[Federal Register Volume 62, Number 137 (Thursday, July 17, 1997)]
[Rules and Regulations]
[Pages 38213-38217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18715]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[UT15-1-6775, UT12-2-6728, UT16-1-6776; FRL-5856-8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Salt Lake and Davis Counties Ozone Redesignation to 
Attainment, Designation of Areas for Air Quality Planning Purposes, 
Approval of Related Elements, Approval of Partial NOX RACT 
Exemption, and Approval of Weber County I/M Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On May 23, 1997, EPA published a notice of proposed rulemaking 
(NPR) that proposed to approve the State of Utah's request to 
redesignate the Salt Lake and Davis Counties (SLDC) moderate ozone 
nonattainment area to attainment. In that NPR, EPA also proposed to 
approve the maintenance plan for the SLDC area, and the following 
related State Implementation Plan (SIP) elements: the 1990 base year 
emissions inventory, Reasonably Available Control Technology (RACT) for 
Volatile Organic Compounds (VOC), Nitrogen Oxides (NOX) RACT 
for Kennecott's Utah Power Plant and for the Pacificorp Gadsby Power 
Plant, and the Basic Inspection and Maintenance (I/M) and Improved I/M 
provisions for Salt Lake and Davis Counties. EPA also proposed to 
approve a partial NOX RACT exemption request. In this final 
rulemaking, EPA is approving the redesignation request, the maintenance 
plan, the various related SIP elements, and the partial NOX 
RACT exemption request. In the May 23, 1997, NPR, EPA also proposed to 
give limited approval to the State's generic VOC RACT and generic 
NOX RACT rules and to approve the I/M provisions for Weber 
County. In this rulemaking, EPA is giving limited

[[Page 38214]]

approval to the VOC and NOX generic RACT rules and is 
approving the I/M provisions for Weber County.

EFFECTIVE DATE: August 18, 1997.

ADDRESSES: Copies of the State's redesignation request, maintenance 
plan and other documents relevant to this action are available for 
public inspection between 8:00 a.m. and 4:00 p.m., Monday through 
Friday at the following office: United States Environmental Protection 
Agency, Region 8, Air Program, 999 18th Street, Suite 500, Denver, 
Colorado 80202-2466.
    Documents that are incorporated by reference are available for 
public inspection at the: United States Environmental Protection 
Agency, Air and Radiation Docket and Information Center, 401 M Street, 
SW, Washington, D.C. 20460 as well as the above address.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program (8P2-A), United 
States Environmental Protection Agency, Region 8, 999 18th Street, 
Suite 500, Denver, Colorado 80202-2466; Telephone number: (303) 312-
6479.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 15, 1990, the Clean Air Act Amendments of 1990 were 
enacted (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-
7671q). Under section 107(d)(1)(C) of the CAA, EPA designated the SLDC 
area as nonattainment for ozone because the area had been designated as 
nonattainment before November 15, 1990. The SLDC area was classified as 
a moderate nonattainment area (see section 181 of the CAA for further 
information regarding classifications and attainment dates for ozone 
nonattainment areas).
    Under the Clean Air Act (CAA), designations can be changed if 
sufficient data are available to warrant such changes and if certain 
other requirements are met. See CAA section 107(d)(3)(D). Section 
107(d)(3)(E) of the CAA provides that the Administrator may not 
promulgate a redesignation of a nonattainment area to attainment 
unless:
    (i) the Administrator determines that the area has attained the 
national ambient air quality standard;
    (ii) the Administrator has fully approved the applicable 
implementation plan for the area under CAA section 110(k);
    (iii) the Administrator determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable implementation plan and 
applicable Federal air pollutant control regulations and other 
permanent and enforceable reductions;
    (iv) the Administrator has fully approved a maintenance plan for 
the area as meeting the requirements of CAA section 175A; and,
    (v) the State containing such area has met all requirements 
applicable to the area under section 110 and part D of the CAA.
    EPA has reviewed the State's redesignation request, maintenance 
plan, related SIP elements, and the partial NOX RACT 
exemption request. EPA has also considered all public comments 
submitted in response to the NPR for this action (EPA only received one 
comment letter from the Utah Mining Association which was in support of 
the NPR). EPA has determined that all required SIP elements, including 
the maintenance plan, have either been approved previously or will be 
fully approved with this action, that the area has attained the ozone 
National Ambient Air Quality Standard (NAAQS), and that the improvement 
in air quality is due to permanent and enforceable reductions in 
emissions resulting from the implementation of the applicable 
implementation plan and applicable Federal air pollutant control 
regulations and other permanent and enforceable reductions. Thus, the 
five criteria in section 107(d)(3)(E) of the Clean Air Act (CAA) have 
been met and approval of the redesignation request is warranted. 
Detailed descriptions of how the section 107(d)(3)(E) requirements have 
been met are provided in the May 23, 1997, NPR for this action (62 FR 
28396) and will not be repeated here.
    In addition to the SIP elements related to the redesignation 
request, EPA also proposed action in the May 23, 1997, NPR on three 
unrelated SIP elements. First, EPA proposed to give limited approval to 
the State's generic VOC and NOX RACT rules. In the NPR, EPA 
noted deficiencies in these rules that prevent full approval, and thus, 
EPA is only giving limited approval to these rules for their 
strengthening effect, not as meeting the CAA's requirements for VOC and 
NOX RACT. Second, EPA proposed to approve I/M provisions for 
Weber County and is now fully approving these I/M provisions. A 
detailed description of EPA's rationale for these actions is contained 
in the May 23, 1997, NPR for this action (62 FR 28396).

