[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]
[[Page 51055]]
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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]
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