[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Proposed Rules]
[Pages 26049-26053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11700]



[[Page 26049]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0063; FRL-9994-54-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Revisions to Nonattainment Permitting Regulations

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 March 27, 2014, and August 7, 2018. The submittals 
revise the portions of the Utah Administrative Code (UAC) that pertain 
to the issuance of Utah air quality permits for major sources in 
nonattainment areas. The intended effect of this proposed action is to 
bring Utah's nonattainment new source review (NNSR) permitting program 
in line with federal requirements. This action is being taken under 
section 110 of the Clean Air Act (CAA or Act).

DATES: Written comments must be received on or before July 5, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0063, to the Federal Rulemaking Portal: 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 http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the 
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 www.regulations.gov or in hard copy at the Air and Radiation 
Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. The EPA requests that if at all 
possible, 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 holidays.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Quality Planning 
Brnach, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, (303) 312-6227, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

NNSR Programs Generally

    CAA section 110(a)(2)(C) requires each SIP to include ``a program 
to provide for regulation of the modification and construction of any 
stationary source within the areas covered by the plan as necessary to 
assure that [NAAQS] are achieved, including a permit program as 
required in parts C and D of this subchapter,'' and CAA section 
172(c)(5) provides that the SIP ``shall require permits for the 
construction and operation of new or modified major stationary sources 
anywhere in the nonattainment area, in accordance with section [173].'' 
CAA section 173 lays out the requirements for obtaining a permit that 
must be included in a state's SIP-approved permit program.
    Section 51.165 in title 40 of the CFR (Permit Requirements) sets 
out the minimum plan requirements for the NNSR permitting program. 
Generally, 40 CFR 51.165 consists of a set of definitions, minimum plan 
requirements regarding procedures for determining applicability of NNSR 
and use of offsets, and minimum plan requirements regarding other 
source obligations, such as recordkeeping.
    Specifically, subparagraphs 51.165(a)(1)(i) through (xlvi) 
enumerate a set of definitions which states must either use or replace 
with definitions that a state demonstrates are more stringent or at 
least as stringent in all respects. Subparagraph 51.165(a)(2) sets 
minimum plan requirements for procedures to determine the applicability 
of the NNSR program to new and modified sources. Subparagraph 
51.165(a)(3), (a)(9) and (a)(11) set minimum plan requirements for the 
use of offsets by sources subject to NNSR requirements. Subparagraphs 
(a)(8) and (a)(10) regard precursors, and subparagraphs (a)(6) and 
(a)(7) regard recordkeeping obligations. Subparagraph 51.165(a)(4) 
allows NNSR programs to treat fugitive emissions in certain ways. 
Subparagraph 51.165(a)(5) regards enforceable procedures that apply 
after approval to construct has been granted. Subparagraph 51.165(b) 
sets minimum plan requirements for new major stationary sources and 
major modifications in attainment and unclassifiable areas that would 
cause or contribute to violations of the national ambient air quality 
standards (NAAQS.) Finally, subparagraph 51.165(f) sets minimum plan 
requirements for the use of Plant-wide Applicability Limits.
    On May 16, 2008, the EPA finalized regulations to implement the 
prevention of significant deterioration (PSD) and NNSR permitting 
programs for fine particulate matter (PM2.5). 73 FR 28321. 
Among other things, the 2008 PM2.5 NSR implementation rule 
created presumptions for NNSR permitting of PM2.5 precursors 
in PM2.5 nonattainment areas: Nitrogen oxides 
(NOX) were presumed to be a precursor that had to be 
addressed in the permitting program, while volatile organic compounds 
(VOC) and ammonia were presumed to not be precursors. Sulfur dioxide 
(SO2) was a required precursor in all cases.
    On January 4, 2013, the U.S. Court of Appeals for the District of 
Columbia Circuit, in Natural Resources Defense Council v. EPA, 706 F.3d 
428 (D.C. Cir. 2013), issued a decision that remanded the 2008 
PM2.5 NSR Implementation Rule. The court found that the EPA 
erred in implementing the PM2.5 NAAQS in these rules solely 
pursuant to the general implementation provisions of subpart 1 of part 
D of title I of the CAA, rather than pursuant to the additional 
implementation provisions specific to particulate matter nonattainment 
areas in subpart 4. In particular, subpart 4 includes section 189(e) of 
the CAA, which requires the control of major stationary sources of 
PM10 precursors (and hence under the court decision, 
PM2.5 precursors) ``except where the Administrator 
determines that such sources do not contribute significantly to 
PM10 levels which exceed the standard in the area.'' 
Accordingly, nonattainment NSR

