[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Proposed Rules]
[Pages 69173-69179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28359]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R08-OAR-2015-0342; FRL-9936-74-Region 8]


Approval and Promulgation of Implementation Plans; Designation of 
Areas for Air Quality Planning Purposes; Utah; Reclassification as 
Serious Nonattainment for the 2006 Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
reclassify to Serious the Salt Lake City, Provo, and the Logan portion 
of the Logan, UT/ID nonattainment areas in Utah for the 2006 24-hour 
fine particulate matter (PM2.5) National Ambient Air Quality 
Standard (NAAQS). Our proposal is based on EPA's determination that the 
areas cannot practicably attain this standard by the applicable 
Moderate area attainment date of December 31, 2015. Upon final 
reclassification as a Serious area, Utah will be required to submit a 
Serious area plan for each nonattainment area, including demonstrations 
that the individual plans for each area provides for attainment of the 
2006 PM2.5 NAAQS by the applicable Serious area attainment 
date.

DATES: Written comments must be received on or before December 9, 2015.

ADDRESSES: Submit your comments, identified by EPA-R08-OAR-2015-0342, 
by one of the following methods:
     http://www.regulations.gov. Follow the online instructions 
for submitting comments.
     Email: [email protected].
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, EPA, Region 8, Mailcode 8P-
AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
     Hand Delivery: Director, Air Program, EPA, Region 8, 
Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. Such 
deliveries are only accepted Monday through Friday, 8:00 a.m. to 4:30 
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-
2015-0342. 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 email. 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 email comment directly to EPA, without 
going through http://www.regulations.gov, your email 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

[[Page 69174]]

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 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 EPA Region 8, 
Office of Partnerships and Regulatory Assistance, Air Program, 1595 
Wynkoop Street, Denver, Colorado, 80202-1129. EPA requests that 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. An electronic copy of the State's SIP compilation is 
also available at http://www.epa.gov/region8/air/sip.html.

FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air Program, EPA, 
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129, (303) 312-6602, [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

    a. Submitting CBI. Do not submit CBI to EPA through http://www.regulations.gov or email. 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.
    b. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. 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.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

