[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Rules and Regulations]
[Pages 10989-10993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03022]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R08-OAR-2019-0276; FRL-10004-94-Region 8]


Approval and Promulgation of Implementation Plans; State of Utah; 
Salt Lake County, Utah County, and Ogden City PM10 Redesignation to 
Attainment, Designation of Areas for Air Quality Planning Purposes and 
State Implementation Plan Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State Implementation Plan (SIP) revisions submitted by the State of 
Utah on January 4, 2016, which include revisions to Utah's Division of 
Administrative Rule (DAR) R307-110-10 and maintenance plans for the 
Salt Lake County, Utah County, and Ogden City nonattainment areas 
(NAAs) for particulate matter with an aerodynamic diameter less than or 
equal to a nominal 10 microns (PM10), and on March 6, 2019, 
which include PM10 redesignation requests and supplemental 
information

[[Page 10990]]

for Salt Lake County, Utah County and Ogden City. These submittals 
demonstrated that the Salt Lake County, Utah County and Ogden City 
areas have attained the PM10 National Ambient Air Quality 
Standards (NAAQS), request redesignation to attainment, and include 
maintenance plans for the areas demonstrating attainment for fifteen 
years. Also, the EPA is approving Utah's February 27, 2017 submittal, 
which includes rule revisions to address our October 19, 2016 
conditional approval of Utah's DAR R307-302 revisions that were 
submitted May 9, 2013, May 20, 2014 and September 8, 2015. 
Additionally, the EPA is approving SIP revisions submitted by the State 
of Utah on February 15, 2019, with additional non-substantive changes 
submitted on July 1, 2019, August 20, 2019, and October 15, 2019, which 
includes revisions that are located in DAR R307-110-17 and SIP 
Subsections IX.H.1-2. We are also approving the transportation 
conformity motor vehicle emissions budgets (MVEB), for each of the 
three maintenance areas, as described in our proposed rule. The EPA is 
taking this action pursuant to the Clean Air Act (CAA or the Act).

DATES: This rule is effective on March 27, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2019-0276. 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-IO, 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 November 21, 2019 (84 FR 64245), the EPA proposed to approve the 
Governor of Utah's January 4, 2016 submission, that contains revisions 
to R307-110-10 (Control Measures for Area and Point Sources, Part A, 
Fine Particulate Matter) and the PM10 maintenance plans for 
Salt Lake County, Utah County and Ogden City PM10 NAAs. We 
also proposed to approve the Governor of Utah's March 6, 2019 
submittal, that contains the redesignation requests for the Salt Lake 
County, Utah County and Ogden City PM10 NAAs to attainment 
for the 1987 p.m.10 standards and provided supplemental 
information. We used the 2016-2018 ambient air quality data from Salt 
Lake County, Utah County and Ogden City NAAs as the basis for our 
decision. In addition, we proposed approval of the emissions 
inventories found within the maintenance plans to cover the one element 
of the Moderate PM10 nonattainment SIP that was not 
suspended with the EPA's January 7, 2013 clean data determination (CDD) 
for the Ogden City NAA.
    We also proposed approval of R307-110-17 (Control Measures for Area 
and Point Sources, Part H, Emission Limits and Operating Practices) and 
revisions for Section IX.H.1 and 2 that were submitted on February 15, 
2019, and with non-substantive changes submitted on July 1, 2019, 
August 20, 2019 and October 15, 2019. Additionally, we proposed 
approval of the revisions in R307-302 (Solid Fuel Burning Devices) for 
incorporation into the Utah SIP as submitted by the State of Utah on 
May 9, 2013, May 20, 2014, September 8, 2015 and February 27, 2017.

II. Response to Comments

    The EPA received five comments on the proposed action and the 
comments can be found in the docket: EPA-R08-OAR-2019-0276. The Center 
for Biological Diversity (CBD) and Western Resource Advocates (WRA) 
submitted a request to extend the comment period to January 22, 2020. 
The EPA carefully reviewed this request and maintained the original 
December 23, 2019 deadline for submitting comments. The CBD and WRA did 
not submit any additional comments by the December 23, 2019 deadline.
    The other four comments included two anonymous comments in 
agreement with the EPA's proposed rule. Another comment was from the 
Utah Petroleum Association in agreement with the EPA's proposed rule. 
Finally, the last comment was anonymous but only contained a partial 
docket number and other random information. The EPA reviewed this 
comment and has determined that it falls outside the scope of our 
proposed action and fails to identify any material issue necessitating 
a response.