II. Final Action

    A. In this action, EPA is approving the following:
    1. The SLDC redesignation request--EPA is approving the Governor's 
November 12, 1993, request to redesignate the SLDC ozone nonattainment 
area to attainment.
    2. The SLDC maintenance plan--EPA is approving the maintenance plan 
that the Governor submitted on February 19, 1997 (``maintenance 
plan''). EPA notes that a key aspect of the maintenance plan is its 
implications with respect to the conformity regulations. These 
regulations require a demonstration that emissions from the 
transportation plan and Transportation Improvement Program are 
consistent with the emissions budget in the SIP (40 CFR 93.118 and 
93.119). The emissions budget is defined as the level of mobile source 
emissions relied upon in the attainment or maintenance demonstration to 
maintain compliance with the NAAQS in the nonattainment area. The 
rule's requirements and EPA's policy on emissions budgets are found in 
the Preamble to the transportation conformity rule (58 FR 62193-62196) 
and in the sections of the rule referenced above.
    The maintenance plan defines emissions budgets for each year 
between 1994 and 2007, and for 2015 and 2020. The 1994-2007 emissions 
budgets are based on the maintenance plan's emission inventory 
projections, while the 2015 and 2020 budgets are based on EKMA 
modeling. The maintenance plan lists budgets for Salt Lake County and 
Davis County separately, and for the entire nonattainment area (both 
Counties combined). The plan provides that the metropolitan planning 
organization (Wasatch Front Regional Council) may demonstrate 
conformity with the budgets for each County individually or for the 
entire nonattainment area at its option. The plan also identifies a 
safety margin (called the ``emissions credit'') for each year, which is 
the difference between total emissions from all sources in the 
attainment year and in each future year. The plan provides that this 
safety margin may be used for conformity purposes if authorized by the 
Utah Air Quality Board.
    3. The 1990 SLDC ozone base year emissions inventory--EPA is 
approving the 1990 SLDC ozone base year emissions inventory that the 
Governor submitted on January 13, 1995, (with corrections submitted on 
April 20, 1995, by Russell Roberts, Director, Utah Division of Air 
Quality).
    4. VOC RACT--EPA is approving the State's VOC RACT requirements as 
presented in specific sections of the maintenance plan (described 
below) and