    On October 17, 2006, EPA revised the 24-hour NAAQS for 
PM2.5 to provide increased protection of public health by 
lowering its level from 65 micrograms per cubic meter ([micro]g/m\3\) 
to 35 [micro]g/m\3\ (40 CFR 50.13).\1\ Epidemiological studies have 
shown statistically significant correlations between elevated 
PM2.5 levels and premature mortality. Other important health 
effects associated with PM2.5 exposure include aggravation 
of respiratory and cardiovascular disease (as indicated by increased 
hospital admissions, emergency room visits, absences from school or 
work, and restricted activity days), changes in lung function and 
increased respiratory symptoms. Individuals particularly sensitive to 
PM2.5 exposure include older adults, people with heart and 
lung disease, and children (78 FR 3086 at 3088, January 15, 2013). 
PM2.5 can be emitted directly into the atmosphere as a solid 
or liquid particle (``primary PM2.5'' or ``direct 
PM2.5'') or can be formed in the atmosphere as a result of 
various chemical reactions among precursor pollutants such as nitrogen 
oxides, sulfur oxides, volatile organic compounds, and ammonia 
(``secondary PM2.5'').\2\
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    \1\ See 71 FR 61224 (October 17, 2006). EPA set the first NAAQS 
for PM2.5 on July 18, 1997 (62 FR 36852), including 
annual standards of 15 [micro]g/m\3\ based on a 3-year average of 
annual mean PM2.5 concentrations and 24-hour (daily) 
standards of 65 [micro]g/m\3\ based on a 3-year average of 98th 
percentile 24-hour concentrations (40 CFR 50.7). In 2012, EPA 
revised the annual standard to lower its level to 12 [micro]g/m\3\ 
(78 FR 3086, January 15, 2013, codified at 40 CFR 50.18). Unless 
otherwise noted, all references to the PM2.5 standard in 
this notice are to the 2006 24-hour standard of 35 [micro]g/m\3\ 
codified at 40 CFR 50.13.
    \2\ See EPA, Regulatory Impact Analysis for the Final Revisions 
to the National Ambient Air Quality Standards for Particulate Matter 
(EPA-452/R-12-005, December 2012), p. 2-1.
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    Following promulgation of the new or revised NAAQS, EPA is required 
by CAA section 107(d) to designate areas throughout the nation as 
attaining or not attaining the NAAQS. On November 13, 2009, EPA 
designated the Salt Lake City, Prove, and Logan, UT/ID areas as 
nonattainment for the 2006 PM2.5 standard of 35 [micro]g/
m\3\ (74 FR 58688, November 13, 2009). This designation became 
effective on December 14, 2009 (40 CFR 81.345). The Salt Lake City, 
Provo, and Logan, UT/ID areas were designated unclassifiable/attainment 
for the 1997 and 2012 annual PM2.5 standards. For a precise 
description of the geographic boundaries of the Salt Lake City, Provo, 
and Logan portion of the Logan, UT/ID PM2.5 nonattainment 
areas, see 40 CFR 81.345. EPA originally designated these areas under 
CAA title I, part D, subpart 1, which required the State of Utah to 
submit an attainment plan for each area no later than three years from 
the date of their nonattainment designations. These plans needed to 
provide for the attainment of the PM2.5 standard as 
expeditiously as practicable, but no later than five years from the 
date the areas were designated nonattainment.
    Subsequently, on January 4, 2013, the U.S. Court of Appeals for the 
District of Columbia held that EPA should have implemented the 2006 
PM2.5 24-hour standard based on both CAA title I, part D, 
subpart 1 and subpart 4. Under subpart 4, nonattainment areas are 
initially classified as Moderate, and Moderate area attainment plans 
must address the requirements of subpart 4 as well as subpart 1. 
Additionally, CAA subpart 4 sets a different state implementation plan 
(SIP) submittal due date and attainment year. For a Moderate area, the 
attainment SIP is due 18 months after designation and the attainment 
year is the end of the sixth calendar year after designation. On June 
2, 2014 (79 FR 31566), EPA finalized the Identification of 
Nonattainment Classification and Deadlines for

[[Page 69175]]

Submission of State Implementation Plan (SIP) Provisions for the 1997 
Fine Particulate (PM2.5) National Ambient Air Quality 
Standard (NAAQS) and 2006 PM2.5 NAAQS (``the Classification 
and Deadline Rule''). This rule classified as Moderate the areas that 
were designated in 2009 as nonattainment, and set the attainment SIP 
submittal due date for those areas at December 31, 2014. That rule did 
not affect the Moderate area attainment date of December 31, 2015.
    On March 23, 2015, EPA proposed the Fine Particulate Matter 
National Ambient Air Quality Standards: State Implementation Plan 
Requirements (``PM2.5 Implementation Rule''), 80 FR 15340, 
which partially addresses the January 4, 2013 court ruling. This 
proposed rule details how air agencies should meet the statutory SIP 
requirements that apply under subparts 1 and 4 to areas designated 
nonattainment for any PM2.5 NAAQS, such as: general 
requirements for attainment plan due dates and attainment 
demonstrations; provisions for demonstrating reasonable further 
progress (RFP); quantitative milestones; contingency measures; 
Nonattainment New Source Review (NNSR) permitting programs; and 
reasonably available control measures (RACM) (including reasonably 
available control technology (RACT)), among other things. The statutory 
attainment planning requirements of subparts 1 and 4 were established 
to ensure that the following goals of the CAA are met: (i) That states 
implement measures that provide for attainment of the PM2.5 
NAAQS as expeditiously as practicable; and, (ii) that states adopt 
emissions reduction strategies that will be the most effective, and the 
most cost-effective, at reducing PM2.5 levels in 
nonattainment areas.

