[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Rules and Regulations]
[Pages 10989-10993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03022]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R08-OAR-2019-0276; FRL-10004-94-Region 8]
Approval and Promulgation of Implementation Plans; State of Utah;
Salt Lake County, Utah County, and Ogden City PM10 Redesignation to
Attainment, Designation of Areas for Air Quality Planning Purposes and
State Implementation Plan Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
State Implementation Plan (SIP) revisions submitted by the State of
Utah on January 4, 2016, which include revisions to Utah's Division of
Administrative Rule (DAR) R307-110-10 and maintenance plans for the
Salt Lake County, Utah County, and Ogden City nonattainment areas
(NAAs) for particulate matter with an aerodynamic diameter less than or
equal to a nominal 10 microns (PM10), and on March 6, 2019,
which include PM10 redesignation requests and supplemental
information
[[Page 10990]]
for Salt Lake County, Utah County and Ogden City. These submittals
demonstrated that the Salt Lake County, Utah County and Ogden City
areas have attained the PM10 National Ambient Air Quality
Standards (NAAQS), request redesignation to attainment, and include
maintenance plans for the areas demonstrating attainment for fifteen
years. Also, the EPA is approving Utah's February 27, 2017 submittal,
which includes rule revisions to address our October 19, 2016
conditional approval of Utah's DAR R307-302 revisions that were
submitted May 9, 2013, May 20, 2014 and September 8, 2015.
Additionally, the EPA is approving SIP revisions submitted by the State
of Utah on February 15, 2019, with additional non-substantive changes
submitted on July 1, 2019, August 20, 2019, and October 15, 2019, which
includes revisions that are located in DAR R307-110-17 and SIP
Subsections IX.H.1-2. We are also approving the transportation
conformity motor vehicle emissions budgets (MVEB), for each of the
three maintenance areas, as described in our proposed rule. The EPA is
taking this action pursuant to the Clean Air Act (CAA or the Act).
DATES: This rule is effective on March 27, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0276. All documents in the docket are
listed on the http://www.regulations.gov website. 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, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129, (303) 312-6602, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
On November 21, 2019 (84 FR 64245), the EPA proposed to approve the
Governor of Utah's January 4, 2016 submission, that contains revisions
to R307-110-10 (Control Measures for Area and Point Sources, Part A,
Fine Particulate Matter) and the PM10 maintenance plans for
Salt Lake County, Utah County and Ogden City PM10 NAAs. We
also proposed to approve the Governor of Utah's March 6, 2019
submittal, that contains the redesignation requests for the Salt Lake
County, Utah County and Ogden City PM10 NAAs to attainment
for the 1987 p.m.10 standards and provided supplemental
information. We used the 2016-2018 ambient air quality data from Salt
Lake County, Utah County and Ogden City NAAs as the basis for our
decision. In addition, we proposed approval of the emissions
inventories found within the maintenance plans to cover the one element
of the Moderate PM10 nonattainment SIP that was not
suspended with the EPA's January 7, 2013 clean data determination (CDD)
for the Ogden City NAA.
We also proposed approval of R307-110-17 (Control Measures for Area
and Point Sources, Part H, Emission Limits and Operating Practices) and
revisions for Section IX.H.1 and 2 that were submitted on February 15,
2019, and with non-substantive changes submitted on July 1, 2019,
August 20, 2019 and October 15, 2019. Additionally, we proposed
approval of the revisions in R307-302 (Solid Fuel Burning Devices) for
incorporation into the Utah SIP as submitted by the State of Utah on
May 9, 2013, May 20, 2014, September 8, 2015 and February 27, 2017.
II. Response to Comments
The EPA received five comments on the proposed action and the
comments can be found in the docket: EPA-R08-OAR-2019-0276. The Center
for Biological Diversity (CBD) and Western Resource Advocates (WRA)
submitted a request to extend the comment period to January 22, 2020.
