'' effective September
15, 1998; R307-102-1 through R307-102-6 effective September 15, 1998
and R307-102-1(2) effective August 3, 2000; R307-105-1 and R307-105-2
effective September 15, 1998, R307-107-1 through R307-107-6 effective
September 15, 1998; 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 effective September 15, 1998; R307-115
effective September 15, 1998; R307-130-1 through R307-130-4 effective
September 15, 1998; R307-165-1 through R307-165-4 effective September
15, 1998; R307-201-1 through R307-201-3 effective September 15, 1998;
R307-202-1 through R307-202-6 effective September 15, 1998; R307-203-1
through R307-203-3 effective September 15, 1998; R307-206-1 through
R307-206-5 effective September 15, 1998; R307-301-1, R307-301-2, and
R307-301-4 through R307-301-14 effective November 12, 1998; R307-302-1,
R307-302-2 and R307-302-4 effective September 15, 1998; R307-305-1
through R307-305-7 effective September 15, 1998; R307-307-1 through
R307-307-3 effective September 15, 1998; R307-325-1 through R307-325-4
effective September 15, 1998; R307-326-1 through R307-326-7 effective
September 15, 1998; R307-327-1 through R307-327-3 effective September
15, 1998; R307-328-1 through R307-328-5 effective September 15, 1998;
R307-335-1 through R307-335-4 effective September 15, 1998; R307-340-1
through R307-340-13 effective September 15, 1998; R307-341-1 through
R307-341-3 effective September 15, 1998; R307-342-1 through R307-342-7
effective September 15, 1998; R307-401-9 and R307-401-10(1) effective
September 15, 1998; R307-403-1 through R307-403-9 effective September
15, 1998; R307-405-1 through R307-405-8 effective September 15, 1998;
R307-406-1 through R307-406-6 effective September 15, 1998; R307-413-7
effective September 15, 1998; and R307-414-1 through R307-414-3
effective September 15, 1998. These rules have only been renumbered,
contain non-substantive changes to the rule that do not affect 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.
We are not acting to approve Utah's SIP submittal dated September
7, 1999 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 SIP submittal dated
February 5, 2001 and October 9, 1998. Rule R307-150-1 is restored to
its appropriate rule section in Utah's SIP submittal dated February 5,
2001 which we are acting to approve in this action. Rule R307-150-2
will be addressed at a later date when EPA addresses Utah's SIP
submittal dated October 9, 1998.
We are not acting to approve Utah's SIP submittal dated February 6,
1996 that pertains to Utah's rule R307-2 and portions of Utah's SIP
submittal dated February 6, 1996 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 that is being approved in this
action.
We are approving a portion of Utah's SIP submittal dated January
27, 1995 that pertains to Utah's rules R307-1-2.3.2, R307-1-3.1.4, and
R307-1-3.2.3. Utah's rule R307-1-2.3.2 (renumbered to R307-102-4(1))
adds a reference to Utah's Code to clarify where to find further
information regarding Utah's variance rule. Utah's rule R307-1-3.2.3
deletes provisions for special testing because the provisions are
obsolete. We will not be addressing Utah's rule R307-1-3.1.4 or R307-1-
3.2.3 in this notice. R307-1-3.1.4 will be addressed at a later date
when EPA addresses Utah's SIP submittal dated October 9, 1998 and 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.
We are approving the removal of Utah's asbestos rule R307-1-8 and
rule R307-1-6 pertaining to Utah's eligibility of pollution control
expenditures for sales tax exemption from Utah's federally enforceable
SIP because these rules are not generally related to attainment of the
NAAQS and are therefore not appropriate to be in Utah's SIP. We are
also not acting on Utah's SIP submittal dated October 26, 2000 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. We are also
approving the removal of Utah's rule R307-1-4.12 titled ``National
Emission Standards for Hazardous Air Pollutants''. 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.