III. Potential One-Year Moderate Area Attainment Date Extensions

    Under section 188(d) of the Act, a state may apply to EPA for up to 
two one-year extensions of the Moderate area attainment date, which EPA 
may grant if the state satisfies certain conditions. Before EPA may 
extend the attainment date for a Moderate area under section 188(d), 
EPA must determine that: (1) The state has complied with all 
requirements and commitments pertaining to the area in the applicable 
implementation plan; and (2) no more than one exceedance of the 24-hour 
NAAQS level for PM10 has occurred in the area in the year 
proceeding the extension year, and the annual mean concentration for 
PM10 in the area for such year is less than or equal to the 
standard level. The PM2.5 Implementation Rule proposes 
interpretations of these provisions pertaining to PM2.5. 
Currently, the only Moderate nonattainment area in Utah for which the 
State has indicated they may request an extension of the Moderate area 
attainment date is the Logan, UT/ID nonattainment area. Until this 
action is finalized, the Logan portion of the Logan, UT/ID 
nonattainment area may still qualify for this Moderate area attainment 
date extension, as the year prior to the Moderate area attainment date 
is 2015. EPA intends that, if the State requests an extension of the 
Moderate area attainment date for the Logan portion of the Logan, UT/ID 
nonattainment area before EPA finalizes this discretionary 
reclassification, EPA may decide not to finalize this proposed 
reclassification with respect to the Logan area only. If EPA then acts 
on the State's extension request, EPA will do so through a separate 
notice-and-comment rulemaking. In this proposed reclassification, we 
are neither proposing nor requesting comment on a potential extension.

IV. Reclassification as Serious Nonattainment Area and Serious Area SIP 
Requirements

A. Reclassification as Serious and Applicable Attainment Date

    Section 188 of the Act outlines the process for classification of 
PM2.5 nonattainment areas and establishes the applicable 
attainment dates. EPA has historically taken the view that under the 
plain meaning of the terms of section 188(b)(1) of the Act, EPA has 
general authority to reclassify before the applicable attainment date 
any areas that EPA determines cannot practicably attain the standard by 
such date. Accordingly, section 188(b)(1) of the Act is a general 
expression of delegated rulemaking authority.
    The criteria for determining if an area is attaining the 2006 24-
hour PM2.5 NAAQS are set out in 40 CFR 50.13 and 40 CFR part 
50, appendix N. The 2006 24-hour PM2.5 primary and secondary 
standards are met when the 98th percentile 24-hour concentration, as 
determined in accordance with 40 CFR part 50, Appendix N, is less than 
or equal to 35 [mu]g/m\3\. To produce a valid 24-hour standard design 
value, the three year average of the annual 98th percentile 24-hour 
average values is required. A year meets data completeness requirements 
when at least 75 percent of the scheduled sampling days for each 
quarter have valid data; however, less than complete data may be used 
when the resulting 24-hour design value is greater than the level of 
the standard. See 4.2(b), 40 CFR part 50, appendix N. The use of less 
than complete data is subject to the approval of EPA, which may 
consider factors such as monitoring site closures/moves, monitoring 
diligence, and nearby concentrations in determining whether to use such 
data. We have reviewed recent PM2.5 monitoring data for the 
Salt Lake City, Provo, and the Logan portion of the Logan, UT/ID 
nonattainment areas available in EPA's Air Quality System (AQS) 
database. These data show that the 24-hour PM2.5 levels in 
the Salt Lake City, Provo, and the Logan portion of the Logan, UT/ID 
nonattainment areas continue to be well above 35 [micro]g/m\3\, the 
level of the 2006 PM2.5 standard, and the recent trends in 
the nonattainment areas 24-hour PM2.5 levels are not 
consistent with a projection of attainment by the end of 2015 (see 
Table 1 below). Additionally, for these three nonattainment areas to 
show attainment for the three year period of 2013-2015, the 98th 
percentile for 2015 would need to be near (or below) 0 [micro]g/m\3\. 
These data show that it is impracticable for these three areas to 
attain the 24-hour standard by the end of 2015.