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programs that are submitted for PM2.5 nonattainment areas 
must regulate all PM2.5 precursors, i.e., SO2, 
NOX, VOC, and ammonia, unless the Administrator determines 
that such sources of a particular precursor do not contribute 
significantly to nonattainment in the nonattainment area.
    The EPA finalized a new provision at 40 CFR 51.165(a)(13) that 
codifies this requirement, as it applies to PM2.5, in the 
federal regulations. The PM2.5 SIP Requirements Rule, 81 FR 
58010 (Aug. 24, 2016), describes three optional approaches for 
demonstrating that a particular precursor is not a significant 
contributor to ambient PM2.5 levels that exceed the standard 
in a particular nonattainment area. These three precursor 
demonstrations are: (a) Comprehensive precursor demonstration; (b) 
major stationary source precursor demonstration; and (c) NNSR precursor 
demonstration. If a state chooses to submit a precursor demonstration, 
it must do so in accordance with provisions in the final rule. A state 
may use this type of demonstration to justify that sources of the given 
precursor may be excluded from certain PM2.5 attainment plan 
requirements and/or NNSR requirements, although the particular sources 
and requirements eligible for exclusion will depend on the type of 
demonstration submitted. Section III.C of the preamble to the 
PM2.5 implementation rule also outlines certain technical 
issues, such as the appropriate geographic scope of a precursor 
demonstration, recommended significance thresholds, and recommended 
analytical approaches for evaluating precursor contributions to ambient 
PM2.5 levels and the sensitivity of PM2.5 levels 
in an area to decreases or increases of emissions. Subsequently, on 
November 16, 2016, the EPA issued a draft guidance memorandum for 
PM2.5 precursor demonstrations.\1\
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    \1\ Memorandum from Stephen D. Page, Director, Office of Air 
Quality Planning and Standards, to Regional Air Division Directors, 
``Draft PM2.5 Precursor Demonstration Guidance'' (Nov. 
17, 2016). This memorandum is available in the docket for this 
rulemaking.
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Utah's NNSR Program

    On May 10, 2001, the EPA sent Utah a letter outlining concerns with 
Utah's nonattainment permitting rules, which are codified in UAC R307-
403 (Permits: New and Modified Sources in Nonattainment Areas and 
Maintenance Areas).\2\ On August 20, 2013, with supporting 
administrative documentation submitted on September 12, 2013, Utah 
submitted revisions to their nonattainment permitting regulations, 
specifically to address the EPA-identified concerns regarding their 
nonattainment permitting regulations. 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). The August 20, 
2013 submittal also added VOC as a PM2.5 precursor to the 
NNSR program; however, the submittal did not establish a significant 
emissions rate (SER) for VOC to determine when a modification at an 
existing major source would be a major modification subject to NNSR 
review. On March 27, 2014, Utah submitted a revision to address the 
omission and establish the VOC SER.
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    \2\ This letter is available in the docket for this rulemaking.
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    As a result of the 2013 NRDC v. EPA decision and the 2016 
PM2.5 SIP Requirements Rule, including the new provision at 
40 CFR 51.165(a)(13), as well as our review of the August 20, 2013 
submittal, it became clear that Utah needed to submit further revisions 
to address remaining deficiencies in the nonattainment permitting 
program in order for the EPA to fully approve the August 20, 2013 
submittal. Among those deficiencies was the lack of an analysis 
demonstrating that sources of ammonia, as a PM2.5 precursor, 
do not contribute significantly to PM2.5 levels that exceed 
the NAAQS in nonattainment areas in the State. On September 30, 2016 
Utah submitted to EPA a letter committing to address the remaining 
deficiencies in the State's nonattainment permitting program in R307-
403 that were not addressed in the August 20, 2013 submittal, including 
revisions to R307-403-2, R307-403-3, and R307-403-4. Specifically, Utah 
committed:
    1. To either regulate ammonia as a PM2.5 precursors in 
the NNSR program or demonstrate that sources of ammonia do not 
contribute significantly to PM2.5 levels that exceed the 
NAAQS in nonattainment areas in the state, consistent with new 
provisions at 40 CFR 51.1006(a)(3);
    2. To revise R307-403-3, including R307-403-3(3), to remove the 
reference to NNSR determinations being made ``at the time of the 
source's proposed start-up date'';
    3. To revise R307-403-3, including R307-403-3(2) and R307-403-3(3), 
to specify that NNSR permit requirements are applicable to all new 
major stationary sources or major modifications located in a 
nonattainment area that are major for the pollutant for which the area 
is designated nonattainment;
    4. To revise R307-403-3, in addition to the previously adopted 
definition of lowest achievable emission rate (LAER) in R307-403-1, to 
explicitly state that it applies to all major new sources and major 
modifications for the relevant pollutants in nonattainment areas;
    5. To revise R307-403-4 to incorporate the requirements from 40 CFR 
51.165 that establish that all general offset permitting requirements 
apply for all offsets regardless of the pollutant at issue, and to 
revise the provision to impose immediate and direct general offset 
permitting requirements on all new major stationary sources or major 
modifications located in a nonattainment area that are major for the 
pollutant for which the area is designated nonattainment;
    6. To revise R307-403-4 to reference the criteria discussed in 
section IV.D. of 40 CFR 51, Appendix S; and
    7. To update R307-403 to include a new section that imposes 
requirements that address emission offsets for PM2.5 
nonattainment areas (as required in 40 CFR 51.165(a)(11)) on NNSR 
sources in Utah. Utah will revise R307-403-3, including R307-403-
3(3)(c), to cross reference this new section, as well as the 
requirements in R307-403-4, R307-403-5, and R307-403-6; and Utah 
commits to work with the Utah Air Quality Board to revise this section 
to include the requirements of CAA Section 173(c)(1) and 40 CFR 51.165 
(specifically 40 CFR 51.165(a)(3)) concerning the requirement that 
creditable reductions be calculated based on actual emissions for 
offset purposes.
    Under section 110(k)(4) of the Act, the EPA may approve a SIP 
revision based on a commitment by the state to adopt specific 
enforceable measures by a date certain, but not later than one year 
after the date of approval of the plan revision. Based on the September 
30, 2016 commitment letter, on February 3, 2017 (82 FR 918), the EPA 
conditionally approved Utah's August 20, 2013 submittal. For details of 
our analysis of the deficiencies and Utah's commitment letter, please 
see the October 31, 2016 notice for our proposed conditional approval. 
81 FR 75361.

