[Federal Register Volume 87, Number 79 (Monday, April 25, 2022)]
[Rules and Regulations]
[Pages 24273-24275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08697]



40 CFR Part 52

[EPA-R08-OAR-2021-0775; FRL-9330-02-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: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving state 
implementation plan (SIP) revisions submitted by the State of Utah. The 
revisions fulfill the emissions statement rule 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 Marginal nonattainment areas. 
Utah submitted an emissions statement rule revision and a separate NNSR 
certification to meet, in part, the nonattainment requirements for 
Marginal ozone nonattainment areas 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 are being approved in this final rule as well. The EPA 
is taking this action pursuant to sections 110, 172, and 182 of the 
Clean Air Act (CAA).

DATES: This rule is effective on May 25, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2021-0775. 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: 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 
February 1, 2022 proposal.\1\ In that document we

[[Page 24274]]

proposed to approve the SIP revision submitted by Utah which included 
changes to Rule R307-150 concerning the level of detail of inventory 
data reported by certain sources as well as implementation of an annual 
ozone emissions statement rule for stationary sources in ozone 
nonattainment areas. Additionally, we proposed 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 proposed 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.

    \1\ 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 
Standards for the Uinta Basin, Northern Wasatch Front and Southern 
Wasatch Front Nonattainment Areas, 87 FR 5435 (February 1, 2022).

    EPA held a 30-day comment period on the proposed rulemaking 
beginning on February 1, 2022 and closing on March 3, 2022. We did not 
receive any comments on the proposed rulemaking during the comment 

II. Final Action

    The EPA is finalizing approval of revisions to Rule R307-150 
submitted by the State of Utah on November 3, 2020, including a 
revision to implement an emissions statement rule which was prepared in 
accordance with section 182(a)(3)(B) of the CAA. The EPA is also 
finalizing approval of the NNSR permit program certification submitted 
by the State of Utah on August 2, 2021, because the certified NNSR 
Permit Program was prepared in accordance with requirements of sections 
172(c)(5) and 173 of the CAA and fulfills the specific minimum SIP 
requirements of 40 CFR 51.165.

III. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of 
Rule R307-150 described in the amendments to 40 CFR part 52 set forth 
below. 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 State Implementation Plan, 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.\2\

    \2\ 62 FR 27968 (May 22, 1997).

IV. 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 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, 
     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. 
    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 June 24, 2022. 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: April 11, 2022.
K.C. Becker,
Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:


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

[[Page 24275]]

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

Subpart TT--Utah

2. Amend Sec.  52.2320 by:
a. In the table in paragraph (c):
i. Revising the entries ``R307-150-01'', ``R307-150-02'', ``R307-150-
03'', ``R307-150-04'', ``R307-150-05'', ``R307-150-06'', and ``R307-
150-07'' under the heading entitled ``R307-150. Emission Inventories''.
ii. Adding the entry ``R307-150-09''.
b. In the table in paragraph (e), adding the entry ``Ozone (8-hour, 
2015) NNSR Certification'' under the heading entitled ``Summary of 
Criteria Pollutant Attainment Plans'' 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
                                                  * * * * * * *
                                         R307-150. Emission Inventories
R307-150-01............  Purpose and General           9/3/2020  [insert Federal
                          Requirements.                           Register citation], 4/
R307-150-02............  Definitions...........        9/3/2020  [insert Federal
                                                                  Register citation], 4/
R307-150-03............  Applicability.........        9/3/2020  [insert Federal
                                                                  Register citation], 4/
R307-150-04............  Sulfur Dioxide                9/3/2020  [insert Federal
                          Milestone Inventory                     Register citation], 4/
                          Requirements.                           25/2022.
R307-150-05............  Sources Identified in         9/3/2020  [insert Federal
                          R307-150-3(2), Large                    Register citation], 4/
                          Major Source                            25/2022.
R307-150-06............  Sources Identified in         9/3/2020  [insert Federal
                          R307-150-3(3).                          Register citation], 4/
R307-150-07............  Exempted Hazardous Air        9/3/2020  [insert Federal
                          Pollutants.                             Register citation], 4/
                                                  * * * * * * *
R307-150-09............  Annual Ozone Emission         9/3/2020  [insert Federal
                          Statement.                              Register citation], 4/
                                                  * * * * * * *

* * * * *
    (e) * * *

               Rule title                effective date   Final rule citation, date            Comments
                                                  * * * * * * *
                                 Summary of Criteria Pollutant Attainment Plans
                                                  * * * * * * *
Ozone (8-hour, 2015) NNSR Certification       7/29/2021  [insert Federal Register
                                                          citation], 4/25/2022.

[FR Doc. 2022-08697 Filed 4-22-22; 8:45 am]