                                                Table 1--24-Hour PM2.5 NAAQS Design Values in [mu]g/m\3\
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                NAA                           Site              AQS ID     2005    2006    2007    2008    2009    2010    2011    2012    2013    2014
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Logan portion of Logan, UT/ID NAA..  Logan, UT.............    490050004      65      64      42      36      40      43      42      37      46      45
Provo NAA..........................  Lindon, UT............    490494001      43      44      45      44      50      41      41      32      44      42
                                     North Provo, UT.......    490490002      39      38      37      37      42      36      35      29      45      43
                                     Spanish Fork, UT......    490495010      36      36      36  \1\ 34      42      39      42      35      46      44
Salt Lake City NAA.................  Bountiful, UT.........    490110004      40      38      38  \1\ 35      38      38      40      34      35      38
                                     Brigham City, UT......    490030003      35      35      29      35      37      42      40      37      37      37
                                     Harrisville, UT.......    490571003      36      38      35      35      38      36      37  \1\ 33  \1\ 35     n/a

[[Page 69176]]

 
                                     Hawthorne, UT.........    490353006      47      48      48      46      48      44      45      38      41      43
                                     Magna, UT.............    490351001      41      40      32      29      31      33      35      30      32      35
                                     Ogden No. 2, UT.......    490570002      40      40      36      36      40      37      40      36      39      34
                                     Rose Park, UT.........    490353010     n/a     n/a     n/a     n/a      37      41      41      35      39      42
                                     Tooele City, UT.......    490450003     n/a     n/a  \1\ 31      22      23      26      27      24      28      29
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\1\ 40 CFR part 50, appendix N, section 4.2(b) considers design values invalid when the design value is less than or equal to the level of the NAAQS,
  and one of more quarters have less than 75% data completeness.

    In accordance with section 188(b)(1) of the Act, EPA is proposing 
to reclassify the Salt Lake City, Provo, and the Logan portion of the 
Logan, UT/ID nonattainment areas from Moderate to Serious nonattainment 
for the 2006 24-hour PM2.5 standard of 35 [micro]g/m\3\, 
based on EPA's determination that the Salt Lake City, Provo, and the 
Logan portion of the Logan, UT/ID areas cannot practicably attain this 
standard by the applicable attainment date of December 31, 2015.
    Under section 188(c)(2) of the Act, the attainment date for a 
Serious area ``shall be as expeditiously as practicable but no later 
than the end of the tenth calendar year beginning after the areas 
designation as nonattainment . . .'' The Salt Lake City, Provo, and the 
Logan portion of the Logan, UT/ID areas were designated nonattainment 
for the 2006 PM2.5 standard effective December 14, 2009.\3\ 
Therefore, upon final reclassification of the Salt Lake City, Provo, 
and the Logan portion of the Logan, UT/ID areas as Serious 
nonattainment areas, the latest permissible attainment date under 
section 188(c)(2) of the Act, for purposes of the 2006 PM2.5 
standard in these areas, will be December 31, 2019.
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    \3\ See 74 FR 58688 (November 13, 2009).
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B. Clean Air Act Requirements for Serious PM2.5 
Nonattainment Area Plans