III. Final Action

    No comments were submitted that changed our assessment of our 
proposed action. For the reasons stated in our proposed rule, we are 
finalizing approval of the Governor of Utah's submittal of January 4, 
2016, that contains revisions to R307-110-10 and the PM10 
maintenance plans for Salt Lake County, Utah County and Ogden City 
PM10 NAAs. We are finalizing approval of the Governor of 
Utah's submittal of March 6, 2019, that contains the redesignation 
requests for the Salt Lake County, Utah County and Ogden City 
PM10 NAAs to attainment for the 1987 p.m.10 
standards and provided supplemental information. We used the 2016-2018 
ambient air quality data from Salt Lake County, Utah County and Ogden 
City NAAs as the basis for our decision. In addition, we are finalizing 
approval of the emissions inventories found within the maintenance 
plans to cover the one element of the Moderate PM10 
nonattainment SIP that was not suspended with the CDD for the Ogden 
City NAA.
    We are finalizing this redesignation request, the maintenance 
plans, and R307-110-10 revisions because the Utah Division of Air 
Quality (UDAQ) has adequately addressed all of the requirements of the 
Act for redesignation to attainment applicable to the Salt Lake County, 
Utah County and Ogden City PM10 NAAs. Upon the effective 
date of this final rule, the Salt Lake County, Utah County and Ogden 
City areas designation status under 40 CFR part 81 will be revised to 
attainment.
    We are also finalizing approval of R307-110-17 and revisions for 
Section IX.H.1 and 2 that were submitted on February 15, 2019, and with 
non-substantive changes submitted on July 1, 2019, August 20, 2019 and 
on October 15, 2019. Additionally, we are finalizing approval of the 
revisions in R307-302 for incorporation into the Utah SIP as submitted 
by the State of Utah on May 9, 2013, May 20, 2014, September 8, 2015 
and February 27, 2017. This final rule will complete the EPA's October 
19, 2016 (81 FR 71988) conditional approval action on the May 9, 2013, 
May 20, 2014 and September 8, 2015 submittals for R307-302 from UDAQ. 
We are also approving the transportation conformity MVEBs, for each of 
the three maintenance areas, as described in our proposed rule.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes

[[Page 10991]]

incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of R307-110-
10; R307-110-17; R307-302; Section IX.H.1 and 2; maintenance plans for 
Salt Lake County, Utah County and Ogden City PM10 NAAs; and 
the Governor of Utah's redesignation requests for Salt Lake County, 
Utah County and Ogden City PM10 NAAs to attainment. 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 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 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. 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 April 27, 2020. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: February 10, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart TT--Utah

0
2. In Sec.  52.2320:
0
a. In the table in paragraph (c):
0
i. Revise the entries ``R307-110-10'' and ``R307-110-17''.
0
ii. Revise the center heading for ``R307-302'' and entries ``R307-302-
01'', ``R307-302-02'', ``R307-302-03'', ``R307-302-04'', ``R307-302-
05'', and ``R307-302-06''.
0
b. In the table in paragraph (e):
0
i. Revise the entries ``Section IX.H.1. General Requirements: Control 
Measures for Area and Point Sources, Emission Limits and Operating 
Practices, PM10 Requirements'' and ``Section IX.H.2. Source 
Specific Emission Limitations in Salt Lake County PM10 
Nonattainment/Maintenance Area''.
0
ii. Remove the entries for ``Salt Lake County Particulate Matter 
(PM-10) Attainment Plan Summary'' and ``Utah County 
Particulate Matter (PM-10) Attainment Plan Summary'' and add 
in their places the entries ``Salt Lake County Particulate Matter 
(PM10) Attainment Plan Summary'' and ``Utah County 
Particulate Matter (PM10) Attainment Plan Summary'', 
respectively.

