[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Proposed Rules]
[Pages 5435-5438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01962]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2021-0775; FRL-9330-01-R8]
Approval and Promulgation of Implementation Plans; Utah;
Emissions Statement Rule and Nonattainment New Source Review
Requirements 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: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve state implementation plan (SIP) revisions submitted by the
State of Utah. The revisions fulfill the emissions statement and
nonattainment new source review (NNSR) requirements 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 an emissions statement rule revision and a
separate NNSR certification to meet, in part, the nonattainment
requirements for Marginal ozone NAAs under the 2015 8-hour ozone NAAQS.
The State's submission of the emissions statement rule revision also
included revisions to emissions reporting requirements for stationary
sources, which will be addressed in this proposed rule as well. The EPA
is taking this action pursuant to sections 110, 172, and 182 of the
Clean Air Act (CAA).
DATES: Written comments must be received on or before March 3, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2021-0775, 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
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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 https://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: 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 wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
Ground-level ozone is formed when nitrogen oxides (NOX)
and volatile organic compounds (VOCs) react in the presence of
sunlight. Referred to as ozone precursors, these two pollutants are
emitted by many types of pollution sources, including motor vehicles,
power plants, industrial facilities, and area wide sources, such as
consumer products and lawn and garden equipment. Scientific evidence
indicates that adverse public health effects may occur following
exposure to ozone pollution. These effects are more pronounced in
children and adults with lung disease. Breathing air containing ozone
can reduce lung function and inflame airways, which can increase
respiratory symptoms and aggravate asthma or other lung diseases. In
1979, in response to this scientific evidence, the EPA promulgated the
first ozone NAAQS, the 0.12 part per million (ppm) 1-hour ozone
NAAQS.\1\ The EPA had previously promulgated a NAAQS for total
photochemical oxidants.
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\1\ Revisions to the National Ambient Air Quality Standards for
Photochemical Oxidants, 44 FR 8202 (Feb. 8, 1979).
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On July 18, 1997, the EPA promulgated a revised ozone NAAQS of 0.08
ppm, averaged over eight hours.\2\ The EPA determined this standard to
be more protective of public health than the previous 1979 1-hour ozone
standard. In 2008, the EPA revised the 8-hour ozone NAAQS from 0.08 to
0.075 ppm.\3\ On October 26, 2015, the EPA again strengthened the 8-
hour ozone NAAQS to 0.070 ppm, based on extensive scientific evidence
about ozone's effects on public health and welfare.\4\ Effective August
3, 2018, the EPA designated the Uinta Basin, Northern Wasatch Front,
and Southern Wasatch Front areas as Marginal nonattainment for the more
stringent 2015 8-hour ozone NAAQS.\5\
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\2\ National Ambient Air Quality Standards for Ozone, 62 FR
38856.
\3\ National Ambient Air Quality Standards for Ozone, 73 FR
16436 (March 27, 2008).
\4\ National Ambient Air Quality Standards for Ozone, 80 FR
65292.
\5\ Additional Air Quality Designations for the 2015 Ozone
National Ambient Air Quality Standards, 83 FR 25776 (June 4, 2018).
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The Uinta Basin NAA is comprised of portions of Duchesne and Uintah
Counties. The Northern Wasatch Front NAA includes Salt Lake, Davis, and
portions of Weber and Tooele Counties. The Southern Wasatch Front NAA
is comprised of only a portion of Utah County.
Under section 182(a)(3)(B) of the CAA, Utah is required to
implement an emissions statement rule in its Marginal NAAs that
requires the owner or operator of each stationary source of
NOX or VOCs to provide the state with an annual statement
showing the actual emissions of NOX and VOCs from the
source.\6\ This requirement may be waived for any class or category of
stationary sources which emit less than 25 tons per year of
NOX or VOCs if the state includes these emissions in the
base year or periodic emissions inventories.\7\ Under section 172(c)(5)
and 172(b) of the CAA, Utah is required to have implemented a NNSR
permit program within three years from the effective date of
designation.\8\ In addition to these two requirements, Utah is required
to submit a base year emissions inventory of NOX and VOCs
for its Marginal NAAs under section 182(a)(1) of the CAA.\9\ These
three requirements together constitute the Marginal SIP. EPA has
previously approved Utah's base year emissions inventory in the Uinta
Basin, Northern Wasatch Front and Southern Wasatch Front NAAs.\10\ With
the proposed approval of the State's emissions statement rule revisions
and NNSR certification, which are the subject of this action, Utah will
have met all requirements for its Marginal NAAs under the 2015 8-hour
ozone NAAQS.