    Upon reclassification as Serious nonattainment areas for the 2006 
PM2.5 NAAQS, Utah will be required to submit additional SIP 
revisions to satisfy the statutory requirements of subpart 4 of part D, 
title I of the Act.
    The Serious area SIP elements that Utah will be required to submit 
are as follows:
    1. Provisions to assure that the best available control measures 
(BACM), including best available control technologies (BACT) for 
stationary sources, for the control of direct PM2.5 and 
PM2.5 precursors shall be implemented no later than four 
years after the area is reclassified (CAA section 189(b)(1)(B));
    2. A demonstration (including air quality modeling) that the plan 
provides for attainment as expeditiously as practicable but no later 
than December 31, 2019, or where the state is seeking an extension of 
the attainment date under section 188(e), a demonstration that 
attainment by December 31, 2019 is impracticable and that the plan 
provides for attainment by the most expeditious alternative date 
practicable and no later than December 31, 2024 (CAA sections 
188(c)(2), 188(e), and 189(b)(1)(A));
    3. Plan provisions that require RFP (CAA 172(c)(2));
    4. Quantitative milestones which are to be achieved every three 
years until the area is redesignated attainment and which demonstrate 
RFP toward attainment by the applicable date (CAA section 189(c));
    5. Provisions to assure that control requirements applicable to 
major stationary sources of PM2.5 also apply to major 
stationary sources of PM2.5 precursors, except where the 
state demonstrates to EPA's satisfaction that such sources do not 
contribute significantly to PM2.5 levels that exceed the 
standard in the area (CAA section 189(e));
    6. A comprehensive, accurate, current inventory of actual emissions 
from all sources of PM2.5 and PM2.5 precursors in 
the area (CAA section 172(c)(3));
    7. Contingency measures to be implemented if the area fails to meet 
RFP or to attain by the applicable attainment date (CAA section 
172(c)(9)); and
    8. Revisions to the NNSR program to lower the applicable ``major 
stationary source'' \4\ thresholds from 100 tons per year (tpy) to 70 
tpy (CAA section 189(b)(3)).
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    \4\ For any Serious area, the terms ``major source'' and ``major 
stationary source'' include any stationary source that emits or has 
the potential to emit at least 70 tons per year of PM10 
(CAA section 189(b)(3)).
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    As described above, EPA proposed a rulemaking to provide guidance 
to states on the attainment planning requirements in subparts 1 and 4 
of part D, title I of the Act that apply to areas designated 
nonattainment for PM2.5 (80 FR 15340; March 23, 2015).

C. Deadline for Submittal of Serious Area Plan Elements

    For an area reclassified as a Serious nonattainment area before the 
applicable attainment date under CAA section 188(b)(1), section 
189(b)(2) requires the State to submit the required BACM provisions 
``no later than 18 months after reclassification of the area as a 
Serious Area'' and to submit the required attainment demonstration ``no 
later than four years after reclassification of the area to Serious.'' 
Section 189(b)(2) establishes outer bounds on the SIP submission 
deadlines and does not preclude EPA's establishment of earlier 
deadlines as necessary or appropriate to assure consistency among the 
required submissions and to implement the statutory requirements.
    If a final reclassification of the Salt Lake City, Provo, and Logan 
portion of the Logan, UT/ID PM2.5 nonattainment areas to 
Serious becomes effective by early 2016, the Act provides the State 
with up to 18 months after this date (i.e., until mid-2017) to submit 
the required BACM provisions. Because an up-to-date emissions inventory 
serves as the foundation for a state's BACM and BACT determinations, 
EPA also proposes to require the State to submit the emissions 
inventory required under CAA section 172(c)(3) within 18 months after 
the effective date of final reclassification. Similarly, because an 
effective evaluation of BACM and BACT measures requires evaluation of 
the precursor pollutants that must be controlled to provide for 
expeditious attainment in the area, if the State chooses to submit an 
optional precursor insignificance demonstration to support a 
determination to exclude a PM2.5 precursor from the required 
control measure evaluations for the area, EPA proposes to require the 
State to submit any such demonstration by this same date. An 18-month 
timeframe for submission of these plan elements is consistent with both 
the timeframe for submission of BACM provisions under

[[Page 69177]]

