[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Rules and Regulations]
[Pages 35831-35833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15795]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0063; FRL-9996-96-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; Revisions to Nonattainment Permitting Regulations
AGENCY: Environmental Protection Agency (EPA).
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 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. This action is being taken under the
Clean Air Act (CAA or Act).
DATES: This final rule is effective on August 26, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0063. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (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: Kevin Leone, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6227, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The EPA is taking final action to fully approve two revisions
submitted by the State of Utah on March 27, 2014, and August 7, 2018.
The EPA published a proposed rulemaking for these submittals on June 5,
2019 (84 FR 26049). As stated in our proposed rulemaking, Utah
submitted revisions to their nonattainment New Source Review (NNSR)
permitting program on August 20, 2013. The August 20, 2013 submittal
added volatile organic compounds (VOCs) as a fine particulate matter
(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.
The EPA determined that Utah needed to submit further revisions to
address the remaining deficiencies in the NNSR permitting program in
order for the EPA to fully approve Utah's August 20, 2013 submittal.
These deficiencies are outlined in our proposed rulemaking.
On September 30, 2016 Utah submitted to the 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 (see docket). 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. On October 5,
2017 (82 FR 46417), we approved a June 29, 2017 submittal that, among
other things, addressed the deficiency in R307-403-6 identified in our
conditional approval.
On August 7, 2018, Utah submitted further revisions to address the
remaining deficiencies in their NNSR program. This submittal also
provides a technical demonstration for exempting ammonia as a
PM2.5 precursor in the Logan, Utah-Idaho PM2.5
nonattainment areas and a technical basis for setting an ammonia SER of
70 tons per year in the Salt Lake City and Provo PM2.5
nonattainment areas.
We provided a detailed explanation of the basis for our proposed
approval in our June 5, 2019, rulemaking, which will not be restated
here. See 84 FR 26049. We invited comment on all aspects of our
proposal and provided a 30-day comment period. The comment period ended
on July 5, 2019.
II. Response to Comments
We received no comments during the public comment period.
III. Final Action
As outlined in our proposed rulemaking, the EPA is taking final
action to approve the addition of new and revised rules and renumbering
to rules R307-101 and R307-403 that were submitted by Utah on March 27,
2014 and August 7, 2018. This final action, in tandem with our October
5, 2017 approval of R307-403-6, converts the
[[Page 35832]]
February 3, 2017 conditional approval to a full approval.
Specifically, we are taking final action to approve the following
revisions: R307-101 (General Requirements)--R307-101-2 (Definitions);
R307-403 (Permits: New and Modified Sources in Nonattainment Areas and
Maintenance Areas)--R307-403-1 (Purpose and Definitions): R307-403-
1(1)-(3), R307-403-1(4)(b), R307-403-1(4)(c); R307-403-2
(Applicability): R307-403-2(1), R307-403-2(6)(d); R307-403-2(10); R307-
403-2(10)(a)-(c); R307-403-2(13); R307-403-3 (Review of Major Sources
of Air Quality Impact): R307-403-3, R307-403-3(1), R307-403-3(3), R307-
403-3(3)(a), R307-403-3(c), R307-403-3(d), R307-403-3(3)(e); R307-403-4
(Offsets: General Requirements): R307-403-4(1), R307-403-4(2), R307-
403-4(3), R307-403-4(4); R307-403-5 (Offsets: Particulate Matter
Nonattainment Areas): R307-403-5(1), R307-403-5(1)(a), R307-403-
5(1)(b), R307-403-5(1)(c), R307-403-5(1)(d), R307-403-5(1)(e), R307-
403-5(2), R307-403-5(2)(a), R307-403-5(2)(b), R307-403-5(2)(b)(i)-
(iii), R307-403-5(2)(d), R307-403-5(4)(a), R307-403-5(4)(b), R307-403-
5(4)(d), R307-403-5(e), R307-403-5(f); R307-403-7 (Offsets: Baseline);
and R307-403-9 (Construction in Stages).
IV. Incorporation by Reference
In this document, 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
State of Utah's revisions to its State Implementation Plan as described
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). 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 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 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, 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 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 September 23, 2019. 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: July 19, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart TT--Utah
0
2. Section 52.2320(c) is amended in the table:
[[Page 35833]]
0
a. Under the centered heading ``R307-101. General Requirements,'' by
revising the entry for ``R307-101-2.''
0
b. Under the centered heading ``R307-403. Permits: New and Modified
Sources in Nonattainment Areas and Maintenance Areas'':
0
i. By revising the entries for ``R307-403-1'' and ``R307-403-2;''
0
ii. By adding in numerical order entries for ``R307-403-3;'' ``R307-
403-4;'' and ``R307-403-5;''
0
iii. By revising the entry for ``R307-403-6;''
0
iv. By adding in numerical order entries for ``R307-403-7'' and ``R307-
403-9;'' and
0
v. By revising the entries for ``R307-403-10'' and ``R307-403-11.''
The revisions and additions read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State
Rule No. Rule title effective Final rule citation, Comments
date date
----------------------------------------------------------------------------------------------------------------
R307-101. General Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R307-101-2................. Definitions.......... 08/02/2018 [Insert Federal
Register citation],
7/25/2019..
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R307-403-1................. Purpose and 08/02/2018 [Insert Federal
Definitions. 12/04/2013 Register citation],
7/25/2019.
R307-403-2................. Applicability........ 08/02/2018 [Insert Federal
Register citation],
7/25/2019.
R307-403-3................. Review of Major 08/02/2018 [Insert Federal
Sources of Air Register citation],
Quality Impact. 7/25/2019.
R307-403-4................. Offsets: General 08/02/2018 [Insert Federal
Requirements. Register citation],
7/25/2019.
R307-403-5................. Offsets: Particulate 08/02/2018 [Insert Federal
Matter Nonattainment Register citation],
Areas. 7/25/2019.
R307-403-6................. Offsets: Ozone 08/02/2018 [Insert Federal
Nonattainment Areas. Register citation],
7/25/2019.
R307-403-7................. Offsets: Baseline.... 08/02/2018 [Insert Federal
Register citation],
7/25/2019.
R307-403-9................. Construction in 08/02/2018 [Insert Federal
Stages. Register citation],
7/25/2019.
R307-403-10................ Analysis of 08/02/2018 [Insert Federal
Alternatives. Register citation],
7/25/2019.
R307-403-11................ Actual PALS.......... 08/02/2018 [Insert Federal
Register citation],
7/25/2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-15795 Filed 7-24-19; 8:45 am]
BILLING CODE 6560-50-P