[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Proposed Rules]
[Pages 17762-17764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06844]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R08-OAR-2020-0098; FRL-10021-83-Region 8]


Approval and Promulgation of Implementation Plans; State of Utah; 
Salt Lake City and Provo, Utah PM2.5 Redesignations to Attainment and 
Utah State Implementation Plan Revisions; Availability of Supplemental 
Information and Reopening of the Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; availability of supplemental information and 
reopening of the comment period.

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SUMMARY: On November 6, 2020, the Environmental Protection Agency (EPA) 
published a notice of proposed rulemaking to approve redesignation of 
the Salt Lake City, Utah and Provo, Utah nonattainment areas (NAAs) to 
attainment for the 2006 24-hour fine particulate matter with an 
aerodynamic diameter less than or equal to a nominal 2.5 microns 
(PM2.5) National Ambient Air Quality Standard (NAAQS), and 
also acted on multiple related State Implementation Plan (SIP) 
submissions. We also proposed to approve SIP revisions submitted by the 
State of Utah on January 19, 2017; April 19, 2018; February 4 and 15, 
2019; and January 13, May 21, and July 21, 2020. These SIP submissions 
include revisions to Utah Administrative Code (UAC) Sections R307-110, 
R307-200, and R307-300 Series; revisions to Utah SIP Sections X.B and 
E; revisions to Utah SIP Sections IX.H.11, 12, and 13; best available 
control measures/best available control technologies (BACM/BACT) 
PM2.5 determinations for Salt Lake City and Provo; 
maintenance plans for the Salt Lake City and Provo areas for 
PM2.5; and the request for redesignation under the 2006 24-
hour PM2.5 standard. Additionally, the EPA proposed to 
approve, through parallel processing, a request to remove startup and 
shutdown emission limits for Kennecott's Power Plant in the Utah SIP 
and the accompanying R307-110-17 revisions (draft dated October 9, 
2020). Due to an administrative error, two supporting documents were 
left out of the docket during the initial comment period from November 
6, 2020 to December 7, 2020. Thus, the EPA is providing an additional 
30 days for public comment on these two supporting documents. In this 
document, we are not requesting comments on any other part of the 
November 6, 2020 notice of proposed rulemaking. The EPA is taking this 
action pursuant to the Clean Air Act (CAA or the Act).

DATES: Written comments must be received on or before May 6, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2020-0098, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.regulations.gov. The EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. 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, will be publicly available only in hard copy. 
Publicly available docket materials are available electronically in 
www.regulations.gov. To reduce the risk of COVID-19 transmission, for 
this action we do not plan to offer hard copy review of the docket. 
Please email or call the person listed in the FOR FURTHER INFORMATION 
CONTACT section if you need to make alternative arrangements for access 
to the docket.

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 wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

[[Page 17763]]