CAA section 189(b)(2) and the timeframe for submission of subpart 1 
plan elements under section 172(b) of the Act.\5\
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    \5\ Section 172(b) requires EPA to establish, concurrent with 
nonattainment area designations, a schedule extending no later than 
3 years from the date of the nonattainment designation for states to 
submit plans or plan revisions meeting the applicable requirements 
of sections 110(a)(2) and 172(c) of the CAA.
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    EPA proposes to require the State to submit the attainment 
demonstration required under section 189(b)(1)(A) and the remaining 
attainment-related plan elements no later than three years after the 
effective date of final reclassification or by December 31, 2018, 
whichever is earlier. The attainment-related plan elements that we 
propose to require within the same three-year timeframe as the 
attainment demonstration are: (1) The RFP demonstration required under 
section 172(c)(2); (2) the quantitative milestones required under 
section 189(c); (3) any additional control measures necessary to meet 
the requirements of section 172(c)(6); and (4) the contingency measures 
required under section 172(c)(9). Although section 189(b)(2) generally 
provides for up to four years after a discretionary reclassification 
for the State to submit the required attainment demonstration, it is 
appropriate in this case for EPA to establish an earlier SIP submission 
deadline to assure timely implementation of the statutory requirements.
    As discussed in the Background section, EPA designated the Salt 
Lake City, Provo, and Logan, UT/ID areas as nonattainment for the 2006 
PM2.5 standard effective December 14, 2009.\6\ On January 4, 
2013, the DC Circuit Court of Appeals issued its decision in NRDC 
remanding EPA's 2007 PM2.5 Implementation Rule and directing 
EPA to repromulgate it in accordance with the requirements of subpart 
4.\7\ In response to the NRDC decision, EPA undertook a rulemaking to 
classify all PM2.5 nonattainment areas as Moderate 
nonattainment and begin implementing the PM2.5 NAAQS under 
subpart 4. Effective July 2, 2014, EPA classified all areas previously 
designated nonattainment for the 1997 and/or 2006 PM2.5 
NAAQS as Moderate nonattainment under subpart 4 and established a 
December 31, 2014 deadline for states to submit Moderate area SIP 
elements required for these areas.\8\ These unusual circumstances have 
significantly shortened the timeframes ordinarily allowed under the Act 
for EPA and the states to address the statutory SIP requirements 
following reclassification of an area from Moderate to Serious 
nonattainment under subpart 4.\9\
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    \6\ 74 FR 58688 (November 13, 2009).
    \7\ NRDC v. EPA, 706 F.3d 428 (D.C. Cir. 2013).
    \8\ 79 FR 31566 (June 2, 2014). EPA notes that some states had 
already made SIP submissions intended to meet applicable 
nonattainment plan requirements as interpreted in the remanded 2007 
PM2.5 Implementation Rule. Accordingly, the new SIP 
submission deadline provided the opportunity for states to revise or 
supplement their prior submissions, as necessary or appropriate to 
meet subpart 4 requirements.
    \9\ For areas designated nonattainment after November 15, 1990, 
section 188(b)(1)(B) of the Act requires that EPA ``reclassify 
appropriate areas within 18 months after the required date for the 
State's submission of a SIP for the Moderate Area.'' Read together 
with section 189(a)(2)(B), which requires states to submit Moderate 
Area plans within 18 months after nonattainment designations, 
section 188(b)(1)(B) generally contemplates that EPA would 
reclassify appropriate areas as Serious nonattainment no later than 
36 months (3 years) after initial nonattainment designations. Under 
these circumstances, the required Serious area attainment 
demonstration would normally be submitted no later than 7 years 
after initial designation (4 years after reclassification), which is 
3 years before the latest permissible attainment date under CAA 
section 188(c)(2).
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    Our proposal to require the State to submit the attainment 
demonstration and other attainment-related plan elements no later than 
three years after reclassification or by December 31, 2018, whichever 
is earlier, is supported by the overall structure and purpose of the 
attainment planning requirements in part D, title I of the Act. Section 
188(b)(1) provides EPA with discretionary authority to reclassify an 
area as Serious nonattainment at any time before the applicable 
attainment date, based on a determination that the area cannot 
practicably attain the NAAQS by the Moderate area attainment date. 
Under normal circumstances, where EPA reclassifies an area within three 
years after its designation as nonattainment, as contemplated in CAA 
section 188(b)(1)(B),\10\ the required BACM provisions would be due no 
later than 18 months after reclassification (i.e., no later than 4.5 
years after designation) and the required attainment demonstration 
would be due no later than four years after reclassification (i.e., no 
later than seven years after designation).\11\ In these circumstances, 
the Serious area attainment demonstration would be due at least three 
years before the outermost Serious area attainment date for the 
area,\12\ thus providing EPA with sufficient time to evaluate the 
submitted plan well in advance of the statutory attainment date. 
However, in situations such as this, where EPA reclassifies an area 
pursuant to its discretionary reclassification authority later than 
three years after the area's designation as nonattainment, it is 
appropriate for EPA to consider the outermost Serious area attainment 
date applicable to the area in setting a deadline for the State to 
submit the required elements of the Serious area attainment plan.
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    \10\ Id.
    \11\ CAA section 189(b)(2). By contrast, for an area that is 
reclassified as Serious by operation of law after the applicable 
attainment date, which may be as late as the end of the 6th year 
after the area's designation as nonattainment (CAA section 
188(b)(1)), the state must submit both the BACM provisions and the 
Serious area attainment demonstration no later than 18 months after 
reclassification. Id.
    \12\ Under CAA section 188(c)(2), the latest permissible 
attainment date for a Serious PM2.5 nonattainment area is 
no later than the end of the tenth calendar year beginning after the 
area's designation as nonattainment.
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    Upon reclassification as Serious, the Salt Lake City, Provo, and 
Logan portion of the Logan, UT/ID PM2.5 nonattainment areas 
will be subject to a Serious area attainment date no later than 
December 31, 2019.\13\ Sections 189(b)(1)(A) and 189(c) of the Act 
require the State to submit a demonstration that the plan provides for 
attainment of the PM2.5 standard by this date, including 
quantitative milestones which are to be achieved every three years 
until the area is redesignated attainment and which demonstrate 
reasonable further progress toward attainment by this date. If EPA 
reclassifies the Salt Lake City, Provo, and Logan portion of the Logan, 
UT/ID area effective in early 2016 and allows the State four years 
following reclassification (i.e., potentially until early 2020) to 
submit the attainment demonstration and related plan elements, these 
Serious area plan provisions would not be due until after the latest 
permissible statutory attainment date for the area (December 31, 2019) 
has come and gone. Thus, under such circumstances, allowing the maximum 
four-year timeframe for submission of the required attainment 
demonstration and related plan elements would frustrate the statutory 
design and severely constrain EPA's ability to ensure that the State is 
implementing the applicable statutory requirements in a timely manner.
---------------------------------------------------------------------------

