[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Proposed Rules]
[Pages 25223-25229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07501]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2024-0001; FRL-11838-01-R8]


Extension of the Attainment Date and Determination of Attainment 
by the Attainment Date of the Uinta Basin Marginal Nonattainment Area 
Under the 2015 Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is 
proposing two Clean Air Act (CAA) actions related to the attainment 
date for the Uinta Basin (Basin), Utah Marginal nonattainment area 
under the 2015 Ozone National Ambient Air Quality Standards (NAAQS). 
First, the Agency is proposing to grant a second 1-year extension of 
the attainment date for the area. This action would extend the Marginal 
area attainment date for this area from August 3, 2022, to August 3, 
2023. Second, the Agency is proposing to determine that the area 
attained the standard by the extended attainment date of August 3, 
2023, based on certified ozone monitoring data from 2020-2022. This 
action, if finalized, will fulfill the EPA's statutory obligation to 
determine whether the Uinta Basin Marginal ozone nonattainment area 
attained the NAAQS by the attainment date through publication in the 
Federal Register.

DATES: Written comments must be received on or before May 10, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2024-0001, to the Federal Rulemaking Portal: 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: Amanda Brimmer, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado, 80202-1129, (303) 312-6323, [email protected].

SUPPLEMENTARY INFORMATION: In this document ``we,'' ``us,'' and ``our'' 
mean the EPA.

[[Page 25224]]

Overview and Basis of Proposal

A. Overview of Proposal

    Under CAA section 181(b)(2), the EPA is required to determine 
whether areas designated as nonattainment for an ozone NAAQS attain the 
standard by the applicable attainment date, and to take certain steps 
for areas that fail to attain. Because the ozone NAAQS is a 
concentration-based standard, a determination of attainment is based on 
a nonattainment area's design value (DV) as of the attainment date.\1\ 
In this proposal the EPA is addressing the 2015 ozone NAAQS.\2\
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    \1\ A design value is a statistic used to compare data collected 
at an ambient air quality monitoring site to the applicable NAAQS to 
determine compliance with the standard. The DV for the 2015 ozone 
NAAQS is the 3-year average of the annual fourth highest daily 
maximum 8-hour average ozone concentration. The DV is calculated for 
each air quality monitor in an area, and the DV for an area is the 
highest DV among the individual monitoring sites located in the 
area.
    \2\ Because the 2015 primary and secondary NAAQS for ozone are 
identical, for convenience, the EPA refers to them in the singular 
as ``the 2015 ozone NAAQS'' or as ``the standard.''
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    On March 29, 2021, the State of Utah requested a 1-year extension 
of the Marginal attainment date for the Uinta Basin. The Ute Indian 
Tribe (UIT) subsequently requested an extension on May 25, 2021. Based 
on EPA's evaluation, the criteria for an attainment date extension had 
been met, and in October 2022, EPA granted the extension, making the 
new attainment date August 3, 2022.\3\ On March 29, 2022, the State of 
Utah requested a second one-year extension of the Marginal attainment 
date for the Uinta Basin nonattainment area, which would extend the 
attainment date to August 3, 2023.\4\ On December 20, 2022, the UIT 
also requested a second one-year extension.
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    \3\ See Final rule, Determinations of Attainment by the 
Attainment Date (DAAD), Extensions of the Attainment Date, and 
Reclassification of Areas Classified as Marginal for the 2015 Ozone 
National Ambient Air Quality Standards, 87 FR 60897 (Oct. 7, 2022).
    \4\ See letter dated March 30, 2022, from Utah Department of 
Environmental Quality (UDEQ) Executive Director Kim Shelley to U.S. 
EPA Region 8 Regional Administrator KC Becker; and letter dated 
December 20, 2022, from Ute Indian Tribe Chairman Shaun Chapoose to 
U.S. EPA Region 8 Regional Administrator KC Becker.
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    Under the EPA regulations at 40 CFR part 50, appendix U, the 2015 
ozone NAAQS is attained at a site when the 3-year average of the annual 
fourth highest daily maximum 8-hour average ambient air quality ozone 
concentration (i.e., DV) does not exceed 0.070 ppm. When the DV does 
not exceed 0.070 ppm at each ambient air quality monitoring site within 
the area, the area is deemed to be attaining the ozone NAAQS. For this 
area, which is classified as Marginal nonattainment for the 2015 ozone 
NAAQS, the attainment date was August 3, 2022, and the proposed 
extended attainment date would be August 3, 2023. Because the DV is 
based on the three most recent, complete calendar years of data, 
attainment must occur no later than December 31 of the year before the 
attainment date. Therefore, in light of our proposed extension of the 
attainment date, the proposed determination of attainment is based upon 
the complete, quality-assured, and certified ozone monitoring data from 
calendar years 2019 through 2022. Table 1 provides a summary of the DVs 
and the EPA's proposed air quality-based determinations for the area 
addressed in this action. While the 2019-2021 DV does not show 
attainment, the two-year average of 2020-2021 qualifies the region for 
a second 1-year attainment date extension.\5\ Based on the 2020-2022 
DV, the region did not exceed 0.070 ppm, and EPA proposes to find that 
the area attained by the proposed new attainment date.
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    \5\ To qualify for a second 1-year extension, an area's fourth 
highest daily maximum 8-hour value, averaged over both the original 
attainment year and the first extension year, must be 0.070 ppm or 
less (40 CFR 51.1307(a)(2)). As of July 18, 2022, the Uinta Basin 
area's certified 2020 and 2021 ozone data show that the maximum two-
year average design value for 2020-2021 is 0.069 ppm. This is based 
on 2020 and 2021 ozone values at the two key monitors in the region 
(AQS Site 490472002 which had fourth highest daily maximum 8-hour 
value for 2020 at 0.066 ppm, and AQS Site 490472003 which had fourth 
highest daily maximum 8-hour value for 2021 at 0.072 ppm, which 
averaged is 0.069 ppm.).