II. Proposed Action

March 27, 2014 Submittal

    The EPA is proposing to fully approve Utah's revisions submitted on 
March 27, 2014. Utah submitted a revision to their definition of 
``significant'' in R307-403-1(4)(b), which established a SER for VOC at 
40 tons per year (tpy) in PM2.5 nonattainment areas. This 
SER is used

[[Page 26051]]

to determine whether a modification at a major source is to be 
considered major. This revision is consistent with the federal 
definition of ``significant'' in 40 CFR 51.165(a)(1)(x) and we 
therefore propose to approve it.

August 7, 2018 Submittal

    The EPA is proposing to fully approve Utah's revisions submitted on 
August 7, 2018. The EPA proposes that these changes are consistent with 
the CAA and EPA regulations for NNSR programs in 40 CFR 51.165. Please 
refer to a cross-walk table in the docket for this action which 
outlines how Utah's nonattainment permitting rules correlate with the 
requirements of 40 CFR 51.165.
    Specifically, the August 7, 2018 submittal revises R307-101-2 
(Definitions); R307-403-1 (Purpose and Definitions); R307-403-2 
(Applicability); R307-403-3 (Review of Major Sources of Air Quality 
Impact); R307-403-4 (Offsets: General Requirements); R307-403-5 
(Offsets: Particulate Matter Nonattainment Areas); R307-403-7 (Offsets: 
Baseline) and R307-403-9 (Construction in Stages). The submittal also 
provides a technical demonstration for exempting ammonia as a 
PM2.5 precursor in the Logan, UT-ID PM2.5 
nonattainment area and a technical basis for setting an ammonia SER of 
70 tpy in the Salt Lake City and Provo PM2.5 nonattainment 
areas. If the EPA finalizes a full approval of Utah's August 7, 2018 
submittal, the conditional nature of the August 20, 2013 submittal 
would, at that time, become fully approved.
    Specifically, we are proposing to approve:
R307-101-2 (Definitions) and Logan Precursor Demonstration
    The August 7, 2018 submittal revised the definition of 
``PM2.5 precursor'' in R307-101-2. Previously the definition 
stated that SO2, NOX, and VOCs were 
PM2.5 precursors. The revised definition states that 
SO2, NOX, VOCs, and ammonia are precursors in all 
PM2.5 nonattainment areas except where a demonstration 
satisfying 40 CFR 51.1006(a)(3) (i.e., a NNSR precursor demonstration) 
has, for a particular area, determined otherwise. We note that 
51.1006(a)(3)(ii) requires EPA approval before the exemption applies. 
The revision also specifically exempts ammonia as a PM2.5 
precursor for NNSR purposes in the Logan, UT-ID nonattainment area.
    In accordance with 40 CFR 51.1006(a)(3), the state submitted a 
technical demonstration that included photochemical model simulations 
to evaluate the sensitivity of PM2.5 to increases in ammonia 
emissions in the Logan nonattainment area. Specifically, Utah performed 
model sensitivity simulations to evaluate the effect of increases in 
ammonia emissions of 115 tpy from each of two hypothetical new or 
modified point sources.\3\ The two hypothetical ammonia point source 
emissions were set equal to the largest existing point source of 
ammonia in the Cache Valley and were located 15 km north and 10 km 
south of the Logan federal reference monitor site. Model simulations 
were performed using both a ground level release and elevated stack 
(254 m above ground level) release of the ammonia emissions. The added 
ammonia emissions had no effect on the modeled concentrations 
PM2.5 concentrations in the Cache Valley. This finding is 
consistent with the ambient monitoring data that showed large, excess 
ambient ammonia concentrations in the Cache Valley during 
PM2.5 episodes. The excess gas ammonia indicates that 
ammonia nitrate formation in the Cache Basin is limited by the 
availability of nitric acid and would be relatively insensitive to 
changes in ammonia emissions. The high concentrations of ammonia are 
associated with intensive livestock operations within the Cache Basin. 
Under these conditions, formation for ammonium nitrate is limited by 