[[Page 38215]]

as reflected in the following State Approval Orders (AO):
    (a) Hill Air Force Base (HAFB) AO DAQE-163-96 dated February 9, 
1996, HAFB AO DAQE-1134-95 dated December 7, 1995, HAFB AO DAQE-860-95 
dated September 20, 1995, HAFB AO DAQE-775-95 dated August 30, 1995, 
HAFB AO DAQE-403-95 dated May 8, 1995, HAFB AO DAQE-067-95 dated 
January 31, 1995, HAFB AO DAQE-068-95 dated January 30, 1995, HAFB AO 
DAQE-915-94 dated October 18, 1994, HAFB AO DAQE-824-94 dated September 
29, 1994, HAFB AO DAQE-0752-93 dated August 27, 1993, HAFB AO DAQE-
0719-93 dated August 20, 1993, HAFB AO DAQE-0103-93 dated February 11, 
1993, HAFB AO DAQE-1171-92 dated January 4, 1993, HAFB AO DAQE-416-92 
dated April 28, 1992, HAFB AO DAQE-167-92 dated February 19, 1992, HAFB 
AO DAQE-894-91 dated November 25, 1991, HAFB AO BAQE-039-91 dated 
February 7, 1991, HAFB AO BAQE-669-88 dated December 20, 1988, HAFB AO 
BAQE-525-88 dated October 13, 1988, HAFB AO BAQE-353-88 dated July 21, 
1988, HAFB AO BAQE-026-88 dated January 20, 1988, HAFB AO for 
Industrial Wastewater Treatment Facility dated February 20, 1986, HAFB 
AO for Hydrazine Exhaust Incinerator dated February 5, 1985, HAFB AO 
for Paint Booth, HVAC Modification, Standby Generators, and Fuel 
Storage dated July 18, 1983, HAFB AO for Remodeling Base Exchange BX 
Service Station dated July 12, 1979, HAFB AO for Construction dated 
June 27, 1978, and the Olympia Sales Company AO DAQE-300-95 dated April 
13, 1995.
    (b) VOC RACT, as described in the maintenance plan, was addressed 
for the Amoco, Chevron, Crysen, Flying J, and Phillips refineries 
through the Governor's submittals of VOC RACT rules on May 4, 1990 and 
July 25, 1991, as approved by EPA on June 26, 1992 (57 FR 28621).
    5. NOX RACT--EPA is approving the State's NOX 
RACT requirements as reflected in the following State Approval Orders 
(AO):
    (a) Pacificorp Gadsby Power Plant--AO: DAQE-0063-94, dated February 
3, 1994.
    (b) Kennecott Utah Copper Utah Power Plant--AO: DAQE-433-94, dated 
May 27, 1994.
    6. Basic Inspection and Maintenance (I/M) for Salt Lake and Davis 
Counties--EPA is approving the Basic I/M provisions for Salt Lake and 
Davis Counties that the Governor submitted on February 19, 1997.
    7. Improved I/M for Salt Lake and Davis Counties--EPA is approving 
the Improved I/M provisions for Salt Lake and Davis Counties that the 
Governor submitted on February 19, 1997.
    8. Partial NOX RACT Exemption Request--EPA is approving 
the Partial NOX RACT Exemption Request for the SLDC area as 
was submitted by Ursula Trueman, Director, Utah Division of Air Quality 
on May 2, 1997. It is important to note that EPA is only approving an 
exemption from the NOX RACT requirements for those major 
stationary sources of NOX in the SLDC nonattainment area 
other than the Pacificorp Gadsby Power Plant and the Kennecott Utah 
Copper Utah Power Plant. EPA is not approving an exemption from the 
NOX NSR requirements, NOX conformity 
requirements, or the motor vehicle I/M requirements related to 
NOX. Furthermore, EPA notes that NOX limits for 
some or all of the major stationary sources of NOX other 
than the Pacificorp Gadsby and Kennecott Utah Copper Utah Power Plants 
are necessary for the SLDC nonattainment area to demonstrate 
maintenance of the ozone NAAQS through 2007 (2020 for conformity 
purposes).
    9. Revisions to UACR R307-1-3.3.3.C, a portion of ``Control of 
Installations'' and revisions to UACR R307-3.5.3.B(1), a portion of 
``Emission Statement Inventory,'' both as submitted by the Governor on 
February 19, 1997.
    B. Unrelated to the SLDC ozone redesignation request, EPA is also 
taking the following actions:
    1. EPA is approving the Weber County Basic I/M provisions as 
submitted by the Governor on February 19, 1997.
    2. EPA is granting limited approval of revisions to UACR R307-14-1 
``Requirements for Ozone Nonattainment Areas and Davis and Salt Lake 
Counties'' as submitted by the Governor on February 6, 1996. UACR R307-
14-1 requires RACT for existing major sources of VOC and NOX 
for which no specific emission limits or other control requirements 
have been established in R307-14. This generic RACT rule strengthens 
the SIP, but does not meet all the CAA requirements for RACT. Thus, EPA 
is approving this rule for its strengthening effect only. For a full 
discussion of the reasons EPA is unable to fully approve the revisions 
to UACR R307-14-1, please refer to the May 23, 1997, NPR for this 
action (62 FR 28396, 28399-28400, 28404).
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any State Implementation Plan. Each request for revision to 
any State Implementation Plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

III. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    Redesignation of an area to attainment under sections 107(d)(3)(D) 
and (E) of the CAA does not impose any new requirements on small 
entities. Redesignation to attainment is an action that affects the 
status of a geographical area and does not impose any regulatory 
requirements on sources. Therefore, I certify that the approval of the 
redesignation request will not affect a substantial number of small 
entities.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, I certify 
that it does not have a significant impact on any small entities 
affected. Moreover, due to the nature of the Federal-State relationship 
under the CAA, preparation of a flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).
    Approvals of NOX exemption requests under section 182(f) 
of the CAA do not create any new requirements. Therefore, I certify 
that approval of the State's partial NOX RACT exemption 
request will not have a significant impact on any small entities 
affected.

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995

[[Page 38216]]

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate, or to 
the private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the proposed action does not include a 
Federal mandate that may result in estimated costs of $100 million or 
more to either State, local, or tribal governments in the aggregate or 
to the private sector. This Federal action will approve a redesignation 
to attainment, pre-existing requirements under State or local law, and 
an exemption from requirements otherwise imposed under the CAA; this 
action will impose no new requirements. Accordingly, no additional 
costs to State, local, or tribal governments, or to the private sector, 
will result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to the publication of the rule in 
today's Federal Register. This rule is not a ``major rule'' as defined 
by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

    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 September 15, 1997. 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

    40 CFR Part 52
    Environmental protection, Air pollution control, Carbon Monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, 
Volatile organic compounds.
    40 CFR Part 81
    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: July 2, 1997.
Jack W. McGraw,
Acting Regional Administrator.

    Title 40, chapter I, parts 52 and 81 of the Code of Federal 
Regulations are amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart TT--UTAH

    2. Section 52.2320 is amended by adding paragraph (c)(38) to read 
as follows:


Sec. 52.2320  Identification of plan.