            Table 1--Uinta Basin 2015 Ozone NAAQS Marginal Nonattainment Area Evaluation Summary \6\
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                                          Area failed to attain
                                           2015 NAAQS but state
                     2020-2021 average     requested 2nd 1-year
                     4th highest daily  attainment date extension                        2015 NAAQS attained by
2019-2021 DV (ppm)     maximum 8-hr       based on average 2020-   2020-2022 DV (ppm)  the 2nd 1-year attainment
                       average (ppm)      2021 4th highest daily                             date extension
                                           maximum 8-hr average
                                               <=0.070 ppm
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            0.078               0.069   Yes......................              0.067   Yes.
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B. What is the background for the proposed actions?
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    \6\ The 1st through 4th highest 8-hour average ozone 
concentrations at each monitor for each year can be found at EPA's 
Outdoor Air Quality Data, Monitor Values Report, https://www.epa.gov/outdoor-air-quality-data/monitor-values-report. These 
are AirData reports are produced from a direct query of the Air 
Quality System (AQS) Data Mart. The data represent the best and most 
recent information available to EPA from state agencies. However, 
some values may be absent due to incomplete reporting, and some 
values may change due to quality assurance activities. The AQS 
database is updated by state, local, and tribal organizations who 
own and submit the data.
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    On October 26, 2015, the EPA issued a final action revising the 
NAAQS for ozone, establishing new and more stringent primary and 
secondary 8-hour standards of 0.070 ppm.\7\ Effective August 3, 2018, 
the EPA designated 52 areas throughout the country as nonattainment for 
the 2015 ozone NAAQS, including the Uinta Basin.\8\ In a separate 
action, the EPA assigned classification thresholds and attainment dates 
based on the severity of an area's ozone problem, determined by the 
area's DV.\9\ The EPA established the attainment date for Marginal 2015 
ozone NAAQS nonattainment areas as 3 years from the effective date of 
the final designations, meaning that the Uinta Basin Marginal 
nonattainment area had an attainment date of August 3, 2021.
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    \7\ See Final Rule, National Ambient Air Quality Standards for 
Ozone, 80 FR 65452.
    \8\ See Final Rule, Additional Air Quality Designations for the 
2015 Ozone National Ambient Air Quality Standards, 83 FR 25776 (June 
4, 2018).
    \9\ See Final Rule, Implementation of the 2015 National Ambient 
Air Quality Standards for Ozone: Nonattainment Area Classifications 
Approach, 83 FR 10376 (May 8, 2018).
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    The area did not attain the 2015 ozone NAAQS by the Marginal area 
attainment date of August 3, 2021, based on its final 2018-2020 DV of 
0.076 ppm. However, the area did meet the criteria under 40 CFR 
51.1307(a)(1) for an initial 1-year extension, with an attainment year 
(2020) fourth highest daily maximum 8-hour average concentration of 
0.066 ppm. Certified ozone monitoring data for 2021 showed that the 
area did not attain the 2015 ozone NAAQS by the extended attainment 
date of August 3, 2022, based on its final 2019-2021 DV

