[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Proposed Rules]
[Pages 32517-32519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14732]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2016-0620; FRL-9964-83-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Revisions to Ozone Offset Requirements in Davis and Salt 
Lake Counties

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
State of Utah on August 20, 2013, and on June 29, 2017. The submittals 
revise the portions of the Utah Administrative Code (UAC) that pertain 
to offset requirements in Davis and Salt Lake Counties for major 
sources. This action is being taken under section 110 of the Clean Air 
Act (CAA) (Act).

DATES: Written comments must be received on or before August 14, 2017.

ADDRESSES: Submit your comments, identified by EPA-R08-OAR-2016-0620 at 
https://www.regulations.gov. Follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from www.regulations.gov. The EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

What should I consider as I prepare my comments for the EPA?

    a. Submitting Confidential Business Information (CBI). Do not 
submit CBI to EPA through https://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 the 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 August 20, 2013, with supporting administrative documentation 
submitted on September 12, 2013, Utah sent the EPA revisions to their 
nonattainment permitting regulations, specifically to address EPA 
identified deficiencies in their nonattainment permitting regulations 
that affected the EPA's ability to approve Utah's PM10 
maintenance plan and that may affect the EPA's ability to approve 
Utah's PM2.5 SIP. These revisions addressed R307-403-1 
(Purpose and Definitions), R307-403-2 (Applicability), R307-403-11 
(Actual Plant-wide Applicability Limits (PALs)), and R307-420 (Ozone 
Offset Requirements in Davis and Salt Lake Counties). On June 2, 2016, 
the EPA entered into a consent decree with the Center for Biological 
Diversity, Center for Environmental Health, and Neighbors for Clean Air 
regarding a failure to act, pursuant to CAA sections 110(k)(2)-(4), on 
certain complete SIP submissions from states intended to address 
specific requirements related to the 2006 PM2.5 NAAQS for 
certain nonattainment areas, including the submittal from the Governor 
of Utah dated August 20, 2013.
    On February 3, 2017, the EPA published a final rulemaking (82 FR 
9138) to conditionally approve the revisions in Utah's August 20, 2013 
submittal, except for the revisions to R307-420. The submittal did not 
contain the appropriate supporting documentation required for the EPA 
to take action on R307-420. As a result, the EPA requested an extension 
for taking action on R307-420, and on December 20, 2016, the EPA was

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granted an extension which moved the deadline for taking final action 
on R307-420 from January 3, 2017, to September 29, 2017 (See docket). 
Utah submitted on June 29, 2017 an additional SIP revision that 
addresses the lack of appropriate supporting documentation for R307-
420.

