[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Rules and Regulations]
[Pages 55284-55287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7954]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2006-0210; FRL-8220-5]
Approval and Promulgation of State Implementation Plans; Utah;
Revised Definitions of Volatile Organic Compounds and Clearing Index;
Direct Final Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action approving State
Implementation Plan (SIP) revisions submitted by the State of Utah on
November 11 and November 23, 2005. The revisions are to the Utah
Administrative Code (UAC) rule R307-101-2 and (1) incorporate by
reference the federal definition of ``Volatile Organic Compounds''
(VOC), and (2) update the definition of ``Clearing Index''. The
intended effect of this action is to make federally enforceable these
revised definitions to the Utah SIP. This action is being taken under
section 110 of the Clean Air Act.
DATES: This rule is effective on November 21, 2006 without further
notice, unless EPA receives adverse comment by October 23, 2006. If
adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2006-0210, by one of the following methods:
http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: [email protected] and
[email protected].
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Richard R. Long, Director, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.
Hand Delivery: Richard R. Long, Director, Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8,
Mailcode 8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding Federal holidays. Special arrangements should
be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2006-0210. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA, without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting
comments, go to Section I. General Information of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: All documents in the docket are listed in the http://www.regulations.gov 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 either electronically
in http://www.regulations.gov 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
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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: Domenico Mastrangelo, Air and
Radiation Program, Mailcode 8P-AR, Environmental Protection Agency
(EPA), Region 8, 999 18th Street, Suite 200, Denver, Colorado 80202-
2466, (303) 312-6436, [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. What is the Purpose of This Action?
III. What is the State Process to Submit These Materials to EPA?
IV. EPA's Review of the State of Utah's November 11 and November 25,
2005 Submittals
V. Final Action
VI. Statutory and Executive Order Reviews
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 or Utah mean the State of Utah, unless the
context indicates otherwise.
I. General Information
A. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
http://regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
h. Make sure to submit your comments by the comment period deadline
identified.
II. What is the Purpose of This Action?
EPA is approving revisions to the definitions of Volatile Organic
Compounds (VOC) and Clearing Index in Utah's rule R307-101-2. On
November 11, 2005, the State of Utah submitted revisions to the
definition of VOC. The revised VOC definition incorporates by reference
40 CFR 51.100(s). On November 23, 2005, the State of Utah submitted a
revised definition of the Clearing Index. The revised definition of the
Clearing Index reflects a more specific and expanded clearing index
forecast generated by the National Weather Service (NWS).
III. What is the State Process to Submit These Materials to EPA?
Section 110(k) of the CAA addresses our actions on submissions of
revisions to a SIP. The CAA requires States to observe certain
procedural requirements in developing SIP revisions for submittal to
us. 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 us.
The Utah Air Quality Board (UAQB) held a public hearing for the
revised definition of VOC on May 24, 2005. The definition was adopted
by the UAQB on July 6, 2005 and became State effective on July 7, 2005.
The UAQB held a public hearing for the revised definition of Clearing
Index on July 19, 2005. The definition was adopted by the UAQB on
September 7, 2005 and became State effective on September 8, 2005. The
Governor submitted these SIP revisions to us on November 11 and
November 23, 2005 respectively.
We have evaluated the Governor's submittal of these SIP revisions
and have determined that the State met the requirements for reasonable
notice and public hearing under section 110(a)(2) of the CAA. As
required by section 110(k)(1)(B) of the CAA, we reviewed these SIP
materials for conformance with the completeness criteria in 40 CFR 51,
Appendix V and determined that the submittals were administratively and
technically complete.
IV. EPA's Review of the State of Utah's November 11 and November 25,
2005 Submittals
1. Changes to the Definition of Volatile Organic Compounds
Utah's revision to the definition of VOC in Rule R307-101-2
incorporates by reference federal regulation 40 CFR 51.100(s)(1) as
updated by EPA on November 29, 2004 (69 FR 69290). This revision to the
Utah SIP is, therefore, approvable.
2. Changes to the Definition of the Clearing Index
Utah's revised definition of the Clearing Index in Rule R307-101-2
reflects technological advances implemented by the National Weather
Service (NWS). The value of the clearing index forecast provided by NWS
is used to foresee the degree to which an area's air quality would be
degraded by open burning operations or by industrial processes. In the
1970s the NWS began forecasting a daily clearing index for three air
basins in the State of Utah. New technology, implemented in recent
years, has allowed the NWS to upgrade its clearing index forecast to a
three-day forecast for any point in the State instead of the previous
three air basins. The NWS clearing index forecast is accessible online
at no cost, through an interface on the NWS Web site. Based on the
above, we have concluded the revised definition of the Clearing Index
is approvable.
V. Final Action
EPA is approving, through direct final rulemaking, revisions to the
definitions of VOC and of the Clearing Index in Utah's rule R307-101-2.
Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a
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NAAQS or any other applicable requirement of the CAA. The revised
definitions of VOCs and of the Clearing Index will not interfere with
attainment, reasonable further progress, or any other applicable
requirement of the CAA.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the ``Proposed Rules'' section of today's
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective November 21, 2006
without further notice unless the Agency receives adverse comments by
October 23, 2006. If the EPA receives adverse comments, EPA will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. EPA will address all public
comments in a subsequent final rule based on the proposed rule. The EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
VI. Statutory and Executive Order Review
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 (Public Law 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 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 November 21, 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, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: September 1, 2006.
Kerrigan G. Clough,
Acting Regional Administrator, Region VIII.
0
40 CFR part 52 is amended to read 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 paragraphs (c)(63) to read as
follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
(63) Revisions to the definition of ``Volatile Organic Compounds,''
in UAC rule R307-101-2, as submitted by the Governor on November 11,
2005. Revisions to the definition of ``Clearing Index,'' in UAC rule
R307-101-2, as submitted by the Governor on November 23, 2005.
(i) Incorporation by reference.
(A) Utah Administrative Code rule R307-101-2, as adopted by the
Utah Air Quality Board on July 6, 2005, effective on July 7, 2005. This
incorporation by reference extends only to the definition of Volatile
Organic Compounds and excludes any other provisions that R307-101-02
incorporates by reference.
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(B) Utah Administrative Code rule R307-101-2, as adopted by the
Utah Air Quality Board on September 7, 2005, effective on September 8,
2005. This incorporation by reference extends only to the definition of
the Clearing Index and excludes any other provisions that R307-101-2
incorporates by reference.
[FR Doc. 06-7954 Filed 9-21-06; 8:45 am]
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