[[Page 25225]]

of 0.078 ppm, but it does qualify for a second 1-year extension with a 
two-year average fourth highest daily maximum 8-hour concentration of 
0.069 ppm for the years 2020 and 2021.\10\ Additionally, certified data 
through December 31, 2022, shows that the three-year average for 2020-
2022 is 0.067 ppm, which is considered attaining the 2015 ozone NAAQS 
(see Table 2). Therefore, EPA proposes to determine that the region 
attained the NAAQS by the proposed attainment date of August 3, 2023.
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    \10\ See footnote 5.

                                         Table 2--Ozone Monitoring Values for Duchesne and Uintah Counties, Utah
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                                                                                 4th Highest daily max (ppm) \11\
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               AQS Site ID                                                                 Average 2020-   Average 2019-                   Average 2020-
                                               2019            2020            2021            2021            2021            2022            2022
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Max 4th Max.............................           0.098       \A\ 0.066           0.072       \B\ 0.069           0.078           0.066       \C\ 0.067
Duchesne County:
    490130002...........................           0.087           0.063           0.072  ..............           0.074           0.066           0.067
    490137011...........................           0.079           0.064           0.069  ..............           0.070           0.066           0.066
Uintah County:
    490471002...........................           0.070           0.063           0.068  ..............           0.067           0.063           0.064
    490471004...........................           0.065           0.063           0.068  ..............           0.065           0.063           0.064
    490472002...........................           0.074           0.066           0.071  ..............           0.070           0.062           0.066
    490472003...........................           0.098           0.065           0.072  ..............           0.078           0.064           0.067
    490477022...........................           0.067           0.065           0.068  ..............           0.066           0.062           0.065
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\A\ Basis for 1st 1-year extension (CAA section 181(a)(5) and 40 CFR 51.1307(a)(1)).
\B\ Basis for 2nd 1-year extension (CAA section 181(a)(5) and 40 CFR 51.1307(a)(2)).
\C\ Basis for DAAD (181(b)(2)(A) of the CAA and 40 CFR 51.1303).