    \13\ Id.
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    Therefore, it is appropriate for EPA to require Utah to submit the 
required attainment demonstration and other attainment-related plan 
elements no later than three years after final reclassification or by 
December 31, 2018, whichever is earlier, so that EPA has adequate time 
to review and act on the State's submission prior to the latest 
permissible attainment date for the area under section 188(c)(2), which 
is

[[Page 69178]]

December 31, 2019. This timeframe for the required Serious area plan 
submissions is appropriate to assure consistency among the required 
submissions and to implement the statutory requirements in a timely 
manner.
    Finally, EPA proposes to require that the State submit revised NNSR 
program requirements no later than 18 months after final 
reclassification. The Act does not specify a deadline for the State's 
submission of SIP revisions to meet NNSR program requirements to lower 
the ``major stationary source'' threshold from 100 tons per year (tpy) 
to 70 tpy (CAA section 189(b)(3)) and to address the control 
requirements for major stationary sources of PM2.5 
precursors (CAA section 189(e)) \14\ following reclassification of a 
Moderate PM2.5 nonattainment area as Serious nonattainment 
under subpart 4. Pursuant to EPA's gap-filling authority in CAA section 
301(a) and to effectuate the statutory control requirements in section 
189 of the Act, EPA proposes to require the State to submit these NNSR 
SIP revisions, as well as any necessary analysis of and additional 
control requirements for major stationary sources of PM2.5 
precursors, no later than 18 months after the effective date of final 
reclassification of the Salt Lake City, Provo, and Logan portion of the 
Logan, UT/ID area as Serious nonattainment for the 2006 
PM2.5 standard. This due date will ensure that necessary 
control requirements for major sources are established well in advance 
of the required attainment demonstration. An 18-month timeframe for 
submission of the NSR SIP revisions also aligns with the statutory 
deadline for submission of BACM and BACT provisions and the broader 
analysis of PM2.5 precursors for potential controls on 
existing sources in the area.
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    \14\ Section 189(e) requires that the control requirements 
applicable to major stationary sources of PM2.5 also 
apply to major stationary sources of PM2.5 precursors, 
except where the state demonstrates to EPA's satisfaction that such 
sources do not contribute significantly to PM2.5 levels 
that exceed the standard in the area.
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V. Proposed Action