The EPA carefully reviewed this request and maintained the original
December 23, 2019 deadline for submitting comments. The CBD and WRA did
not submit any additional comments by the December 23, 2019 deadline.
The other four comments included two anonymous comments in
agreement with the EPA's proposed rule. Another comment was from the
Utah Petroleum Association in agreement with the EPA's proposed rule.
Finally, the last comment was anonymous but only contained a partial
docket number and other random information. The EPA reviewed this
comment and has determined that it falls outside the scope of our
proposed action and fails to identify any material issue necessitating
a response.
III. Final Action
No comments were submitted that changed our assessment of our
proposed action. For the reasons stated in our proposed rule, we are
finalizing approval of the Governor of Utah's submittal of January 4,
2016, that contains revisions to R307-110-10 and the PM10
maintenance plans for Salt Lake County, Utah County and Ogden City
PM10 NAAs. We are finalizing approval of the Governor of
Utah's submittal of March 6, 2019, that contains the redesignation
requests for the Salt Lake County, Utah County and Ogden City
PM10 NAAs to attainment for the 1987 p.m.10
standards and provided supplemental information. We used the 2016-2018
ambient air quality data from Salt Lake County, Utah County and Ogden
City NAAs as the basis for our decision. In addition, we are finalizing
approval of the emissions inventories found within the maintenance
plans to cover the one element of the Moderate PM10
nonattainment SIP that was not suspended with the CDD for the Ogden
City NAA.
We are finalizing this redesignation request, the maintenance
plans, and R307-110-10 revisions because the Utah Division of Air
Quality (UDAQ) has adequately addressed all of the requirements of the
Act for redesignation to attainment applicable to the Salt Lake County,
Utah County and Ogden City PM10 NAAs. Upon the effective
date of this final rule, the Salt Lake County, Utah County and Ogden
City areas designation status under 40 CFR part 81 will be revised to
attainment.
We are also finalizing approval of R307-110-17 and revisions for
Section IX.H.1 and 2 that were submitted on February 15, 2019, and with
non-substantive changes submitted on July 1, 2019, August 20, 2019 and
on October 15, 2019. Additionally, we are finalizing approval of the
revisions in R307-302 for incorporation into the Utah SIP as submitted
by the State of Utah on May 9, 2013, May 20, 2014, September 8, 2015
and February 27, 2017. This final rule will complete the EPA's October
19, 2016 (81 FR 71988) conditional approval action on the May 9, 2013,
May 20, 2014 and September 8, 2015 submittals for R307-302 from UDAQ.
We are also approving the transportation conformity MVEBs, for each of
the three maintenance areas, as described in our proposed rule.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes
[[Page 10991]]
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of R307-110-
10; R307-110-17; R307-302; Section IX.H.1 and 2; maintenance plans for
Salt Lake County, Utah County and Ogden City PM10 NAAs; and
the Governor of Utah's redesignation requests for Salt Lake County,
Utah County and Ogden City PM10 NAAs to attainment. 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 SIP,
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.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. 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 Clean Air Act.
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 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 27, 2020. 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
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.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: February 10, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
40 CFR parts 52 and 81 are 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:
0
a. In the table in paragraph (c):
0
i. Revise the entries ``R307-110-10'' and ``R307-110-17''.
0
ii. Revise the center heading for ``R307-302'' and entries ``R307-302-
01'', ``R307-302-02'', ``R307-302-03'', ``R307-302-04'', ``R307-302-
05'', and ``R307-302-06''.
0
b. In the table in paragraph (e):
0
i. Revise the entries ``Section IX.H.1. General Requirements: Control
Measures for Area and Point Sources, Emission Limits and Operating
Practices, PM10 Requirements'' and ``Section IX.H.2. Source
Specific Emission Limitations in Salt Lake County PM10
Nonattainment/Maintenance Area''.