C. What is the statutory authority for the proposed actions?
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    \11\ See footnote 5.
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    The statutory authority for the actions proposed in this document 
is provided by the CAA, as amended (42 U.S.C. 7401 et seq.). CAA 
section 107(d) provides that when the EPA establishes or revises a 
NAAQS, the agency must designate areas of the country as nonattainment, 
attainment, or unclassifiable based on whether an area is not meeting 
(or is contributing to air quality in a nearby area that is not 
meeting) the NAAQS, meeting the NAAQS, or cannot be classified as 
meeting or not meeting the NAAQS, respectively. Subpart 2 of part D of 
title I of the CAA governs the classification, state planning, and 
emissions control requirements for any areas designated as 
nonattainment for a revised primary ozone NAAQS. In particular, CAA 
section 181(a)(1) requires each area designated as nonattainment for a 
revised ozone NAAQS to be classified at the same time as the area is 
designated. Classifications for ozone nonattainment areas are based on 
the extent of the ozone problem in the area (as determined based on the 
area's DV) and range from ``Marginal'' to ``Extreme.'' CAA section 182 
provides the specific attainment planning and additional requirements 
that apply to each ozone nonattainment area based on its 
classification. CAA section 182, as interpreted by the EPA's 
implementing regulations at 40 CFR 51.1308 through 51.1317, also 
establishes the timeframes by which air agencies must submit and 
implement State Implementation Plan (SIP) revisions to satisfy the 
applicable attainment planning elements, and the timeframes by which 
nonattainment areas must attain the 2015 ozone NAAQS.
    CAA section 181(b)(2)(A) provides that, within 6 months following 
the applicable attainment date, the EPA must determine whether an ozone 
nonattainment area attained the ozone standard based on the area's DV 
as of that date. If an area fails to attain the ozone NAAQS by the 
applicable attainment date and is not granted a 1-year attainment date 
extension, CAA section 181(b)(2)(A) requires the EPA to make the 
determination that an ozone nonattainment area failed to attain the 
ozone standard by the applicable attainment date, and requires the area 
to be reclassified by operation of law to the higher of: (1) the next 
higher classification for the area, or (2) the classification 
applicable to the area's DV as of the determination of failure to 
attain. Per CAA section 181(a)(5), upon application by any state, the 
EPA may grant a 1-year extension of the attainment date for qualifying 
areas (Section II.A of this notice).

D. How does the EPA determine whether an area is eligible for a second 
attainment date extension?

    Section 181(a)(5) of the CAA gives the EPA the discretion (``the 
Administrator may'') to extend an area's applicable attainment date by 
one additional year upon application by any state if the state meets 
the two criteria under CAA section 181(a)(5). See also 40 CFR 51.1307. 
This section is intended to provide flexibility where an area is close 
to achieving attainment and can likely do so with a bit more time. 
Rather than require an area to attain the NAAQS by a first extended 
attainment date, the provision expressly allows for a maximum of two 1-
year extensions for a single area.
    The first criterion is that the State must have complied with all 
requirements and commitments pertaining to the area in the applicable 
implementation plan. Second, and specifically related to a second 1-
year extension, the area's 4th highest daily maximum 8-hour value, 
averaged over both the original attainment year and the first extension 
year, must be no greater than the level of that NAAQS.
    The first criterion is satisfied if a state can demonstrate that it 
is in compliance with its approved implementation plan. See Delaware 
Dept. of Nat. Resources and Envtl. Control v. EPA, 895 F.3d 90, 101 
(D.C. Cir. 2018) (holding that the CAA requires only that an applying 
state with jurisdiction over a nonattainment area comply with the 
requirements in its applicable SIP, not every requirement of the Act). 
A state may meet this requirement by certifying its compliance, and in 
the absence of such certification, the EPA may determine whether the 
criterion has been met. See Delaware, 895 F.3d at 101-102.
    With respect to the second criterion, for the 2015 ozone NAAQS the 
EPA has interpreted the air quality criterion of

[[Page 25226]]

CAA section 181(a)(5)(B) to mean that an area's 4th highest daily 
maximum 8-hour value, averaged over both the original attainment year 
and the first extension year, must be no greater than 0.070 ppm. Utah 
certified that both criteria have been met in their second extension 
request.\12\
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    \12\ See letter dated March 30, 2022, from Utah Department of 
Environmental Quality (UDEQ) Executive Director Kim Shelley to U.S. 
EPA Region 8 Regional Administrator KC Becker.
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E. How does the EPA determine whether an area has attained the 2015 
ozone standard?