the availability of nitric acid and is insensitive to increases in 
ammonia emissions.
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    \3\ Logan Moderate PM2.5 SIP NNSR Demonstration.
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    Based on the addition of all four precursors to the NNSR program, 
except for ammonia in the Logan nonattainment area, and our review of 
the submitted technical demonstration for the Logan nonattainment area, 
we propose to approve the revisions to R307-101-2.
R307-403-1 (Purpose and Definitions)
    Utah also performed model simulations to evaluate sensitivity of 
ammonium nitrate to changes in ammonia emissions in the Provo and Salt 
Lake nonattainment areas. In these basins, Utah found that ammonia 
nitrate was sensitive to 50% reductions in total emissions. This 
finding is consistent with ambient monitoring data which indicates that 
ammonia nitrate formation can sometimes be ammonia limited during 
intense inversion episodes, especially in the Salt Lake nonattainment 
area.\4\ Thus, Utah concluded that PM2.5 formation is 
sensitive to changes in ammonia emissions.\5\ Accordingly, the 
revisions to R307-403-1 specify that ammonia remains a PM2.5 
precursor in the Provo and Salt Lake nonattainment areas, and also 
specifies what emission rates are considered ``significant'' for 
ammonia as a precursor to PM2.5. The revisions to R307-401-1 
also add text clarifying the EPA's role in approving demonstrations 
satisfying 40 CFR part 51.1006(a)(3).
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    \4\ A comparison of AMoN measurements with localize, arrayed 
passive NH3 samplers in Northern Utah, presentation by Dr. Randall 
Martin and Dr. Munkh Baasandorj, available at: http://nadp.slh.wisc.edu/conf/2016/pptpdf/111_martin.pdf.
    \5\ We note that Utah did not submit modeling specifically 
showing that PM2.5 formation is sensitive to ammonia 
increases. However, the PM2.5 SIP Requirements Rule does 
not require a state to analyze precursor increases when the state is 
regulating the precursor in the NNSR program; analysis of precursor 
increases is only required when a state wants to exempt the 
precursor.
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    As discussed above, the 2016 PM2.5 SIP Requirements Rule 
provides for optional precursor demonstrations to exempt sources of the 
precursor from NNSR. In the absence of a demonstration the precursor 
(SO2, NOX, VOC, or ammonia) must be regulated in 
the NNSR program. This includes establishing a SER for each precursor 
in order to determine whether a modification at an existing major 
stationary source is a major modification and therefore subject to 
NNSR. Our regulations for NNSR contain SERs for SO2, 
NOX, and VOC; however, the EPA explained that the definition 
of ``significant'' in 40 CFR 165(a)(1)(x) does not contain a SER for 
ammonia as a precursor to PM2.5 in PM2.5 
nonattainment areas and stated that a national rulemaking to develop a 
SER for ammonia was neither warranted or effective. In the 
PM2.5 SIP Requirements Rule, the EPA finalized a provision 
that requires states that must regulate modified major stationary 
sources of ammonia to develop and submit a definition of 
``significant,'' such as an appropriate SER, for ammonia to be included 
in the state's SIP (see 40 CFR 51.165(a)(1)(x)(F)). The EPA recommended 
that states consult with the appropriate EPA Regional Office to develop 
an ammonia SER as a means of defining ``significant'' for a particular 
nonattainment area. In the PM2.5 SIP Requirements Rule, 81 
FR 51844/3, the EPA stated that the ammonia SER in a Moderate 
nonattainment area should be no greater than 100 tpy, and no greater 
than 70 tpy in a Serious PM2.5 nonattainment area. The 
rulemaking also stated that states which regulate ammonia as a 
PM2.5 precursor should submit to the EPA a technical 
justification for their ammonia SER for a nonattainment area that the