EPA is not acting to approve the follow rules or portions of these
rule for reasons stated under section III.B of the NPR (70 FR 59681):
R307-121, R307-122, R307-135, R307-214, R307-215, R307-220, R307-221,
R307-320, R307-332, R307-410, R307-415, and R307-417.
Finally, EPA is not acting on the following rules because they have
been superseded and replaced by other Utah SIP submittals as explained
in the NPR (70 FR 59681): Utah's SIP submittal dated February 16, 1996
titled ``Expansion of R307-2'' that recodified and expanded Utah's
R307-2; portions of Utah's SIP submittal dated February 6, 1996 that
recodifies Utah's Emission Standards rule(s) that pertain to
subsections: R307-1-4.9 and R307-1-4.12; Utah's SIP submittal dated
February 6, 1996 that recodifies Utah's Emission Standards rule R307-1-
4 that pertains to changes made in subsection R307-1-4.6; Utah's SIP
submittal dated September 20, 1999 that pertain to rule sections R307-
110-10, R307-110-12, R307-110-16, R307-110-17, R307-110-19, R307-110-
29, R307-110-31, R307-110-33, R307-110-34, R307-110-35; Utah's SIP
submittal dated September 20, 1999 that recodifies Utah's Continuous
Emission Monitoring Systems rule R307-170; Utah's SIP submittal dated
January 27, 1995 pertaining to rule R307-1-3.1.4 and rule R307-1-3.2.3:
Utah's SIP submittal dated February 6, 1996 that recodifies Utah's
Emission Standards rule R307-1-4 that pertains to changes made in
[[Page 7681]]
subsection R307-1-4.5; Utah's SIP submittal dated September 20, 1999
that recodifies Utah's rules includes rules R307-150 and rule R307-155;
Utah's SIP submittal dated September 20, 1999 that recodifies Utah's
rules includes rules R307-302-2(4) and R307-302-3; Utah's SIP submittal
dated September 20, 1999 that pertain to the renumbering of rules R307-
401-1 through R307-401-8, R307-401-10(2) and R307-401-11; and Utah's
SIP submittal dated September 20, 1999 that pertain to the renumbering
of rules R307-413-1 through R307-413-6, R307-413-8 and R308-413-9.
Additional information regarding EPA's action on the above rules can be
found within the NPR that published on October 13, 2005 (70 FR 59681).
III. Summary of Public Comments and EPA's Response
Comment: A comment received stated that certain sections of Utah's
rule R307-110 had been previously approved by EPA and was not
accurately reflected in the NPR under category 3, number 4.
Specifically, Utah's rule section R307-110-12 was previously approved
by EPA on August 1, 2005 (70 FR 44055) and again on September 14, 2005
(70 FR 54267). Section R307-110-31 was previously approved by EPA on
October 9, 2002 (67 FR 62981). Section R307-110-34 was previously
approved by EPA on September 12, 2002 (67 FR 57744). Finally section
R307-110-35 was previously approved by EPA on September 14, 2005 (70 FR
54267).
Response: The commenter is correct. However, as stated in the NPR
(70 FR 59681), EPA does not intend to act on the Recodification of
these specific rule sections in this action. Therefore, the corrections
raised by the commenter are not relevant to this action and thus do not
affect our approval.
Comment: A comment received expressed concern that EPA intended to
retain rule R307-2-18 within the SIP because EPA had yet to act on
Utah's SIP submittal dated February 6, 1996 that would adopt rule R307-
110-29 which EPA stated in the NPR would replace R307-2-18. This is
incorrect. Rule R307-2-18 has never been related to rule R307-110-29
that pertains to the diesel inspection and maintenance (I/M) SIP and
has already been recodified with EPA's approval of R307-110-31.
Therefore, EPA should not retain the old rule number R307-2-18.
