[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57731-57733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18780]



40 CFR Part 52

[EPA-R08-OAR-2019-0643; FRL-10013-92-Region 8]

Air Quality State Implementation Plans; Approval and Promulgation 
of Implementation Plans; Utah; Infrastructure Requirements for the 2015 
Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving 
multiple elements of the infrastructure State Implementation Plan (SIP) 
requirements for the 2015 ozone National Ambient Air Quality Standard 
(NAAQS) for Utah, along with taking no action on three Utah 
infrastructure SIP elements. The EPA is approving Utah's January 29, 
2020 SIP submission for the following Clean Air Act (CAA) section 

[[Page 57732]]

infrastructure elements for the 2015 ozone NAAQS: (A), (B), (C), 
(D)(i)(II) Prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and 
(M). The EPA is not proposing any action in this rule on elements 
(D)(i)(I) (Prongs 1 and 2), and (D)(i)(II) (Prong 4). The EPA is taking 
this action pursuant to the CAA.

DATES: This rule is effective on October 16, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2019-0643. 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 

FOR FURTHER INFORMATION CONTACT: Kate Gregory, telephone number: (303) 
312-6175, email address: [email protected]. Mail can be directed to 
the Air and Radiation Division, U.S. EPA, Region 8, Mail-code 8ARD-QP, 
1595 Wynkoop Street, Denver, Colorado 80202-1129.

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

I. Background

    On March 12, 2008, the EPA promulgated a new NAAQS for ozone, 
revising the levels of primary and secondary 8-hour ozone standards 
from 0.08 parts per million (ppm) to 0.075 ppm.\1\ More recently, on 
October 1, 2015, the EPA revised the NAAQS for ozone, further 
strengthening the primary and secondary 8-hour standards to 0.070 
ppm.\2\ The October 1, 2015 standards are known as the 2015 ozone 

    \1\ Final rule, National Ambient Air Quality Standards for 
Ozone, 73 FR 16436, 16483.
    \2\ Final rule, National Ambient Air Quality Standards for 
Ozone, 80 FR 65292, 65362.

    Section 110(a)(1) of the CAA directs each state to make an 
infrastructure SIP submission to the EPA within 3 years of promulgation 
of a new or revised NAAQS. Infrastructure requirements for SIPs are 
provided in section 110(a)(1) and (2) of the CAA. Section 110(a)(2) 
lists the specific infrastructure elements that a SIP must contain or 
satisfy. The elements that are the subject of this action are described 
in detail in our notice of proposed rulemaking (NPRM) published on June 
1, 2020 for the State of Utah's infrastructure SIP revision, which was 
submitted to the EPA on January 29, 2020.\3\

    \3\ See Proposed Rule, Promulgation of State Implementation Plan 
Revisions; Infrastructure Requirements for the 2015 Ozone National 
Ambient Air Quality Standards; Utah, 85 FR 33052, 33053-33058.

    Comments on our June 1, 2020 NPRM were due on or before July 1, 
2020. We received no comments on the proposal.

II. Final Action

    In this rulemaking, we are approving multiple elements of the 
infrastructure SIP requirements for the 2015 ozone NAAQS for Utah; we 
are taking no action here on three infrastructure SIP elements. The 
actions we are approving are contained in Table 1 below. The EPA is 
approving Utah's January 29, 2020 SIP submission for the following CAA 
section 110(a)(2) infrastructure elements for the 2015 ozone NAAQS: 
(A), (B), (C), (D)(i)(II) Prong 3, (D)(ii), (E), (F), (G), (H), (J), 
(K), (L), and (M). The EPA is taking no action in this rule on elements 
(D)(i)(I) (Prongs 1 and 2) and (D)(i)(II) (Prong 4).

       Table 1--Infrastructure Elements that the EPA is Acting on
           2015 Ozone NAAQS Infrastructure SIP Elements: Utah
(A): Emission Limits and Other Control Measures............           A
(B): Ambient Air Quality Monitoring/Data System............           A
(C): Program for Enforcement of Control Measures...........           A
(D)(i)(I): Prong 1 Interstate Transport--significant                 NA
(D)(i)(I): Prong 2 Interstate Transport--interference with           NA
(D)(i)(II): Prong 3 Interstate Transport--prevention of               A
 significant deterioration.................................
(D)(i)(II): Prong 4 Interstate Transport--visibility.......          NA
(D)(ii): Interstate and International Pollution Abatement..           A
(E): Adequate Resources....................................           A
(F): Stationary Source Monitoring System...................           A
(G): Emergency Episodes....................................           A
(H): Future SIP revisions..................................           A
(J): Consultation with Government Officials, Public                   A
 Notification, PSD and Visibility Protection...............
(K): Air Quality and Modeling/Data.........................           A
(L): Permitting Fees.......................................           A
(M): Consultation/Participation by Affected Local Entities.           A
Key: \4\
\4\ A--Approve.
NA--No Action.

III. 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, 

[[Page 57733]]

     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. Accordingly, 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. 
    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 November 16, 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 in 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 

    Dated: August 20, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:


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

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

Subpart TT--Utah

2. Amend Sec.  52.2355 by adding paragraph (e) to read as follows:

Sec.  52.2355  Section 110(a)(2) infrastructure requirements.

* * * * *
    (e) Gary R. Herbert, Governor, State of Utah, provided submissions 
to meet the infrastructure requirements for the State of Utah for the 
2015 ozone NAAQS on January 29, 2020. The State's Infrastructure SIP is 
approved with respect to the 2015 ozone NAAQS for the following CAA 
section 110(a)(2) infrastructure elements: (A), (B), (C), (D)(i)(II) 
Prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).

[FR Doc. 2020-18780 Filed 9-15-20; 8:45 am]