* * * * *
    (c) * * *
    (38) Revisions to the Utah State Implementation Plan, Section IX, 
Control Measures for Area and Point Sources, Part D, Ozone; Section X, 
Vehicle Inspection and Maintenance Program, Part A, General 
Requirements and Applicability; Section X, Vehicle Inspection and 
Maintenance Program, Part B, Davis County; Section X, Vehicle 
Inspection and Maintenance Program, Part C, Salt Lake County; Section 
X, Vehicle Inspection and Maintenance Program, Part E, Weber County; 
UACR R307-1-3.3.3.C., a portion of Control of Installations; UACR R307-
1-3.5.3.B.(1), a portion of Emission Statement Inventory; all as 
submitted by the Governor on February 19, 1997. EPA approved the above 
provisions. In addition, EPA approved, for the limited purpose of 
strengthening the SIP, revisions to UACR R307-14, Requirements for 
Ozone Nonattainment Areas and Davis and Salt Lake Counties, as 
submitted by the Governor on February 6, 1996.
    (i) Incorporation by reference.
    (A) UACR R307-2-13 adopted by the Utah Air Quality Board on January 
8, 1997, effective March 4, 1997, including Section IX, Part D.2 of the 
Utah State Implementation Plan (SIP) that such rule incorporates by 
reference (Ozone Maintenance Provisions for Salt Lake and Davis 
Counties, adopted by the Utah Air Quality Board on January 8, 1997), 
and excluding any other provisions that such rule incorporates by 
reference.
    (B) The following State Approval Orders (AO): Pacificorp Gadsby 
Power Plant AO DAQE-0063-94 dated February 3, 1994, Kennecott Utah 
Copper Utah Power Plant AO DAQE-433-94 dated May 27, 1994, Hill Air 
Force Base (HAFB) AO DAQE-163-96 dated February 9, 1996, HAFB AO DAQE-
1134-95 dated December 7, 1995, HAFB AO DAQE-860-95 dated September 20, 
1995, HAFB AO DAQE-775-95 dated August 30, 1995, HAFB AO DAQE-403-95 
dated May 8, 1995, HAFB AO DAQE-067-95 dated January 31, 1995, HAFB AO 
DAQE-068-95 dated January 30, 1995, HAFB AO DAQE-915-94 dated October 
18, 1994, HAFB AO DAQE-824-94 dated September 29, 1994, HAFB AO DAQE-
0752-93 dated August 27, 1993, HAFB AO DAQE-0719-93 dated August 20, 
1993, HAFB AO DAQE-0103-93 dated February 11, 1993, HAFB AO DAQE-1171-
92 dated January 4, 1993, HAFB AO DAQE-416-92 dated April 28, 1992, 
HAFB AO DAQE-167-92 dated February 19, 1992, HAFB AO DAQE-894-91 dated 
November 25, 1991, HAFB AO BAQE-039-91 dated February 7, 1991, HAFB AO 
BAQE-669-88 dated December 20, 1988, HAFB AO BAQE-525-88 dated October 
13, 1988, HAFB AO BAQE-353-88 dated July 21, 1988, HAFB AO BAQE-026-88 
dated January 20, 1988, HAFB AO for Industrial Wastewater Treatment 
Facility dated February 20, 1986, HAFB AO for Hydrazine Exhaust 
Incinerator dated February 5, 1985, HAFB AO for Paint Booth, HVAC 
Modification, Standby Generators, and Fuel Storage dated July 18, 1983, 
HAFB AO for Remodeling Base Exchange BX Service Station dated July 12, 
1979, HAFB AO for Construction dated June 27, 1978, and the Olympia 
Sales Company AO DAQE-300-95 dated April 13, 1995.
    (C) UACR R307-2-18, adopted by the Utah Air Quality Board on 
February 5, 1997, effective February 14, 1997. This rule incorporates 
by reference Section X, Part A of the Utah State Implementation Plan, 
Vehicle Inspection and Maintenance Program, General Requirements and 
Applicability.
    (D) UACR R307-2-31, adopted by the Utah Air Quality Board on 
February 5, 1997, effective February 14, 1997. This rule incorporates 
by reference Section X, Part B of the Utah State Implementation Plan, 
Vehicle Inspection and Maintenance Program, Davis County.