I. What action is the EPA taking?

    On November 6, 2020 (85 FR 71023), the EPA proposed to redesignate 
the Salt Lake City and Provo 2006 24-hour PM2.5 NAAs to 
attainment, and to approve multiple related SIP submissions. We 
proposed to approve the Governor of Utah's submittal of January 13, 
2020, containing revisions to R307-110-10, and the Provo and Salt Lake 
City 2006 24-hour PM2.5 maintenance plans and redesignation 
requests. We proposed to approve the Governor of Utah's submittal of 
May 21, 2020, with revisions to R307-110-32, R307-110-35, Utah SIP 
Section X.B., and Utah SIP Section X.E, which are the inspection and 
maintenance (I/M) programs for Davis and Weber Counties. We also 
proposed to approve both maintenance plans' 2035 motor vehicle emission 
budgets (MVEBs). In addition, we proposed to approve a trading 
mechanism in each maintenance plan that would allow future increases in 
on-road mobile sources' direct PM2.5 emissions to be offset 
by future decreases in nitrogen oxide (NOX) or volatile 
organic compound (VOC) precursor emissions from on-road mobile sources. 
We proposed approval of these submissions because the Utah Division of 
Air Quality (UDAQ) has adequately addressed all of the requirements of 
the Act for the SIP revisions and the redesignation to attainment 
applicable to the Provo and Salt Lake City 2006 24-hour 
PM2.5 NAAs. We used the 2017-2019 ambient air quality data 
from the Provo and Salt Lake City NAAs as the basis for our decision. 
Upon the effective date of a subsequent final action, the designation 
status of the Provo and Salt Lake City areas under 40 CFR part 81 will 
be revised to attainment.
    Additionally, we proposed to approve:
     SIP revisions submitted on January 19, 2017 (Utah SIP 
Section IX.H.13).
     SIP revisions submitted February 15, 2019 (Utah SIP 
Section IX.H.11 and 12).
     Utah's draft October 9, 2020 submission removing the 
startup/shutdown emission limits for the Kennecott Power Plant found in 
Utah SIP Section IX.H.12.i.i.C, and the accompanying R307-110-17 
through a parallel process. Utah officially submitted these revisions 
on December 17, 2020.
     Utah UAC section R307-200 and R307-300 Series revisions 
and new rules submitted by UDAQ on April 19, 2018, May 21, 2020 and 
July 21, 2020 (R307-208, R307-230, R307-304, R307-335, R307-343, R307-
344, R307-345, R307-346, R307-347, R307-348, R307-349, R307-350, R307-
351, R307-352, R307-353, R307-354 and R307-355), which are intended to 
strengthen the SIP and to serve as BACM for certain area sources for 
the Utah PM2.5 SIP.
     BACM/BACT analyses for area sources, major stationary 
sources, on-road mobile sources, and non-road mobile sources in the 
Provo and Salt Lake City 2006 24-hour PM2.5 NAAs, submitted 
on February 4, 2019 and February 15, 2019.
    We received multiple comments on the original proposal. A comment 
submitted on December 7, 2020 by the Sierra Club, Environmental 
Integrity Project (EIP), and Western Resource Advocates \1\ noted that 
the EPA had neglected to include an amended approval order \2\ and the 
calculation of the banked emission reduction credits \3\ for the 
Kennecott Power Plant in the docket. As the comment noted, these 
documents were part of the basis for our BACM determination for Units 
#4 and #5 at the Kennecott Power Plant. Because of this administrative 
error, the EPA is providing an additional 30 days for public comment on 
our proposed approval of the State's BACM/BACT determination and Utah's 
Part H subsection for Kennecott's Power Plant Units #4 and #5. Aside 
from supplementing the docket with the two inadvertently omitted 
documents related to the Kennecott Power Plant, we are making no 
changes to our original November 6, 2020 proposed action. In this 
document, we are not requesting comments on any other part of the 
November 6, 2020 notice of proposed rulemaking.
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    \1\ EPA-R08-OAR-2020-0098-0087.
    \2\ February 4, 2020; Rio Tinto Kennecott Utah Copper LLC; 
Approval Order: Administrative Amendment to Approval Order DAQE-
AN105720031-15 to Remove Power Plant Boilers, Turbine, and 
Supporting Equipment. Project Number: N105720040. Available within 
the docket and at: https://daqpermitting.utah.gov/DocViewer?IntDocID=117327&contentType=application/pdf.
    \3\ February 4, 2020; Rio Tinto Kennecott Utah Copper LLC; 
Emission Reduction Credits for Rio Tinto Kennecott Utah Copper--Utah 
Power Plant Project Number: N105720040. Available within the docket 
and also at: http://eqedocs.utah.gov and specifically at: http://eqedocs.utah.gov/TempEDocsFiles/995158151_995158151_AgencyInterest_10501-10600_10572%20-%20Rio%20Tinto%20Kennecott%20Utah%20Copper%20LLC-%20Power%20Plant%20Lab%20Tailings%20Impoundment_New%20Source%20Review_2020_DAQ-2020-001806.pdf.
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    We will address all pertinent comments received on this 
supplemental action in our final rule, as well as all pertinent 
comments received during the comment period on the original proposed 
action.

II. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference revisions to: R307-110-10; R307-110-17; R307-
110-32; R307-110-35; R307-208; R307-230; R307-304; R307-335; R307-343; 
R307-344; R307-345; R307-346; R307-347; R307-348; R307-349; R307-350; 
R307-351; R307-352; R307-353; R307-354; R307-355; Utah SIP Section 
X.B.; Utah SIP Section X.E.; Utah SIP Section IX.H.11, 12, and 13; Utah 
SIP Section IX.A.27 (Provo 2006 24-hour PM2.5 Maintenance 
Plan); Utah SIP Section IX.A.36 (Salt Lake City 2006 24-hour 
PM2.5 Maintenance Plan); and the redesignation requests for 
the Provo and Salt Lake City 2006 24-hour PM2.5 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 
FUTHER INFORMATION CONTACT section of this preamble for more 
information).

III. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. Accordingly, this 
action merely proposes to approve 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

[[Page 17764]]

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 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 proposed 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).

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, 
and Wilderness areas.

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

    Dated: March 29, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2021-06844 Filed 4-5-21; 8:45 am]
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