    The 2015 ozone NAAQS is attained for an area when the 3-year 
average of the annual fourth highest daily maximum 8-hour average 
ambient air quality ozone concentration (i.e., DV) at each monitoring 
site in the area does not exceed 0.070 ppm. See 40 CFR part 50, 
appendix U.
    The EPA's determination of attainment is based upon data that have 
been collected and quality-assured in accordance with 40 CFR part 58 
and recorded in the EPA's Air Quality System (AQS) database.\13\ 
Ambient air quality monitoring data for the 3-year period preceding the 
year of the attainment date (2020-2022 for the Uinta Basin 2015 ozone 
NAAQS Marginal area, after the granting of the second 1-year extension) 
must meet the data completeness requirements in Appendix U, section 
4(b). These completeness requirements are met for the 3-year period at 
a monitoring site if daily maximum 8-hour average concentrations of 
ozone are available for at least 90 percent of the days within the 
ozone monitoring season, on average, for the 3-year period, and no 
single year has less than 75 percent data completeness. Monitors in the 
NWF nonattainment area have met this requirement.
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    \13\ The EPA maintains the AQS, a database that contains ambient 
air pollution data collected by the EPA, state, local, and tribal 
air pollution control agencies. The AQS also contains meteorological 
data, descriptive information about each monitoring station 
(including its geographic location and its operator) and data 
quality assurance/quality control information. The AQS data is used 
to (1) assess air quality, (2) assist in attainment/non-attainment 
designations, (3) evaluate SIPs for non-attainment areas, (4) 
perform modeling for permit review analysis, and (5) prepare reports 
for Congress as mandated by the CAA. See https://www.epa.gov/aqs.
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II. What is the EPA proposing and what is the rationale?

    The EPA evaluated air quality monitoring data submitted by the 
appropriate state and tribal air agencies to determine the attainment 
status. The area failed to attain the 2015 ozone NAAQS by the extended 
attainment date of August 3, 2022, but is eligible for a second 1-year 
attainment date extension under CAA section 181(a)(5) and 40 CFR 
51.1307. We are now proposing to grant a requested second 1-year 
attainment date extension and to determine, in accordance with CAA 
section 181(b)(2)(A) and 40 CFR 51.1303, that the area attained the 
2015 ozone NAAQS by the proposed extended Marginal area attainment date 
of August 3, 2023, based on the area's 2020-2022 DV (Table 1). This 
section describes the determinations and actions being proposed in this 
document.

A. Extension of Marginal Area Attainment Date

    In a letter dated March 29, 2022, the Utah Division of Air Quality 
(UDAQ) requested an extension of the Uinta Basin area Marginal area 
attainment date. In addition, the UIT requested an extension in a 
letter dated December 20, 2022. The information presented by the state 
in their request demonstrates that the area meets the two necessary 
statutory criteria for the second 1-year extension under CAA section 
181(a)(5). Further, we have found no compelling countervailing facts or 
circumstances that would cause the agency to exercise its discretion to 
deny the request notwithstanding the state's demonstration. UDAQ has 
certified that they have complied with all requirements and commitments 
pertaining to this area in their approved implementation plan and 
monitoring data completeness. On February 1, 2022, EPA approved that 
the Emission Statement Rule and the Nonattainment New Source Review 
Requirements had been met through SIP submittals and that Utah had met 
all the requirements for its Marginal NAAs under the 2015 8-hour ozone 
NAAQS.\14\ The 2017 Base Year Inventory Marginal NAA requirement was 
met through EPA approval on July 6, 2021.\15\ For these reasons, the 
EPA proposes to grant the requested 1-year extension of the August 3, 
2022, Marginal area attainment date for the Uinta Basin area.
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    \14\ See Final rule, 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, 87 FR 24273 (April 25, 
2022).
    \15\ See Final rule, 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 6, 2021).
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    If this proposal is finalized, on the effective date of the final 
action, the attainment date for the Uinta Basin area will be extended 
from August 3, 2022, to August 3, 2023. The EPA solicits comments on 
this proposal to grant the requested second 1-year attainment date 
extension for the Uinta Basin Marginal ozone nonattainment area, and 
whether there are any particular circumstances, such as 
disproportionate environmental exposure or burdens, that the EPA should 
consider before granting the request.

