[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]


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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.

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

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                                                         State
          Rule No.                 Rule title          effective     Final rule citation,         Comments
                                                         date                date
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                                         R307-101. General Requirements
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                                                  * * * * * * *
R307-101-2.................  Definitions..........      08/02/2018  [Insert Federal
                                                                     Register citation],
                                                                     7/25/2019..
 
                                                  * * * * * * *
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            R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas
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                                                  * * * * * * *
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.
 
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[FR Doc. 2019-15795 Filed 7-24-19; 8:45 am]
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