Response: The commenter is correct. Rule R307-2-18 has been
superseded and replaced by EPA's approval of Utah's rule R307-110-31
(67 FR 62891) therefore, EPA will not be retaining the old rule number
R307-2-18 in this action and R307-110-29 will be acted on when EPA acts
on Utah's February 6, 1996 SIP as stated in the NPR (70 FR 59681).
Comment: A comment received stated that rule R307-110-35 is listed
twice within category 3, number 4 of the NPR (70 FR 59681) as a rule
EPA will not be acting on because it has already been approved and is
also listed as one that will be acted on at a later date.
Response: The commenter is correct. However, as stated in the NPR
(70 FR 59681), EPA does not intend to act on this specific rule section
in this action. Therefore, the correction raised by the commenter is
not relevant to this action and thus does not affect our approval.
Comment: A comment received stated that under the NPR (70 FR 59681)
category 3, number 8, where it states that rule sections R307-150-2 and
R307-155 will be acted on at a later date when EPA takes action on an
October 9, 1998 SIP submittal is incorrect because the October 9, 1998
SIP submittal has now been superseded by a December 12, 2003 SIP
submittal.
Response: The commenter is correct. However, as stated in the NPR
(70 FR 59681), EPA does not intend to act on these specific rule
sections in this action. Therefore, the correction raised by the
commenter is not relevant to this action and thus does not affect our
approval.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this 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 approves 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 (Pub. L. 104-4).
This 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 approves 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 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 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.).
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 rule 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
[[Page 7682]]
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 17, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic
compounds, Reporting and recordkeeping requirements.
Dated: January 19, 2006.
Robert E. Roberts,
Regional Administrator, Region 8.
0
40 CFR parts 52, chapter I, title 40 are amended as follows:
PART 52--[AMENDED]
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. Section 52.2320 is amended by adding paragraph (c)(59) to read as
follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
(59) On February 5, 2001, October 26, 2000, September 20, 1999,
September 7, 1999, two State Implementation Plan (SIP) revisions
submitted February 6, 1996 and one on January 27, 1995, the State of
Utah submitted SIP revisions that recodifies Utah's rules that had
previously been approved into Utah's SIP; removed from Utah's SIP
language that is obsolete or is generally not related to attainment of
the National Ambient Air Quality Standards (NAAQS) and is therefore not
appropriate to be in Utah's SIP; and arranged rules to allow for a more
coherent SIP structure.
(i) Incorporation by Reference.
(A) Utah Administrative Code (UAC) rule sections: R307-101-1 and 2
with the exception of the definitions for ``actual emissions,'' ``major
modification,'' ``part 70 source,'' ``significant,'' and ``volatile
organic compound'' effective September 15, 1998; R307-102-1 through
R307-102-6 effective September 15, 1998 and R307-102-1(2) effective
August 3, 2000; R307-105-1 and R307-105-2 effective September 15, 1998,
R307-107-1 through R307-107-6 effective September 15, 1998; 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
effective September 15, 1998; R307-115-1 effective September 15, 1998;
R307-130-1 through R307-130-4 effective September 15, 1998; R307-165-1
through R307-165-4 effective September 15, 1998; R307-201-1 through
R307-201-3 effective September 15, 1998; R307-202-1 through R307-202-6
effective September 15, 1998; R307-203-1 through R307-203-3 effective
September 15, 1998; R307-206-1 through R307-206-5 effective September
15, 1998; R307-301-1, R307-301-2, and R307-301-4 through R307-301-14
effective November 12, 1998; R307-302-1, R307-302-2 and R307-302-4
effective September 15, 1998; R307-305-1 through R307-305-7 effective
September 15, 1998; R307-307-1 through R307-307-3 effective September
15, 1998; R307-325-1 through R307-325-4 effective September 15, 1998;
R307-326-1 through R307-326-7 effective September 15, 1998; R307-327-1
through R307-327-3 effective September 15, 1998; R307-328-1 through
R307-328-5 effective September 15, 1998; R307-335-1 through R307-335-4
effective September 15, 1998; R307-340-1 through R307-340-13 effective
September 15, 1998; R307-341-1 through R307-341-3 effective September
15, 1998; R307-342-1 through R307-342-7 effective September 15, 1998;
R307-401-9 and R307-401-10(1) effective September 15, 1998; R307-403-1
through R307-403-9 effective September 15, 1998; R307-405-1 through
R307-405-8 effective September 15, 1998; R307-406-1 through R307-406-6
effective September 15, 1998; R307-413-7 effective September 15, 1998;
and R307-414-1 through R307-414-3 effective September 15, 1998.