[[Page 26052]]

state includes as part of their nonattainment permitting SIP rules.
    The EPA Region 8 has worked closely with Utah in developing Utah's 
technical justification for the ammonia SER. Utah performed additional 
model simulations using the CAMx model to evaluate the sensitivity of 
PM2.5 to increases in ammonia emissions for major source 
modifications within the Provo and Salt Lake nonattainment areas.\6\ As 
described above and in more detail in the TSD, the CAMx model was 
evaluated for a January 2011 multi-day PM2.5 episode, and 
model sensitivity to ammonia was also evaluated for this episode. Utah 
added three fictitious ammonia point sources to the Salt Lake 
nonattainment area, each with increased ammonia emissions of 70 tpy, 
for a cumulative increase of 210 tpy in ammonia emissions. Utah 
evaluated the model response over the entire nonattainment area and 
found that the model grid cell with the largest increase in 
PM2.5 was 1.13 micrograms per cubic meter (ug/m\3\). This is 
less than the 1.3 ug/m\3\ significance threshold recommended in the EPA 
PM2.5 precursor guidance. Utah performed similar modeling in 
the Provo nonattainment area with 70 tpy increased emissions for two 
fictitious point sources, located close to existing major point 
sources, for a cumulative increase of 140 tpy, and found that the model 
increases in PM2.5 were below the 1.3 ug/m\3\ significance 
threshold. Thus, Utah concluded that the 70 tpy SER threshold was 
appropriate for both the Salt Lake and Provo nonattainment areas. The 
EPA finds that the Utah ammonia sensitivity modeling was performed 
consistent with EPA modeling guidance, and that the model sensitivity 
to increases in point sources of ammonia supports the 70 tpy SER 
threshold. We therefore propose to approve the 70 tpy SER and other 
revisions to R307-403-1.
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    \6\ ``Establishing an Ammonia Threshold for Major Source 
Modification,'' Utah Division of Air Quality, June 21, 2018, 
available in the docket.
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R307-403-2 (Applicability)
    Utah corrected and clarified text to ensure a more comprehensive 
application of federal nonattainment permitting requirements. Utah 
committed to revise R307-403-3, including R307-403-3(2) and R307-403-
3(3), to specify that NNSR permit requirements are applicable to all 
new major stationary sources or major modifications located in a 
nonattainment area that are major for the pollutant for which the area 
is designated nonattainment. This was addressed in revisions to R307-
403-2(10.)
R307-403-3 (Review of Major Sources of Air Quality Impact)
    As discussed above, Utah committed to: (1) Revise R307-403-3(3) to 
remove the reference to NNSR determinations being made ``at the time of 
the source's proposed start-up date''; (2) Revise R307-403-3, including 
R307-403-3(2) and R307-403-3(3), to specify that NNSR permit 
requirements are applicable to all new major stationary sources or 
major modifications located in a nonattainment area that are major for 
the pollutant for which the area is designated nonattainment; and (3) 
Revise R307-403-3, in addition to the previously adopted definition of 
lowest achievable emission rate (LAER) in R307-403-1, to explicitly 
state that LAER applies to all major new sources and major 
modifications for the relevant pollutants in nonattainment areas.
    Utah's revisions to R307-403-3 submitted on August 7, 2018 satisfy 
all of these commitments. In addition, Utah also updated the 
significance level thresholds table, adding particulate matter and 
nitrogen oxide limits, which meet the requirements in 40 CFR 
51.165(a)(13)(b).
R307-403-4 (General Offset Requirements)
    Utah committed to revise R307-403-4 to incorporate the requirements 
from 40 CFR 51.165 to establish that all general offset permitting 
requirements apply for all offsets regardless of the pollutant at 
issue, and to revise the provision to impose immediate and direct 
general offset permitting requirements on all new major stationary 
sources or major modifications located in a nonattainment area that are 
major for the pollutant for which the area is designated nonattainment. 
Utah's revisions to R307-403-3 submitted on August 7, 2018, satisfy 
this commitment. Utah also committed to add a section to their 
nonattainment rules which address emission offset requirements for 
PM2.5 nonattainment areas, as required in 40 CFR 
