[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Rules and Regulations]
[Pages 35404-35406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14195]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2020-0646; FRL-10025-28-Region 8]


Approval and Promulgation of Implementation Plans; Utah; 2017 
Base Year Inventories for the 2015 8-Hour Ozone National Ambient Air 
Quality Standard for the Uinta Basin, Northern Wasatch Front and 
Southern Wasatch Front Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the State of Utah. The 
revision fulfills the base year inventory requirement for the 2015 8-
hour ozone national ambient air quality standard (NAAQS) for the Uinta 
Basin, Northern Wasatch Front, and Southern Wasatch Front nonattainment 
areas (NAAs). Utah submitted the base year emissions inventories to 
meet, in part, the nonattainment requirements for Marginal ozone NAAs 
under the 2015 8-hour ozone NAAQS. EPA is taking this action pursuant 
to sections 110, 172, and 182 of the Clean Air Act (CAA).

DATES: This rule is effective on August 5, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2020-0646. 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., 
confidential business information (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: Matthew Lang, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado, 80202-1129, telephone number: (303) 312-6709, email address: 
[email protected].

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

I. Background

    The background for this action is discussed in detail in our April 
1, 2021 proposal.\1\ We proposed to approve the 2017 base year 
inventories for the 2015 8-hour ozone NAAQS for the Uinta Basin, 
Northern Wasatch Front, and Southern Wasatch Front Marginal NAAs 
because the State prepared the inventories in accordance with the 
requirements in sections 172(c)(3) and 182(a)(1) \2\ of the CAA and its 
implementing regulations, including those at 40 CFR 51.1315. EPA is 
finalizing its proposed approval of Utah's 2017 base year inventories 
for the 2015 8-hour ozone NAAQS for the Uinta Basin, Northern Wasatch 
Front, and Southern Wasatch Front Marginal NAAs. With this final 
rulemaking Utah will have met one of three requirements stemming from 
the Marginal nonattainment designation of the Uinta Basin, Northern 
Wasatch Front, and Southern Wasatch Front areas.
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    \1\ Approval and Promulgation of Implementation Plans; Utah; 
2017 Base Year Inventories for the 2015 8-hour Ozone National 
Ambient Air Quality Standard for the Uinta Basin, Northern Wasatch 
Front and Southern Wasatch Front Nonattainment Areas, 86 FR 17106 
(April 1, 2021).
    \2\ 42 U.S.C. 7502(c)(3), 7511a(a)(1).
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II. Response to Comments

    EPA held a 30-day comment period on the proposed rulemaking 
beginning on April 1, 2021 and closing on May 3, 2021. We received one 
supportive comment letter from the Utah Petroleum Association (UPA), 
which focused on the Uinta Basin NAA. Our response to UPA's comment 
letter is below.
    Comment summary: UPA states that it supports EPA's approval of the 
base year inventory, specifically supports the choice of 2017 as the 
base year, and supports use of an emissions inventory from a National 
Emissions Inventory year. UPA also commends the Utah Division of Air 
Quality for its decision to include a separate oil and gas source 
category in the base year, which UPA says improves transparency of 
critical information needed to understand ozone formation in the Uinta 
Basin.
    UPA also raises two areas of concern: (1) The lack of an 
opportunity to comment on the base year inventory for tribal lands 
within the Uinta Basin NAA; and (2) the need to be able to adjust the 
base year inventory based on evolving research and calculation methods. 
UPA explains that Utah's base year inventory includes only State-
controlled lands, but tribal lands in the Uinta Basin include 
significant emissions sources, and UPA is not aware of any opportunity 
to comment on a base year inventory for the tribal lands. Further, UPA 
states that studies relevant to the emissions inventory are ongoing and 
recommends that EPA allow updates to the base year inventory to account 
for this evolving research. In particular, UPA states that such an 
update is important for determining the adequacy of future Reasonable 
Further Progress (RFP) emission reductions as well as for photochemical 
modeling.
    Response: We thank UPA for the supportive comment letter and we 
agree with UPA that Utah's SIP revision included the appropriate base 
year and was otherwise based on the most current and accurate 
information available to the State at the time the inventories were 
developed. With respect to UPA's concern regarding a lack of 
opportunity to comment on an inventory for sources on tribal land, we 
note that an inventory of emissions from Indian country sources is 
outside of the scope of this rulemaking. As explained in EPA's proposed 
rule, and repeated above, EPA is approving Utah's SIP submission 
because the base year inventories therein accord with the requirements 
in sections 172(c)(3) and 182(a)(1) of the CAA and its implementing 
regulations, including those at 40 CFR 51.1315.
    Similarly, we thank UPA for informing us of ongoing studies related 
to emissions in the Uinta Basin NAA. The inventories submitted by the 
State of Utah were based on the most current and accurate information 
available to the State at the time that the inventories were developed. 
If, at any point in the future, Utah believes that a revision to the 
base year inventory is necessary, EPA is open to discussing that issue 
with the State.\3\ At this time, however,

[[Page 35405]]

EPA cannot determine whether any future updates to the current base 
year inventory would be necessary or appropriate, and such a 
determination is outside the scope of this rulemaking. We also note 
that, regardless of any possible update to the base year inventory, 
Utah is required to submit revised inventories every three years under 
section 182(a)(3)(A) of the CAA until the area is redesignated to 
attainment.\4\
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    \3\ EPA generally acknowledges that in certain circumstances, 
updating an already-approved base year inventory may be appropriate. 
Emissions Inventory Guidance for Implementation of Ozone and 
Particulate Matter National Ambient Air Quality Standards (NAAQS) 
and Regional Haze Regulations, May 2017, 42 (``In the event that 
updated [Rate of Progress/Reasonable Further Progress] plan(s) are 
needed after initial submittal to meet the requirements of the Ozone 
Implementation Rule, the [Rate of Progress/Reasonable Further 
Progress] baseline NAA inventory may also need to be updated.'').
    \4\ 42 U.S.C. 7511a(a)(3)(A).
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III. Final Action

    EPA is finalizing approval of Utah's 2017 base year inventories for 
the 2015 8-hour ozone NAAQS for the Uinta Basin, Northern Wasatch 
Front, and Southern Wasatch Front Marginal NAAs because the State 
prepared the inventories in accordance with the requirements in 
sections 172(c)(3) and 182(a)(1) of the CAA and its implementing 
regulations, including those at 40 CFR 51.1315.

IV. 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);
     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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 7, 2021. 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 
compounds.

    Dated: June 25, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

    For the reasons set forth above, 40 CFR part 52 is 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, the table in paragraph (e) is amended by adding an 
undesignated center heading and the entry ``Ozone (8-hour, 2015) Uinta 
Basin, Northern Wasatch Front and Southern Wasatch Front 2017 Base Year 
Inventories'' at the end of the table to read as follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (e) * * *

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                                                     State
                  Rule title                    effective date      Final rule citation, date        Comments
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                                                  * * * * * * *
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                                 Summary of Criteria Pollutant Attainment Plans
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Ozone (8-hour, 2015) Uinta Basin, Northern           7/29/2020  7/6/2021, [insert Federal
 Wasatch Front and Southern Wasatch Front 2017                   Register citation].
 Base Year Inventories.
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[FR Doc. 2021-14195 Filed 7-2-21; 8:45 am]
BILLING CODE 6560-50-P