III. Proposed Action

    The EPA is proposing to approve Utah's revisions to R307-420 and 
R307-403-6, as submitted on August 20, 2013, and June 29, 2017. R307-
420 maintains the offset provisions of the nonattainment area new 
source review (NNSR) permitting program in Salt Lake and Davis Counties 
after the area is re-designated to attainment for ozone. R307-420 also 
establishes more stringent offset requirements for nitrogen oxides that 
may be triggered as a contingency measure under Utah's ozone 
maintenance plan. R307-420 was also modified to include the definitions 
and applicability provisions of R307-403 (Permits: New and Modified 
Sources in Nonattainment Areas and Maintenance Areas) to ensure that 
the definitions and applicability provisions in R307-420 are consistent 
with related permitting rules in R307-403. Finally, the revisions to 
R307-403-6 reflect the move of the maintenance offset provisions from 
R307-403 to R307-420. The EPA is proposing to approve these revisions 
after determining that these revisions are in compliance with federal 
statutes and regulations.
    The EPA first approved the offset provisions for maintenance of the 
ozone standards in Salt Lake and Davis Counties on May 5, 1995 (60 FR 
22277), as part of an action on a Utah submittal updating the NNSR 
program. At that time, the offset provisions were in R307-1-3.3.3.C. 
R307-1-3.3.3.C applied an offset ratio of 1.15:1 for new major sources 
and major modifications in any ozone nonattainment area, but also in 
Salt Lake and Davis Counties after redesignation to attainment. See 60 
FR 22280/3. The submittal, in R307-1-3.1.10, also applied alternative 
siting analysis requirements to apply to new major sources and major 
modifications in Salt Lake and Davis Counties after redesignation.
    On July 17, 1997 (62 FR 38213), the EPA approved Utah's maintenance 
plan and redesignation request for Salt Lake and Davis Counties. As 
part of that action, we approved a revision to R307-1-3.3.3.C that 
added a contingency measure for Salt Lake and Davis Counties. 62 FR 
38215/2. The contingency measure, if triggered, would increase the 
offset ratio to 1.2:1. 62 FR 28406/1 (May 23, 1997) (proposal).
    Subsequently, Utah undertook a complete recodification of their air 
rules. The NNSR rules in R307-1-3, including the ozone maintenance 
provisions, were moved to R307-403. The offset and contingency measure 
provisions in R307-1-3.3.3.C were moved to R307-403-6, and the 
alternative siting analysis requirements were moved to R307-403-8. The 
EPA approved most of the recodification, including all of R307-403, on 
February 14, 2006 (71 FR 7679).
    The alternative siting analysis requirements in R307-403-8 were 
subsequently moved to R307-401-19, approved by the EPA on February 6, 
2014 (79 FR 7072), and then again to R307-403-10, approved by the EPA 
on February 3, 2017 (82 FR 9138) as part of the action discussed above. 
This portion of the SIP is up to date with all Utah rule revisions and 
submittals.
    Separately, in 1999 Utah moved the ozone maintenance plan 
provisions for Salt Lake and Davis Counties (i.e. the ozone offset 
maintenance provisions and contingency measure provisions) from R307-
403-6 to a new section of the UAC, R307-420. As part of this change, 
Utah added the relevant definitions from the NNSR program to the 
maintenance plan provisions. By separating the maintenance provisions 
from the NNSR program, this change improved the clarity of the 
maintenance provisions, particularly with regard to applicability in 
Salt Lake and Davis Counties. Correspondingly, Utah removed the 
maintenance plan language from R307-403-6. However, Utah did not submit 
these changes as a SIP revision.
    Then, on August 20, 2013, Utah submitted revisions to the 
definitions in the NNSR program that addressed certain deficiencies. 
Utah also submitted revisions to the corresponding definitions in R307-
420. As the EPA had not received the 1999 rulemaking that created R307-
420 as a SIP submittal, we were unable to take action on the revisions 
to R307-420.
    Utah's June 29, 2017 submittal addresses this issue by submitting 
the 1999 rule revisions that created R307-420 and modified R307-403-6. 
As these rule revisions preserve the ozone maintenance plan 
requirements for offsets and contingency measures in Salt Lake and 
Davis Counties while improving the clarity of those requirements, we 
propose to approve the revisions.
    We also propose to approve the subsequent revisions to R307-420, 
submitted on August 20, 2013, that Utah promulgated to ensure that the 
definitions and applicability provisions in R307-420 are consistent 
with related permitting rules in R307-403. For the reasons explained in 
our February 3, 2017 notice, the definitions and applicability 
provisions in R307-403 are consistent with requirements for NNSR 
programs found in 40 CFR 51.165. While R307-420 is part of the ozone 
maintenance plan for Salt Lake and Davis Counties and not part of the 
NNSR program, and therefore not directly subject to the requirements in 
40 CFR 51.165, we view the corresponding revisions to the definitions 
and applicability provisions as strengthening the maintenance plan.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the UDAQ rules promulgated in the DAR, R307-400 Series as 
discussed in section III of this preamble. The EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region 8 Office (please contact 
the person identified in the For Further Information Contact section of 
this preamble for more information).

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 proposes to approve state law as 
meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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.);

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     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);
     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 the 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
proposed 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).

List of Subjects in 40 CFR Part 52

    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 organic compounds.

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

    Dated: June 30, 2017.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2017-14732 Filed 7-13-17; 8:45 am]
 BILLING CODE 6560-50-P