B. Determination of Attainment by the Attainment Date

    Along with proposing to grant a second 1-year attainment date 
extension, in this rulemaking we are proposing to determine that, in 
accordance with CAA section 181(b)(2), the Uinta Basin Marginal ozone 
nonattainment area attained the 2015 ozone NAAQS by the extended 
Marginal area attainment date of August 3, 2023, based on the 2020-2022 
DV (see Table 1). See also 40 CFR 51.1303. The EPA requests comment on 
the proposed determination of attainment by the proposed attainment 
date.
    This proposed determination of attainment by the attainment date 
does not constitute formal redesignation to attainment as provided for 
under CAA section 107(d)(3).

C. Additional Information

    As part of this rulemaking, EPA acknowledges that preliminary ozone 
monitoring data indicate that in early 2023, the region experienced 
excessively high ozone values. While this data was not determinative in 
proposing to grant the 2nd extended attainment date, it does show that 
there continue to be periods of high ozone levels in the Basin. 
Addressing the continuing ozone problem will require continued efforts 
and steady commitments from state, local, federal, tribal, and industry 
partners to reduce precursor emissions in the region. The following 
sections (see i through iv below) provide additional information on 
reductions EPA expects will significantly mitigate exceedances in the 
area.
i. Air Quality Trends
    The Uinta Basin nonattainment area has a unique ozone problem, in 
that it primarily occurs during the wintertime, instead of during the 
summertime as is seen in most other ozone nonattainment areas. 
Accordingly, in the Uinta Basin violating ozone concentrations are

[[Page 25227]]