[[Page 38217]]

    (E) UACR R307-2-32, adopted by the Utah Air Quality Board on 
February 5, 1997, effective February 14, 1997. This rule incorporates 
by reference Section X, Part C of the Utah State Implementation Plan, 
Vehicle Inspection and Maintenance Program, Salt Lake County.
    (F) UACR R307-2-34, adopted by the Utah Air Quality Board on 
February 5, 1997, effective February 14, 1997. This rule incorporates 
by reference Section X, Part E of the Utah State Implementation Plan, 
Vehicle Inspection and Maintenance Program, Weber County.
    (G) UACR R307-1-3.3.3.C., a portion of Control of Installations, as 
adopted by the Utah Air Quality Board on January 8, 1997, effective 
January 15, 1997.
    (H) UACR R307-1-3.5.3.B.(1), a portion of Emission Statement 
Inventory regulation, as adopted by the Utah Air Quality Board on 
January 8, 1997, effective January 15, 1997.
    (I) UACR R307-14-1, Requirements for Ozone Nonattainment Areas and 
Davis and Salt Lake Counties, adopted by the Utah Air Quality Board on 
August 9, 1995, effective on August 15, 1995.
    3. New Sec. 52.2350 is added to read as follows:


Sec. 52.2350  Emission inventories.

    The Governor of the State of Utah submitted the 1990 base year 
emission inventory of ozone precursors, which are volatile organic 
compounds, nitrogen oxides, and carbon monoxide, for the Salt Lake and 
Davis Counties ozone nonattainment area on January 13, 1995, as a 
revision to the State Implementation Plan (SIP). This inventory 
addresses emissions from point, area, non-road, on-road mobile, and 
biogenic sources. This Governor's submittal was followed by the 
submittal of corrections to the inventory, on April 20, 1995, from 
Russell Roberts, Director, Division of Air Quality, Utah Department of 
Environmental Quality. The ozone maintenance plan for Salt Lake and 
Davis Counties that the Governor submitted on February 19, 1997, 
incorporates by reference the corrected 1990 base year ozone emission 
inventory as background material. The 1990 ozone base year emission 
inventory requirement of section 182(a)(1) of the Clean Air Act, as 
amended in 1990, has been satisfied for the Salt Lake and Davis 
Counties area.
    4. New Sec. 52.2351 is added to read as follows:


Sec. 52.2351  Area-wide nitrogen oxides (NOX) exemption.

    On May 2, 1997, Ursula Trueman, Director, Division of Air Quality, 
Utah Department of Environmental Quality, submitted, on behalf of the 
State of Utah and pursuant to section 182(f)(2)(A) of the Clean Air Act 
as amended in 1990, a section 182(f)(2) NOX Reasonably 
Available Control Technology (RACT) exemption request for major 
stationary sources of NOX in the Salt Lake and Davis 
Counties ozone nonattainment area other than the Pacificorp Gadsby and 
Kennecott Utah Copper Utah Power Plants. The exemption request was 
based on ambient air quality monitoring data which demonstrated that 
the ozone National Ambient Air Quality Standard (NAAQS) had been 
attained in the Salt Lake and Davis Counties ozone nonattainment area 
for the years 1990 through 1996. EPA approved this NOX RACT 
exemption request on July 2, 1997.

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    2. In Sec. 81.345, the table entitled ``Utah-Ozone'' is amended by 
revising the entry for ``Salt Lake City Area'' to read as follows:


Sec. 81.345  Utah.

* * * * *

                                                   Utah-Ozone                                                   
----------------------------------------------------------------------------------------------------------------
                                                         Designation                         Classification     
           Designated area           ---------------------------------------------------------------------------
                                              Date \1\                   Type             Date \1\       Type   
----------------------------------------------------------------------------------------------------------------
Salt Lake City Area:                                                                                            
    Davis County....................  August 18, 1997........  Attainment.............                          
    Salt Lake County................  August 18, 1997........  Attainment.............                          
                                                                                                                
                         *         *         *         *         *         *         *                          
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.                                                     

* * * * *
[FR Doc. 97-18715 Filed 7-16-97; 8:45 am]
BILLING CODE 6560-50-P