    Pursuant to CAA section 188(b)(1), EPA is proposing to reclassify 
the Salt Lake City, Provo, and the Logan portion of the Logan, UT/ID 
PM2.5 nonattainment areas as Serious nonattainment for the 
2006 PM2.5 standard based on the Agency's determination that 
the Salt Lake City, Provo, and the Logan portion of the Logan, UT/ID 
areas cannot practicably attain the 2006 PM2.5 standard by 
the Moderate area attainment date of December 31, 2015. Upon final 
reclassification as a Serious nonattainment area, Utah will be required 
to submit, within 18 months after the effective date of 
reclassification, an updated emissions inventory, an optional precursor 
insignificance demonstration, and provisions to assure that BACM shall 
be implemented no later than four years after the effective date of 
reclassification. The due date for the remaining Serious area plan 
elements will be three years after the effective date of the final 
action or December 31, 2018, whichever is earlier, to reclassify the 
areas. The NNSR SIP revisions will be due 18 months following 
reclassification.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review, and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because it does not contain any information collection 
activities.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This 
proposed rule would reclassify the Salt Lake City, Provo, and the Logan 
portion of the Logan, UT/ID nonattainment areas as Serious 
nonattainment for the 2006 PM2.5 NAAQS, and would not itself 
regulate small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, and does not significantly or uniquely 
affect small governments. This proposed action would reclassify the 
Salt Lake City, Provo, and the Logan portion of the Logan, UT/ID 
nonattainment areas as Serious nonattainment for the 2006 
PM2.5 NAAQS, and would not itself impose any federal 
intergovernmental mandate. The proposed action would not require any 
tribes to submit implementation plans.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will 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.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Governments'' (65 FR 67249, November 9, 2000), requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' ``Policies that have Tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian Tribes.''
    There are no Indian tribes located within the boundaries of the 
Salt Lake City, Provo, and the Logan portion of the Logan, UT/ID 
nonattainment areas for the 2006 PM2.5 NAAQS. EPA concludes 
that the proposed reclassification would not have tribal implications 
for the purposes of Executive Order 13175.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that EPA has reason to believe disproportionately affect children, per 
the definition of ``covered regulatory action'' in section 2-202 of the 
Executive Order. This proposed action is not subject to Executive Order 
13045 because it would only reclassify the Salt Lake City, Provo, and 
the Logan portion of the Logan, UT/ID nonattainment areas as Serious 
nonattainment for the 2006 PM2.5 NAAQS, triggering Serious 
area planning requirements under the CAA. This proposed action does not 
establish an environmental standard intended to mitigate health or 
safety risks.

[[Page 69179]]

H. Executive Order 13211, Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This proposed action is not subject to Executive Order 13211, 
because it is not a significant regulatory action under Executive Order 
12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA has determined that this action will not have potential 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This proposed action would only reclassify the Salt Lake 
City, Provo, and the Logan portion of the Logan, UT/ID nonattainment 
areas as Serious nonattainment for the 2006 PM2.5 NAAQS, 
triggering additional Serious area planning requirements under the CAA.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Incorporation by reference, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organization compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: October 27, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2015-28359 Filed 11-6-15; 8:45 am]
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