driven by stagnant winter conditions associated with snow cover and 
strong temperature inversions, which directly result in increased ozone 
production due to accumulated local ozone precursor emissions from oil 
and gas sources in the Basin.
    The CAA mandates that the EPA determine whether an area attained 
the NAAQS solely on the basis of the area's DV as of the attainment 
date, CAA section 181(b)(2)(A), and does not permit the EPA to consider 
in making that determination how the area attained or whether the area 
will continue to attain in making that determination. Therefore, we did 
not consider other factors, such as documented reductions in emissions 
of ozone precursors and demonstrations that enforceable controls 
achieved attainment, in determining whether the area attained by the 
proposed attainment date.
ii. U&O Federal Implementation Plan (FIP) for Managing Emissions From 
Oil and Gas Sources on Indian Country
    In developing this proposal, we also considered the impact of the 
recently finalized FIP for Managing Emissions from Oil and Natural Gas 
Sources on Indian Country Lands within the Uintah and Ouray Indian 
Reservation in Utah (U&O FIP).\16\ The U&O FIP requires new, modified, 
and existing oil and natural gas sources on Indian country lands within 
the U&O Reservation to implement new control requirements. While the 
FIP was not specifically designed to bring the area into attainment of 
the 2015 ozone NAAQS, the EPA expects these emission limits to 
significantly reduce ozone precursor emissions and improve air quality 
in the area. Most volatile organic compounds (VOC) emissions within the 
Basin are from existing oil and gas activity, and most of those oil and 
gas emissions are from existing sources on the U&O Indian Reservation 
and in the nonattainment area. Before the promulgation of the U&O FIP, 
VOC emissions control requirements for existing oil and gas sources 
were in place in areas of the Uinta Basin under the State of Utah's 
jurisdiction, but not in the Indian country areas of the U&O Indian 
Reservation, leaving sources in a large portion of the U&O Basin 
largely uncontrolled. With the ongoing implementation of the U&O FIP, 
we expect the new control requirements to make a meaningful improvement 
in air quality and assist in addressing winter ozone exceedances on the 
Reservation, and in the nonattainment area and larger Uinta Basin 
region.
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    \16\ Federal Implementation Plan for Managing Emissions From Oil 
and Natural Gas Sources on Indian Country Lands Within the Uintah 
and Ouray Indian Reservation in Utah, Final Rule, see 87 FR 75334 
(Dec. 8, 2022); see also Federal Implementation Plan for Managing 
Emissions From Oil and Natural Gas Sources on Indian Country Lands 
Within the Uintah and Ouray Indian Reservation in Utah, Proposed 
Rule, 85 FR 3492 (Jan. 21, 2020); at 87 FR 21842, 21848 (April 13, 
2022) (discussing U&O FIP proposal).
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iii. Voluntary Measures
    In a letter dated May 30, 2023, the UIT provided supplemental 
information to EPA on voluntary efforts to reduce oil and gas emissions 
from sources on the U&O Reservation.\17\ The letter highlighted efforts 
by operators in the Basin to identify and mitigate emissions leaks from 
operations. Efforts included voluntary leak detection and repair (LDAR) 
inspections, controlling tank vapor, replacement and retrofitting of 
pneumatic pumps, aerial methane surveying, converting compressors from 
natural gas to line-electric or solar-electric power, using non-
emitting pneumatic devices at new well pads, and redesigning compressor 
stations to reduce emissions.
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    \17\ See letter dated May 30, 2023, from Ute Indian Tribe 
Business Committee Chairman, Julius T. Murray, III to U.S. EPA 
Region 8 Enforcement and Compliance Director, Suzanne Bohan.
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    Another initiative taking place in this nonattainment area is the 
Winter Ozone Alert Program, run by Utah State University Bingham 
Research Center. Initiated in 2017, the program provides email alerts 
when ozone exceeding EPA standards is forecasted for the Uinta Basin. 
The purpose of these alerts is to provide the oil and gas industry and 
others with real-time information about air quality in the Basin so 
they can take voluntary action to reduce emissions of ozone-forming 
pollutants.\18\
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    \18\ Information on this program can be found at https://www.usu.edu/binghamresearch/ozone-alert.
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iv. Final Rule on Oil and Gas New Standards and Emissions Guidelines 
(OOOOb/c)
    On March 8, 2024, the EPA finalized new source performance 
standards and emission guidelines for the crude oil and natural gas 
source category under CAA section 111, which codifies new subparts 
OOOOb and OOOOc at 40 CFR part 60.\19\ These rules are expected to 
achieve significant emissions reductions from both new, reconstructed, 
and modified sources in addition to existing oil and gas operations in 
the Basin as well as across the nation.
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    \19\ See Final rule, Standards of Performance for New, 
Reconstructed, and Modified Sources and Emissions Guidelines for 
Existing Sources: Oil and Natural Gas Sector Climate Review, 89 FR 
16820 (Mar. 8, 2024).
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    Under subpart OOOOb, EPA established federal standards for new, 
modified, and reconstructed sources. Subpart OOOOb requires enhanced 
LDAR at new, modified, and reconstructed well sites, including 
wellhead-only sites, and add options that allow owners to use a wider 
selection of methane detection technologies to check for leaks. Subpart 
OOOOc includes presumptive standards to limit GHGs emissions (in the 
form of methane limitations) from designated facilities in the Crude 
Oil and Natural Gas source category, as well as requirements under the 
CAA section 111(d) for states to follow in developing, submitting, and 
implementing state plans to establish performance standards. Subpart 
OOOOc defers to the General Provision's Implementing Regulations under 
40 CFR part 60 subpart Ba \20\ for certain requirements, such as the 
requirement for states to conduct meaningful public engagement during 
development of their existing source plans.\21\ EPA is committed to 
issuing a Federal Plan in a timely manner to implement OOOOc in Indian 
country and will continue to engage with Tribal Nations and state 
partners throughout this process.
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    \20\ See 88 FR 80480 (November 17, 2023).
    \21\ Subpart Ba requires as part of completeness criteria in 40 
CFR 60.27a(g) that states must submit, with the plan or revision, 
documentation of meaningful engagement including a list of 
identified pertinent stakeholders and/or their representatives, a 
summary of the engagement conducted, a summary of stakeholder input 
received, and a description of how stakeholder input was considered 
in the development of the plan or plan revisions. See 40 CFR 60.21a 
for the definitions of meaningful engagement and pertinent 
stakeholders. State plans submitted in accordance with OOOOc that 
include provisions for Remaining Useful Life and Other Factors 
(RULOF) must comply with the subpart Ba general RULOF provisions in 
40 CFR 60.24a (see 40 CFR 60.20a(a), which establishes applicability 
of subpart Ba requirements to EG OOOOc). Further, EG OOOOc does not 
supersede any requirement within subpart Ba related to RULOF.
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III. Environmental Justice Considerations