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\6\ 42 U.S.C. 7511a(a)(3)(B)(i)
\7\ 42 U.S.C. 7511a(a)(3)(B)(ii)
\8\ Id. 7502(c)(5); Id. 7502(b).
\9\ Id. 7511a(a)(1).
\10\ 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 35404
(July 7, 2021).
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II. Summary of SIP Revision
A. Emission Inventories Rule Revision
On November 3, 2020, the Utah Division of Air Quality (UDAQ)
submitted a SIP revision titled ``R307-150. Permit: Emission
Inventories'' which includes provisions to satisfy the emissions
statement requirement under CAA section 182(a)(3)(B).\11\ Utah met the
reasonable notice and public hearing requirements of CAA section 110(a)
for the revision to its emissions inventory requirements through
reasonable notice posted on July 1, 2020, and notice of a public
hearing for August 3, 2020.\12\ Utah's emissions inventory SIP revision
describes two changes to Rule R307-150 of the Utah Administrative Code
(UAC). The first change converts summary-only emissions inventory
reports to detailed reports and the second introduces reporting
requirements specific to sources in ozone NAAs. Additional minor
clerical revisions that do not affect the substance of the requirements
of the rule were made throughout Rule R307-150 and are also being
proposed for approval except for those in Section R307-150-8 as well as
those in Subsection R307-150-3(4) which contain revisions that have not
been incorporated into the Utah SIP.\13\ The clerical revisions that
are included in these unincorporated sections of Rule R307-150 will be
addressed in a future action.
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\11\ Letter dated October 28, 2020, from Gary R. Herbert,
Governor, State of Utah, to Gregory Sopkin, Regional Administrator,
EPA, Region 8.
\12\ Utah, Utah Administrative Documentation, R307-150. Permit:
Emission Inventories, November 2020 (``UT Emissions Inventory SIP
Revision'').
\13\ When we describe changes as clerical in this proposed
action, we are referring to changes such as section renumbering;
alphabetizing of definitions; minor grammatical, editorial, and
typographical revisions; and changes in capitalization.
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1. Conversion of Summary-Only to Detailed Emissions Inventory Reporting
The first change of Utah's emissions inventory SIP submittal
requires that all facilities submit detailed inventory data which was
accomplished through removal of Section R307-150-7 and Subsection R307-
150-3(4) regarding its applicability as well as the addition of
Subsection R307-150-3(3)(d), effective September 3, 2020.\14\
Previously, Section R307-150-7 required certain facilities to only
submit facility totals for each pollutant while other facilities were
required to report permitted equipment-level information.\15\ The
revision removes Section R307-150-7 and Subsection R307-150-3(4)
regarding its applicability while adding Subsection R307-150-3(3)(d) to
require Part 70 sources not included in Subsections R307-150-3(2) and
R307-150-3(3)(a)-(c) to submit detailed inventory data as specified by
Section R307-150-6.\16\
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\14\ UT Emissions Inventory SIP Revision at 69, 73, 75, 97.
\15\ Id. at 69.
\16\ Id. at 73, 75.
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2. Annual Ozone Emissions Statements
The other change included in Utah's emissions inventory SIP
revisions adds Section R307-150-9 entitled ``Annual Ozone Emission
Statement'' and Subsection R307-150-3(5) regarding its applicability,
effective September 3, 2020. This revision requires sources to submit
an annual ozone emissions statement to UDAQ by April 15 showing
emissions of NOX and VOCs from the prior year, with the
first such statement having been due in 2021.\17\ As specified in the
SIP revision, which adds Subsection R307-150-3(5) regarding the annual
ozone emissions statement rule applicability, this rule applies to
stationary sources in designated ozone nonattainment areas that have
the potential to emit greater than 25 tons per year of NOX
or VOCs.\18\
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\17\ Id. at 76.
\18\ Id. at 73.