[[Page 10992]]

0
iii. Add the entry ``Ogden City Particulate Matter (PM10) 
Attainment Plan Summary'' at the end of the table.
    The revisions and additions read as follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                         State       Final rule citation,
          Rule No.                 Rule title       effective date           date                 Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            R307-110. General Requirements: State Implementation Plan
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
R307-110-10................  Section IX. Control         12/3/2015  [insert Federal
                              Measures for Area                      Register citation],
                              and Point Sources,                     2/26/2020.
                              Part A, Fine
                              Particulate Matter.
 
                                                  * * * * * * *
R307-110-17................  Section IX, Control          1/3/2019  [insert Federal        Except for Section
                              Measures for Area                      Register citation],    IX.H.21.e. which is
                              and Point Sources,                     2/26/2020.             conditionally
                              Part H, Emission                                              approved through one
                              Limits.                                                       year 7/5/16,
                                                                                            IX.H.21.g., Sections
                                                                                            of IX.H.21 that
                                                                                            reference and apply
                                                                                            to the source
                                                                                            specific emission
                                                                                            limitations
                                                                                            disapproved in
                                                                                            Section IX.H.22, and
                                                                                            Sections
                                                                                            IX.H.22.a.ii-iii,
                                                                                            IX.H.22.b.ii, and
                                                                                            IX.H.22.c.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      R307-302. Solid Fuel Burning Devices
----------------------------------------------------------------------------------------------------------------
R307-302-1.................  Purpose and                  2/1/2017  [insert Federal
                              Definitions.                           Register citation],
                                                                     2/26/2020.
R307-302-2.................  Applicability........        2/1/2017  [insert Federal
                                                                     Register citation],
                                                                     2/26/2020.
R307-302-3.................  No-Burn Periods for          2/1/2017  [insert Federal
                              Particulates.                          Register citation],
                                                                     2/26/2020.
R307-302-4.................  No-Burn Periods for          2/1/2017  [insert Federal
                              Carbon Monoxide.                       Register citation],
                                                                     2/26/2020.
R307-302-5.................  Opacity and                  2/1/2017  [insert Federal
                              Prohibited Fuels for                   Register citation],
                              Heating Appliances.                    2/26/2020.
R307-302-6.................  Prohibition..........        2/1/2017  [insert Federal
                                                                     Register citation],
                                                                     2/26/2020.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                           State
             Rule title               effective date    Final rule citation, date             Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 IX. Control Measures for Area and Point Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section IX.H.1. General                     1/3/2019  [insert Federal Register
 Requirements: Control Measures for                    citation], 2/26/2020.
 Area and Point Sources, Emission
 Limits and Operating Practices,
 PM10 Requirements.
Section IX.H.2. Source Specific             1/3/2019  [insert Federal Register
 Emission Limitations in Salt Lake                     citation], 2/26/2020.
 County PM10 Nonattainment/
 Maintenance Area.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                Maintenance Plans
----------------------------------------------------------------------------------------------------------------
 

[[Page 10993]]

 
                                                  * * * * * * *
Salt Lake County Particulate Matter        12/3/2015  [insert Federal Register
 (PM10) Attainment Plan Summary.                       citation], 2/26/2020.
Utah County Particulate Matter             12/3/2015  [insert Federal Register
 (PM10) Attainment Plan Summary.                       citation], 2/26/2020.
Ogden City Particulate Matter (PM10)       12/3/2015  [insert Federal Register
 Attainment Plan Summary.                              citation], 2/26/2020.
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
4. In Sec.  81.345, the table titled ``UTAH--PM-10'' is amended by 
revising the entries ``Salt Lake County'', ``Utah County'', and ``Ogden 
Area Weber County (part) City of Ogden'' to read as follows:


Sec.  81.345  Utah.

* * * * *

UTAH--PM-10

----------------------------------------------------------------------------------------------------------------
                                               Designation                            Classification
        Designated area         --------------------------------------------------------------------------------
                                      Date                 Type                Date                Type
----------------------------------------------------------------------------------------------------------------
Salt Lake County...............       3/27/2020  Attainment.............
Utah County....................       3/27/2020  Attainment.............
Ogden Area Weber County (part)        3/27/2020  Attainment.............
 City of Ogden.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-03022 Filed 2-25-20; 8:45 am]
BILLING CODE 6560-50-P