[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Rules and Regulations]
[Pages 46417-46420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21111]



40 CFR Part 52

[EPA-R08-OAR-2016-0620; FRL-9968-74-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.

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 ozone 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: This final rule is effective on November 6, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification Number EPA-R08-OAR-2016-0620. All documents in 
the docket are listed on the http://www.regulations.gov index. Although 
listed in the index, some information may not be publicly available, 
e.g., Confidential Business Information 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 
through http://www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. The 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, 8:00 a.m. to 4:00 p.m., excluding federal 

Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 
Wynkoop, Denver, Colorado 80202-1129, (303) 312-6227, 


I. 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 those regulations that may also affect the 
EPA's ability to approve Utah's fine particulate matter 
(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 p.m.2.5 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 
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-

II. Response to Comments

    No comments were received on our July 14, 2017 notice of proposed 
rulemaking (82 FR 32517).

III. Final Action

    The EPA is taking final action 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. The EPA is taking final 
action to approve these revisions.
    On August 20, 2013, Utah submitted revisions to the definitions in 
the NNSR program that addressed certain deficiencies in the program. 
Utah also submitted revisions to the corresponding definitions in R307-
420. As explained in our proposed rulemaking published on July 14, 2017 
(82 FR 32517), since 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 in our February 3, 2017 (82 FR 9138) final 
rulemaking for Utah's revisions to Nonattainment Permitting 
    Utah's June 29, 2017 submittal addressed 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 
proposed to approve the 1999 rule revisions on July 14, 2017 (82 FR 
32517). We also proposed to approve the remaining portion of the August 
20, 2013 submittal.
    The EPA is taking final action 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 July 14, 2017 notice of proposed rulemaking, 
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. Specifically, the EPA is approving 

[[Page 46418]]

following revisions to Utah's nonattainment permitting regulations:

 Table 1--Revised Sections as Public Noticed in the Utah State Bulletin
                            on March 1, 1999
                      (Submitted on June 29, 2017)
Adds Section R307-420-1 (Purpose).
Adds Section R307-420-2 (Definitions).
Adds Section R307-420-3 (Applicability).
Adds Section R307-420-4 (General Requirements).
Adds Section R307-420-5 (Contingency Measure: Offsets for Oxides of
Revises Section R307-403-6 (Offsets: Ozone Nonattainment Areas and Davis
 and Salt Lake Counties).
1. Removes the phrase: ``and Davis and Salt Lake Counties'' from title.
2. Adds the phrase: ``In any ozone nonattainment area''.
3. Adds the phrase ``42 U.S.C. 7511a''.
4. Removes the language:
``As outlined in Section 182 of the federal Clean Air Act, for moderate
 areas, the emission offset ratio must be at least 1.15.1.
(1) Ozone Maintenance Plan, Salt Lake and Davis Counties. In the event
 that the contingency measures described in Section IX, Part D.2.h.(3)
 of the State Implementation Plan are triggered, the offset requirement
 in (2) below shall apply to emissions of both volatile organic
 compounds and oxides of nitrogen.
(2) The emission offset ratio must be at least 1.2.1, and offset must be
 obtained for the same pollutant for which the source or modification
 has been deemed ``major''.

         Table 2--Revised Sections Submitted on August 20, 2013
R307-420-1 (Purpose) the phrase: ``Except as provided in R307-420-2, the
 definitions in R307-403-1 apply to R307-420.''
R307-420-3 (Applicability) the new paragraph: (3) The applicability
 provision in R307-403-2(1)(a) through (f) and R307-403-2(2)(2) through
 (7) apply in R307-420.''

    Please refer to the August 20, 2013 and June 29, 2017 submittal for 
further details on these revisions.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the UDAQ 
rules as described in the amendments to 40 CFR part 52 set forth in 
this document. 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 
    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 by the Director 
of the Federal Register in the next update to the SIP compilation.\1\

    \1\ 62 FR 27968 (May 22, 1997).

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 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 
in 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, as 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 Clean Air Act; 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 
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

[[Page 46419]]

of the United States. The 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 December 4, 2017. 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 CAA section 307(b)(2)).

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: September 20, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:


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

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

Subpart TT--Utah

2. Section 52.2320, paragraph (c), is amended as follows:
a. Under the centered heading ``R307-403. Permits: New and Modified 
Sources in Nonattainment Areas and Maintenance Areas'':
i. By revising the table entry for ``R307-403.''
ii. By adding a table entry for ``R307-403-6'' in numerical order.
b. By adding a centered heading ``R307-420. Permits: Ozone Offset 
Requirements in Davis and Salt Lake Counties'' and table entries for 
``R307-420-1'', ``R307-420-2'', ``R307-420-3'', ``R307-420-4'', and 
``R307-420-5'' in numerical order.
    The revision and additions read as follows:

Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *

                                                  State effective        Final rule
         Rule No.               Rule title              date           citation, date            Comments
                                                  * * * * * * *
            R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas
R307-403..................  Permits: New and              9/15/1998  71 FR 7679, 2/14/   Except for R307-403-1,
                             Modified Sources                         2006.               R307-403-2, R307-403-
                             in Nonattainment                                             6, R307-403-10, R307-
                             Areas and                                                    403-11.
                             Maintenance Areas.
                                                  * * * * * * *
R307-403-6................  Offsets: Ozone                9/15/1998  [insert Federal     .......................
                             Nonattainment                            Register
                             Areas.                                   citation], 10/5/
                                                  * * * * * * *
                  R307-420. Permits: Ozone Offset Requirements in Davis and Salt Lake Counties
R307-420-1................  Purpose...........   3/1/1999, 7/1/2013  [insert Federal     .......................
                                                                      citation], 10/5/
R307-420-2................  Definitions.......   3/1/1999, 7/1/2013  [insert Federal     .......................
                                                                      citation], 10/5/
R307-420-3................  Applicability.....   3/1/1999, 7/1/2013  [insert Federal     .......................
                                                                      citation], 10/5/
R307-420-4................  General              3/1/1999, 7/1/2013  [insert Federal     .......................
                             Requirements.                            Register
                                                                      citation], 10/5/
R307-420-5................  Contingency          3/1/1999, 7/1/2013  [insert Federal     .......................
                             Measure: Offsets                         Register
                             for Oxides of                            citation], 10/5/
                             Nitrogen.                                2017.

[[Page 46420]]

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[FR Doc. 2017-21111 Filed 10-4-17; 8:45 am]