[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Rules and Regulations]
[Pages 52983-52986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22284]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0309 and EPA-R10-OAR-2018-0316: FRL-9985-28-Region 8 
and Region 10]


Determination of Attainment by the Attainment Date and Clean Data 
Determination for the Logan, UT-ID 2006 24-Hour PM2.5 Nonattainment 
Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a 
determination of attainment by the attainment date and a clean data 
determination (CDD) for the 2006 24-hour fine particulate matter 
(PM2.5) Logan, Utah (UT)-Idaho (ID) nonattainment area. 
These determinations are based upon quality-assured, quality-controlled 
and certified ambient air monitoring data for the period 2015-2017, 
available in the EPA's Air Quality System (AQS) database, showing that 
the area has attained the 2006 24-hour PM2.5 National 
Ambient Air Quality Standards (NAAQS). Based on the final determination 
that the Logan, UT-ID nonattainment area is currently attaining the 24-
hour PM2.5 NAAQS, the EPA is also issuing the final 
determination that the obligation for Utah and Idaho to make 
submissions to meet certain Clean Air Act (CAA or the Act) requirements 
related to attainment of the NAAQS for this area is not applicable for 
as long as the area continues to attain the NAAQS. Additionally, the 
sanctions and Federal Implementation Plan (FIP) clocks triggered by the 
partial disapproval of the contingency measure element for the Idaho 
portion of the Logan, UT-ID PM2.5 State Implementation Plan 
(SIP) will be suspended.

DATES: This final rule is effective on October 19, 2018.

ADDRESSES: The EPA has established dockets for this action under Docket 
ID No. EPA-R08-OAR-2018-0309 and/or Docket ID No. EPA-R10-OAR-2018-
0316. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through http://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air Program, EPA, 
Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129, (303) 312-6602, [email protected], or Matthew Jentgen, 
Air Planning Unit, Office of Air and Waste (OAW-150), EPA, Region 10, 
1200 Sixth Avenue, Suite 900, Seattle, Washington 98101; (206) 553-
0340; [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', 
``us'' or ``our'' is used, it is intended to refer to the EPA.

I. Background

    On October 17, 2006 (71 FR 61144), the EPA revised the level of the 
24-hour PM2.5 NAAQS, lowering the primary and secondary 
standards from the 1997 standard of 65 micrograms per cubic meter 
([micro]g/m\3\) to 35 [micro]g/m\3\. On November 13, 2009 (74 FR 
58688), the EPA designated several areas as nonattainment for the 24-
hour PM2.5 NAAQS of 35 [micro]g/m\3\, including the Logan, 
Utah UT-ID nonattainment area.
    On July 17, 2018 (83 FR 33886), the EPA proposed to determine, 
based on the most recent 3 years (2015-2017) of valid data,\1\ that the 
Logan, UT-ID nonattainment area has attained the 2006 primary and 
secondary 24-hour PM2.5 NAAQS by the December 31, 2017 
attainment date. In addition, based on the CDD, the EPA also proposed 
to determine that the obligation to submit any remaining attainment-
related SIP revisions arising from classification of the Logan, UT-ID 
area as a Moderate nonattainment area under subpart 4 of part D (of 
title I of the Act) for the 2006 24-hour PM2.5 NAAQS is not 
applicable so long as the area continues to attain the 2006 24-hour 
PM2.5 NAAQS. Additional detail can be found in the July 17, 
2018 (83 FR 33886) proposed action.
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    \1\ Meeting the requirements of 40 CFR part 50, appendix N, and 
part 58.
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II. Response to Comments

    The EPA received eight public comments on the proposed action. 
Three of the comments related to forestry practices and wildfire 
management, primarily in California. One comment related to child labor 
practices in South America. One comment related to homelessness in 
California. Another comment discussed

[[Page 52984]]