0
ii. Remove the entries for ``Salt Lake County Particulate Matter
(PM-10) Attainment Plan Summary'' and ``Utah County
Particulate Matter (PM-10) Attainment Plan Summary'' and add
in their places the entries ``Salt Lake County Particulate Matter
(PM10) Attainment Plan Summary'' and ``Utah County
Particulate Matter (PM10) Attainment Plan Summary'',
respectively.
[[Page 10992]]
0
iii. Add the entry ``Ogden City Particulate Matter (PM10)
Attainment Plan Summary'' at the end of the table.
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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* * * * * * *
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R307-110. General Requirements: State Implementation Plan
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* * * * * * *
R307-110-10................ Section IX. Control 12/3/2015 [insert Federal
Measures for Area Register citation],
and Point Sources, 2/26/2020.
Part A, Fine
Particulate Matter.
* * * * * * *
R307-110-17................ Section IX, Control 1/3/2019 [insert Federal Except for Section
Measures for Area Register citation], IX.H.21.e. which is
and Point Sources, 2/26/2020. conditionally
Part H, Emission approved through one
Limits. year 7/5/16,
IX.H.21.g., Sections
of IX.H.21 that
reference and apply
to the source
specific emission
limitations
disapproved in
Section IX.H.22, and
Sections
IX.H.22.a.ii-iii,
IX.H.22.b.ii, and
IX.H.22.c.
* * * * * * *
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R307-302. Solid Fuel Burning Devices
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R307-302-1................. Purpose and 2/1/2017 [insert Federal
Definitions. Register citation],
2/26/2020.
R307-302-2................. Applicability........ 2/1/2017 [insert Federal
Register citation],
2/26/2020.
R307-302-3................. No-Burn Periods for 2/1/2017 [insert Federal
Particulates. Register citation],
2/26/2020.
R307-302-4................. No-Burn Periods for 2/1/2017 [insert Federal
Carbon Monoxide. Register citation],
2/26/2020.
R307-302-5................. Opacity and 2/1/2017 [insert Federal
Prohibited Fuels for Register citation],
Heating Appliances. 2/26/2020.
R307-302-6................. Prohibition.......... 2/1/2017 [insert Federal
Register citation],
2/26/2020.
* * * * * * *
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* * * * *
(e) * * *
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State
Rule title effective date Final rule citation, date Comments
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* * * * * * *
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IX. Control Measures for Area and Point Sources
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* * * * * * *
Section IX.H.1. General 1/3/2019 [insert Federal Register
Requirements: Control Measures for citation], 2/26/2020.
Area and Point Sources, Emission
Limits and Operating Practices,
PM10 Requirements.
Section IX.H.2. Source Specific 1/3/2019 [insert Federal Register
Emission Limitations in Salt Lake citation], 2/26/2020.
County PM10 Nonattainment/
Maintenance Area.
* * * * * * *
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Maintenance Plans
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[[Page 10993]]
* * * * * * *
Salt Lake County Particulate Matter 12/3/2015 [insert Federal Register
(PM10) Attainment Plan Summary. citation], 2/26/2020.
Utah County Particulate Matter 12/3/2015 [insert Federal Register
(PM10) Attainment Plan Summary. citation], 2/26/2020.
Ogden City Particulate Matter (PM10) 12/3/2015 [insert Federal Register
Attainment Plan Summary. citation], 2/26/2020.
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C--Section 107 Attainment Status Designations
0
4. In Sec. 81.345, the table titled ``UTAH--PM-10'' is amended by
revising the entries ``Salt Lake County'', ``Utah County'', and ``Ogden
Area Weber County (part) City of Ogden'' to read as follows:
Sec. 81.345 Utah.
* * * * *
UTAH--PM-10
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Designation Classification
Designated area --------------------------------------------------------------------------------
Date Type Date Type
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Salt Lake County............... 3/27/2020 Attainment.............
Utah County.................... 3/27/2020 Attainment.............
Ogden Area Weber County (part) 3/27/2020 Attainment.............
City of Ogden.
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[FR Doc. 2020-03022 Filed 2-25-20; 8:45 am]
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