[Federal Register Volume 84, Number 188 (Friday, September 27, 2019)]
[Rules and Regulations]
[Pages 51055-51056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20380]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0081; FRL-9999-66-Region 8]


Clean Data Determination; Salt Lake City, Utah 2006 Fine 
Particulate Matter Standards Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a 
clean data determination (CDD) for the 2006 24-hour fine particulate 
matter (PM2.5) Salt Lake City, Utah, (UT) nonattainment area 
(NAA). The proposed determination is based upon quality-assured, 
quality-controlled, and certified ambient air monitoring data for the 
period 2016-2018, available in the EPA's Air Quality System (AQS) 
database, showing the area has monitored attainment of the 2006 24-hour 
PM2.5 National Ambient Air Quality Standards (NAAQS). Based 
on our proposed determination that the Salt Lake City, UT NAA is 
currently attaining the 24-hour PM2.5 NAAQS, the EPA is also 
proposing to determine that the obligation for Utah 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.

DATES: This rule is effective on October 28, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2019-0081. 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., 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 and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver, 
Colorado, 80202-1129, (303) 312-6602, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    On June 5, 2019 (84 FR 26053), we published a notice proposing a 
CDD for the 2006 24-hour PM2.5 Salt Lake City, UT NAA and 
requested comments by July 5, 2019. Specifically, the proposed 
determination was based upon quality-assured, quality-controlled, and 
certified ambient air monitoring data for the period 2016-2018, 
available in the AQS database, showing the area has attained the 2006 
24-hour PM2.5 NAAQS. Based on our proposed determination 
that the Salt Lake City, UT NAA is currently attaining the 24-hour 
PM2.5 NAAQS, the EPA also proposed to determine that the 
obligation for Utah to make submissions to meet certain CAA 
requirements related to attainment of the NAAQS for this area is not 
applicable for as long as the area continues to attain the NAAQS.
    We received a request from the Center for Biological Diversity to 
extend the comment period and, in response, we extended the comment 
period to July 22, 2019 (84 FR 29455).

II. Response to Comments

    The EPA received a total of six comments on the proposed action 
prior to the close of the public comment period. The first comment was 
from the Center for Biological Diversity (requesting an extended 
comment period), the second and third comments were from named 
individuals, the fourth comment was anonymous, the fifth comment was 
from the Utah Petroleum Association (UPA), and the sixth comment was 
from the Center for Biological Diversity, HEAL Utah, and Western 
Resource Advocates. Our Response to Comments document in the docket for 
this action contains a summary of the comments and the EPA's responses. 
The full text of the public comments, as well as all other documents 
relevant to this action, are available in the docket (EPA-R08-OAR-2019-
0081).

III. Final Action

    No comments were submitted that changed our assessment of the 
adequacy of the proposed CDD for the Salt Lake City PM2.5 
NAA. For the reasons stated in our proposed notice the EPA is 
finalizing a CDD for the 2006 24-hour PM2.5 Salt Lake City, 
UT NAA based on the area's current attainment of the standard. Pursuant 
to 40 CFR 51.1015(a) and (b), the EPA is determining that the 
obligation to submit any remaining attainment-related state 
implementation plan (SIP) revisions arising from classification of the 
Salt Lake City, UT area as a Moderate NAA and subsequent 
reclassification as a Serious NAA under subpart 4 of part D (of title I 
of the Act) for the 2006 24-hour PM2.5 NAAQS is not 
applicable for so long as the area continues to attain the 2006 24-hour 
PM2.5 NAAQS. In particular, as discussed in the proposed 
action (84 FR 3373), the obligation for Utah to submit attainment 
demonstrations, projected emissions inventories, reasonably available 
control measures (including reasonably available control technology), 
reasonable further progress plans, motor vehicle emissions budgets, 
quantitative milestones, and contingency measures, for the Salt Lake 
City, UT 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 and Serious NAA 
plans 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.
    The CDD does not suspend Utah's obligation to submit CAA 
requirements not related to demonstrating attainment, which includes 
the base-year emission inventory, nonattainment new source review 
revisions, and best available control measures/best available control 
technology. This action does not constitute a redesignation to 
attainment under CAA section 107(d)(3).

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.);

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     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 November 26, 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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: September 16, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.
[FR Doc. 2019-20380 Filed 9-26-19; 8:45 am]
 BILLING CODE 6560-50-P