water quality issues in Venezuela. Finally, one comment raised issues 
concerning lead-based paint. None of these seven comments recommended 
that the EPA take a different action than the EPA proposed on July 17, 
2018 (83 FR 33886). The eighth comment was received from the Idaho 
Conservation League (ICL) and raised issues relevant to this action, 
which are addressed below. After reviewing the comments received, the 
EPA has determined that the comments, with the exception of the ICL 
comment, fall outside the scope of our proposed action or fail to 
identify any material issue necessitating a response.
    The ICL comment raises concerns regarding monitoring data trends at 
the Franklin, ID and, to a lesser extent, the Smithfield, UT sites. The 
comment states that the 3-year average (2015-2017) at the Franklin, ID 
monitoring site was 30 [micro]g/m\3\; however, the 98th percentile rose 
each year (18.8, 33.3, and 38.3 [micro]g/m\3\, respectively). The 
commenter briefly mentions the Smithfield, UT monitor and how the 98th 
percentiles for the three years (2015-2017) rose too, but to a lesser 
extent. The comment also asserts that if the 2018 monitoring data at 
the Franklin, ID site yields a 98th percentile measurement of greater 
than 33.4 [micro]g/m\3\ (the commenter observes that this measurement 
is not unreasonable for this site), then the 2016-2018 design value 
would exceed the standard of 35 [micro]g/m\3\. The commenter requests 
that the EPA addresses why the year-to-year increases in 
PM2.5 is occurring, and what regulatory measures are in 
place to prevent this area from violating again.
    In accordance with section 188(b)(2) of the CAA, the EPA is 
required to determine within 6 months of the applicable attainment date 
whether a nonattainment area attained the standard by that date. On 
September 8, 2017, the EPA extended the attainment date for the Logan, 
UT-ID PM2.5 nonattainment area to December 31, 2017, upon 
which the EPA proposed a determination of attainment. A determination 
of attainment is not equivalent to a redesignation, and the states must 
still meet the statutory requirements for redesignation in order for 
the area to be redesiginated to attainment. The comment may be 
referring to a redesignation rather than a determination that the area 
attained by the attainment date and/or a CDD, so the EPA reiterates 
that the designation status of the area will remain nonattainment for 
the 2006 PM2.5 NAAQS, until such time as the EPA determines 
that the area meets the CAA requirements for redesignation to 
attainment in CAA section 107(d)(3)(E).
    The EPA has established regulations for determining if the 24-hour 
PM2.5 NAAQS has been met at 40 CFR 50.13 and part 50, 
appendix N, section 4.2. Specifically, under 40 CFR 50.13 and part 50, 
appendix N, section 4.2, the 2006 24-hour PM2.5 NAAQS is met 
when the 24-hour PM2.5 NAAQS design value at each eligible 
monitoring site is less than or equal to 35 [mu]g/m\3\. Three years of 
valid annual PM2.5 98th percentile mass concentrations 
generally are required to produce a valid design value. The regulations 
do not require that there be a downward trend over the course of the 
three years used to calculate the design value. Rather, according to 
part 50, appendix N, section 4.5, the design value is an average of the 
three years of valid annual PM2.5 98th percentile mass 
concentrations. Thus, the process the EPA uses to calculate a design 
value accounts for the fluctuations in 98th percentiles at the Logan, 
UT and Smithfield, UT monitoring sites. Following the requirements of 
40 CFR 50.13 and part 50, appendix N, the EPA determined that the 
design values at both the Smithfield, UT and Franklin, ID monitors are 
below 35 [mu]g/m\3\, thus the proposed determination of attainment by 
the attainment date and the proposed CDD are appropriate.
    Also, the 3-year design values are lower for the time period used 
for this attainment determination compared to the time period when the 
area was designated nonattainment. The Logan, UT design value used for 
designations \2\ was 36 [mu]g/m\3\ (2006-2008). The first period when 
both the Logan, UT and Franklin, ID monitors had valid design values 
was in 2008-2010, when the Logan, UT monitor recorded a 
PM2.5 24-hour concentration of 43 [mu]g/m\3\ and the 
Franklin, ID monitor was 46 [mu]g/m\3\. In comparison, the most recent 
design value (2015-2017) is 33 [mu]g/m\3\ for the Logan, UT monitor and 
30 [mu]g/m\3\ for the Franklin, ID monitor, which shows attainment. 
Moreover, since being designated as a Moderate nonattainment area in 
2009, Utah and Idaho have adopted and implemented reasonably available 
control measures (RACM), including reasonably available control 
technologies (RACT), on sources of direct PM2.5 and 
PM2.5 precursors. Based on the overall trend towards 
attainment since the area was designated as nonattainment in 2009, as 
well as the implementation of RACM on sources in the nonattainment 
area, it is unlikely the area will re-violate the 24-hour 
PM2.5 NAAQS. Furthermore, as described in detail in our 
proposal notice, should the area subsequently violate the 24-hour 
PM2.5 NAAQS, in accordance with 40 CFR 51.1015(a)(2), the 
EPA would rescind the CDD, and Utah and Idaho would be obligated to 
submit a SIP revision to address any deficiencies. Therefore, the EPA 
is finalizing our action as proposed.
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    \2\ November 13, 2009 (74 FR 58688).
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III. Final Action