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B. NNSR Certification
On August 2, 2021, UDAQ submitted a SIP revision certifying that
Utah's existing NNSR permit program fulfills the requirements under CAA
section 172(c)(5).\19\ Utah met the requirements of CAA section 110(a)
for the SIP revision certifying its existing NNSR permit program
through reasonable notice posted on May 28, 2021 and notice of a public
hearing for July 1, 2021.\20\
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\19\ Submittal with letter dated July 29, 2021, from Kimberly
Shelley, Executive Director, Utah Department of Environmental
Quality, to Debra Thomas, Acting Regional Administrator, EPA, Region
8 (``UT NNSR Certification'').
\20\ UT NNSR Certification at 4.
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NNSR permit program requirements were adopted for the 2015 ozone
NAAQS at 40 CFR 51.1314 by the SIP Requirements Rule implementing the
2015 8-hour ozone NAAQS.\21\ The minimum SIP requirements for NNSR
permitting programs for the 2015 8-hour ozone NAAQS are located at 40
CFR 51.165.\22\ The SIP for each ozone nonattainment area must contain
NNSR provisions that:
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\21\ Final Rule, Implementation of the 2015 National Ambient Air
Quality Standards for Ozone: Nonattainment Area State Implementation
Plan Requirements, 83 FR 62998 (Dec. 6, 2018).
\22\ 40 CFR 51.1314 includes new source review requirements for
the 2015 Ozone NAAQS with reference to specific requirements at 40
CFR 51.165.
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Set major source thresholds for NOX and VOCs
pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and (2);
Classify physical changes as a major source if the change
would constitute a major source by itself pursuant to 40 CFR
51.165(a)(1)(iv)(A)(3);
Consider any significant net emissions increase of
NOX as a significant net emissions increase for ozone
pursuant to 40 CFR 51.165(a)(1)(v)(E);
Consider certain increases of VOC emissions in extreme
ozone nonattainment areas as a significant net emissions increase and a
major modification for ozone pursuant to 40 CFR 51.165(a)(1)(v)(F);
Set significant emissions rates for VOC and NOX
as ozone precursors pursuant to 40 CFR 51.165(a)(1)(x)(A)-(C) and (E);
Contain provisions for emissions reductions credits
pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2);
Provide that the requirements applicable to VOC also apply
to NOX pursuant to 40 CFR 51.165(a)(8); and
Set offset ratios for VOC and NOX pursuant to
40 CFR 51.165(a)(9)(ii)-(iv).\23\
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\23\ 40 CFR 51.165.
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Utah's NNSR SIP Revision certifies that Utah's existing NNSR permit
program, applicable to the Uinta Basin, Northern Wasatch Front and
Southern Wasatch Front NAAs under the 2015 8-hour ozone NAAQS, is at
least as stringent as the minimum requirements for NNSR permitting
programs for the ozone NAAQS at 40 CFR 51.165.\24\ Utah's SIP-approved
NNSR program, as established in UAC R307-403, incorporates by reference
the definitions at 40 CFR 51.165(a)(1).\25\
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\24\ UT NNSR Certification at 6.
\25\ UAC R307-403-1(3).
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III. Proposed Action
We are proposing to approve the SIP revision submitted by Utah
which included changes to R307-150 concerning the level of detail of
emissions inventory data reported by certain sources as well as
implementation of an annual ozone emissions statement rule for
stationary sources in ozone NAAs. Additionally, we are proposing to
approve the SIP revision submitted by Utah certifying that the State's
previously approved NNSR permit program meets the requirement stemming
from the Marginal ozone nonattainment designations of the Uinta Basin,
Northern Wasatch Front, and Southern Wasatch Front areas. We are
proposing to approve the revisions because they were prepared in
accordance with the requirements in sections 182(a)(3)(B), 172(c)(5)
and 172(b) of the CAA. The EPA is soliciting public comments on the
issues discussed in this document. The EPA will consider these comments
before taking final action.
IV. 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 the UDAQ rules regarding stationary source
reporting requirements for emission inventories discussed in Sections
II.A.1 and II.A.2 of this preamble. 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).
V. 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,
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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, 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 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 26, 2022.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2022-01962 Filed 1-31-22; 8:45 am]
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