(ii) Additional Material.
(A) Outline for Utah's Rules Reorganization effective September 15,
1998.
(B) July 6, 2000 letter from Richard Long, EPA Region VIII to
Ursula Kramer, Director, Utah Division of Environmental Quality
requesting Utah to withdraw Utah SIP submittals dated April 30, 1998,
October 9, 1998, and April 19, 2000.
(C) October 6, 2000 letter from Richard Long, EPA Region VIII to
Rick Sprott, Acting Director, Utah Division of Air Quality (UDAQ)
notifying UDAQ of an October 6, 1995 EPA memorandum (included with the
October 6, 2000 letter) stating that Clean Air Act section 172(c)(9)
pertaining to contingency measures requirements would not apply to PM10
nonattainment areas that had attained the standard with at least 3
years of clean air quality and as long as the area continued to attain
the standard.
(D) October 16, 2000 letter from Michael Leavitt, Governor of Utah
to William Yellowtail, Regional Administrator, EPA Region VIII
requesting the withdraw of Utah's SIP submittals dated April 30, 1998,
October 9, 1998, and April 19, 2000.
(E) April 2, 2002 letter from Richard Long, EPA Region VIII to Rick
Sprott, Director, Utah Division of Air Quality informing UDAQ of our
intent to not act on Utah's SIP submittal dated October 26, 2000 and
our intent to remove existing asbestos rule language (R701-1-8) from
Utah's federally approved SIP.
(F) April 7, 2005 letter from Rick Sprott, Director, Utah Division
of Air Quality agreeing with EPA on the exclusion of Utah rules R307-1-
6, R307-121, R307-122, R307-135, R307-214, R307-215, R307-220, R307-
221, R307-320, R307-332, R307-415, R307-417, and R307-1-8 from Utah's
federally approved SIP.
0
3. Section 52.2352 is amended by redesignating the existing paragraph
as paragraph (a) and adding paragraph (b), (c) and (d) to read as
follows:
Sec. 52.2352 Change to approved plan.
* * * * *
(b) Utah Administrative Code (UAC) rule R307-1-8, Asbestos Work
Practices, Contractor Certification, AHERA Accreditation and AHERA
Implementation, is removed from Utah's approved State Implementation
Plan (SIP). This rule language pertains to the regulation of asbestos
and is generally not related to attainment of the National Ambient Air
Quality Standards (NAAQS) and therefore it is not appropriate to be in
Utah's SIP.
[[Page 7683]]
(c) Utah Administrative Code (UAC) rule R307-1-4.12, National
Emission Standards for Hazardous Air Pollutants (NESHAPs), is removed
from Utah's approved State Implementation Plan (SIP). Utah has
delegation of authority for NESHAPs in 40 CFR part 61 (49 FR 36368),
pursuant to 110(k)(6) of the Act.
(d) Utah Administrative Code (UAC) rule R307-1-6, Eligibility of
Pollution Control Expenditures for Sales Tax Exemption, is removed from
Utah's approved State Implementation Plan (SIP). This rule language
pertains to State Sales Tax Exemptions for Pollution Control
Expenditures and is not generally related to attainment of the National
Ambient Air Quality Standards (NAAQS) and is therefore not appropriate
to be in Utah's SIP.
[FR Doc. 06-1310 Filed 2-13-06; 8:45 am]
BILLING CODE 6560-50-P