    Pursuant to CAA section 188(b)(2), the EPA is finalizing a 
determination, based on the most recent 3 years (2015-2017) of valid 
data, that the Logan, UT-ID nonattainment area has attained the 2006 
primary and secondary 24-hour PM2.5 NAAQS by the December 
31, 2017 attainment date.
    In addition, the EPA is finalizing a determination that the 
obligation to submit any remaining attainment-related SIP revisions 
arising from classification of the Logan, UT-ID area as a Moderate 
nonattainment area under subpart 4 of part D (of title I of the Act) 
for the 2006 24-hour PM2.5 NAAQS are not applicable under 
the Clean Data Policy for so long as the area continues to attain the 
2006 24-hour PM2.5 NAAQS. See 40 CFR 51.1015(a). In 
particular, the obligation for Utah and Idaho to submit attainment 
demonstrations, projected emissions inventories, RACM (including RACT), 
reasonable further progress (RFP) plans, motor vehicle emissions 
budgets (MVEB), quantitative milestones, and contingency measures, for 
the Logan, UT-ID area are suspended until such time as: (1) The area is 
redesignated to attainment, after which such requirements are 
permanently discharged; or (2) the EPA determines that the area has re-
violated the PM2.5 NAAQS, at which time the state shall 
submit such attainment plan elements for the Moderate nonattainment 
area by a future date to be determined by the EPA and announced through 
publication in the Federal Register at the time the EPA determines the 
area is violating the PM2.5 NAAQS.
    As discussed in the 2015 PM2.5 SIP Requirements Rule,\3\ 
the nonattainment base emissions inventory required by section 
172(c)(3) is not suspended by this determination because the base 
inventory is a requirement independent of planning for an area's 
attainment. See 81 FR 58009 at 58028 and 58127-8; 80 FR 15340 at 15441-
2. Additionally, Nonattainment New Source Review

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(NNSR) requirements are discussed in the PM2.5 SIP 
Requirements Rule, and required by CAA sections 110(a)(2)(C); 
172(c)(5); 173; 189(a); and 189(e), and are not being suspended by a 
CDD because this requirement is independent of the area's attainment 
planning. See 81 FR 58010 at 58107 and 58127.
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    \3\ On August 24, 2016, the EPA finalized the Fine Particulate 
Matter National Ambient Air Quality Standards: State Implementation 
Plan Requirements (``PM2.5 SIP Requirements Rule''), 81 
FR 58010.
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    This determination does not invalidate any prior actions that the 
EPA has made on any Moderate PM2.5 area attainment plan 
elements that were submitted by either the State of Utah or the State 
of Idaho for the Logan, UT-ID Moderate PM2.5 area attainment 
plans. This action does not preclude either state from submitting, nor 
the EPA from acting on, the suspended attainment plan elements. As a 
result of this final action, the sanctions and Federal Implementation 
Plan (FIP) clocks triggered by the partial disapproval of the 
contingency measure element of the Idaho portion of the Logan, UT-ID 
PM2.5 SIP are suspended.
    This final action does not constitute a redesignation of the Logan, 
UT-ID nonattainment area to attainment for the 2006 24-hour 
PM2.5 NAAQS under CAA section 107(d)(3) because we have not 
yet approved a maintenance plan for Logan, UT-ID as meeting the 
requirements of section 175A of the CAA or determined that the area has 
met the other CAA requirements for redesignation. The classification 
and designation status in 40 CFR part 81 remains Moderate nonattainment 
for this area until such time as the EPA determines that Utah and Idaho 
have met the CAA requirements for redesignation to attainment for the 
Logan, UT-ID nonattainment area.
    In accordance with 5 U.S.C. 553(d), the EPA finds there is good 
cause for these determinations to become effective immediately upon 
publication in the Federal Register. The expedited effective date for 
these actions is authorized under both 5 U.S.C. 553(d)(1), which 
provides that rule actions may become effective less than 30 days after 
publication if the rule ``grants or recognizes an exemption or relieves 
a restriction,'' and 5 U.S.C. 553(d)(3), which allows an effective date 
less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' As noted 
above, this determination of attainment will result in a suspension of 
the requirements for Idaho and Utah to submit attainment 
demonstrations, projected emissions inventories, RACM (including RACT), 
RFP plans, MVEB, quantitative milestones, and contingency measures, so 
long as the Logan, UT-ID area continues to attain the PM2.5 
NAAQS. Furthermore, the sanctions and FIP clocks triggered by the 
partial disapproval of the contingency measure element of the Idaho 
portion of the Logan, UT-ID PM2.5 SIP are suspended. The 
suspension of these requirements and the suspension of sanctions is 
sufficient reason to allow an expedited effective date of this rule 
under 5 U.S.C. 553(d)(1). In addition, the suspension of the 
obligations of Idaho and Utah to make submissions for these 
requirements provides good cause to make this rule effective on the 
date of publication of this action in the Federal Register, pursuant to 
5 U.S.C. 553(d)(3). The purpose of the 30-day waiting period prescribed 
in 5 U.S.C. 553(d) is to give affected parties a reasonable time to 
adjust their behavior and prepare before the final rule takes effect. 
Where, as here, the final rule suspends requirements rather than 
imposes obligations, affected parties, such as Idaho and Utah, do not 
need time to adjust and prepare before the rule takes effect.

IV. Statutory and Executive Order Reviews

    This action finalizes a determination of attainment based on air 
quality and suspends certain federal requirements, and thus would not 
impose additional requirements beyond those imposed by state law. For 
this reason, this final action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not expected to be an Executive Order 13771 (82 FR 
9339, February 2, 2017) regulatory action because this action is not 
significant under Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, 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 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).
    In addition, 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 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 18, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

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List of Subjects in 40 CFR Part 52

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

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

    Dated: September 27, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
    Dated: September 27, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-22284 Filed 10-18-18; 8:45 am]
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