51.165(a)(11.) This new section was added to R307-403-5.
R307-403-5 (Offsets: Particulate Matter Nonattainment Areas)
    Previously, this section addressed emission offsets for 
PM10 nonattainment areas. The August 7, 2018 revision(?) 
adds a new section to R307-403-5 to address emission offset 
requirements for PM2.5 nonattainment areas. In addition, the 
text was amended and slightly reorganized to clarify the distinction 
between the PM10 and PM2.5 offset requirements.
    The new PM2.5 section (R307-403-5(2)) addresses the new 
PM2.5 requirements set out in the PM2.5 SIP 
Requirements Rule as they apply to offsets. First, the section 
reiterates the major stationary source threshold at 100 tpy and 70 tpy 
of PM2.5 or a PM2.5 precursor (as specified by 
the provisions above; i.e., SO2, NOX, and VOC in 
the Logan, UT-ID area and SO2, NOX, VOC, and 
ammonia in the Salt Lake and Provo areas), respectively, for Moderate 
and Serious PM2.5 nonattainment areas. Second, it reiterates 
the SERs discussed above for PM2.5 (i.e., 10 tpy direct 
PM2.5, 40 tpy SO2, 40 tpy NOX, 40 tpy 
VOC, and, in the Salt Lake and Provo nonattainment areas, 70 tpy 
ammonia). This section then requires new major stationary sources and 
major modifications to obtain offsets at a ratio of 1:1 (or at a more 
stringent ozone or PM10 offset ratio if one applies) and 
does not allow interpollutant trading. We propose to approve the 
revisions to R307-403-5 as consistent with the requirements for 
applicability and offsets found in 40 CFR 51.165.
R307-403-7 (Offsets: Baseline)
    Utah's submittal clarifies the requirement that credit for 
reductions for offset purposes (in accordance with CAA Section 
173(c)(1) and 40 CFR 51.165(a)(3)) should be calculated based on actual 
emissions. The revisions to R307-403-7 adds the sentence: ``The offset 
baseline shall be the actual emissions, as defined in R307-401-2, of 
the source from which credits are obtained.'' This sentence is 
essentially identical to the last sentence in 40 CFR 51.165(a)(3), 
except it refers to a separate definition of ``actual emissions.'' This 
separate definition of ``actual emissions'' in R307-401-2 is identical 
to that in 40 CFR 51.165. We therefore propose to approve this 
revision.
R307-403-9 (Construction in Stages)
    The previous version of R307-403-9 provided that for a source 
constructed in stages, each of which have a potential to emit (PTE) 
below 100 tpy, the allowable emissions for each stage would be added 
together to determine NNSR applicability. Utah revised this section to 
replace 100 tpy with ``the significance level for determining a major 
source'' to reflect that the reclassification to Serious for two areas 
has changed the relevant thresholds. We propose to approve this change.

[[Page 26053]]

III. Consideration of Section 110(l) of the CAA

    Under section 110(l) of the CAA, the EPA cannot approve a SIP 
revision if the revision would interfere with any applicable 
requirements concerning attainment and reasonable further progress 
(RFP) toward attainment of the NAAQS, or any other applicable 
requirement of the Act. In addition, section 110(l) requires that each 
revision to an implementation plan submitted by a state shall be 
adopted by the state after reasonable notice and public hearing.
    The Utah SIP revisions that the EPA is proposing to approve do not 
interfere with any applicable requirements of the Act. The revisions to 
R307-101-2 and R307-403 submitted by Utah on March 27, 2014, and August 
7, 2018, do not relax any existing requirements and are intended to 
meet applicable requirements of the Act. Therefore, CAA section 110(l) 
requirements are satisfied.

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 Utah 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 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 CAA, 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 CAA. 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 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 an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted 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 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, 
Incorporation by reference, Intergovernmental relations, Greenhouse 
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

     May 30, 2019.
Debra Thomas,
Acting Regional Administrator, EPA Region 8.
[FR Doc. 2019-11700 Filed 6-4-19; 8:45 am]
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