    The CAA gives the EPA the discretion to extend an area's applicable 
attainment date by one additional year upon application by any state if 
the state meets the two criteria under CAA section 181(a)(5) (see 
Section I.D of this notice). As part of the screening analyses to 
evaluate whether communities in the Uinta Basin area may be exposed to 
disproportionate pollution burdens as a result of this proposed 
extension, we used EJSCREEN, an EJ mapping and screening tool that 
provides EPA with a nationally consistent dataset and approach for 
combining various

[[Page 25228]]

environmental and demographic indicators.\22\ The EJSCREEN tool 
presents these indicators at a Census block group (CBG) level or a 
larger user-specified ``buffer'' area that covers multiple CBGs.\23\ An 
individual CBG is a cluster of contiguous blocks within the same census 
tract and generally contains between 600 and 3,000 people. EJSCREEN is 
not a tool for performing in-depth risk analysis but is instead a 
screening tool that provides an initial representation of indicators 
related to EJ. We also examined ozone design value data for the Uinta 
Basin area.\24\
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    \22\ The EJ SCREEN tool is available at www.epa.gov/ejscreen.
    \23\ See www.census.gov/programs-surveys/geography/about/glossary.html.
    \24\ The ozone metric in EJSCREEN represents the summer seasonal 
average of daily maximum 8-hour concentrations (parts per billion), 
and was not used in our EJ analyses because this metric is not 
informative of peak ozone concentrations for this area, which are 
instead represented here by the design value metric. Ozone design 
values are the basis of attainment determinations in this proposed 
action, and we consider it a more informative indicator of pollution 
burden from ozone in the Uinta Basin area.
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    With respect to the Uinta Basin, the EPA conducted an EJSCREEN 
analysis for the two counties (Duchesne and Uintah) that encompass the 
entire Uinta Basin nonattainment area. The results of our screening 
analysis did not indicate disproportionate exposure or burdens with 
respect to the non-ozone environmental indicators assessed in EJSCREEN 
for the 2-county (Duchesne and Uintah) area, or relative to the U.S. as 
a whole.\25\
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    \25\ EJSCREEN examines multiple environmental indicators, 
including particulate matter, traffic proximity and volume, lead 
paint in housing, and proximity scores for Superfund, RMP and 
hazardous waste facilities. The results of our EJSCREEN analyses are 
in this docket (EPA-HQ-OAR-2024-0001).
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    The EPA's inquiry is consistent with multiple executive orders 
addressing environmental justice as well as an April 7, 2021, directive 
by the EPA Administrator.\26\ In that directive, the Administrator 
instructed all EPA offices to take immediate and affirmative steps to 
incorporate EJ considerations into their work, including assessing 
impacts to pollution-burdened, underserved, and Tribal communities in 
regulatory development processes and considering regulatory options to 
maximize benefits to these communities.\27\
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    \26\ See Message from the EPA Administrator, Our Commitment to 
Environmental Justice (April 7, 2021) at www.epa.gov/sites/production/files/2021-04/documents/regan-messageoncommitmenttoenvironmentaljustice-april072021.pdf; E.O. 
13985, Executive Order on Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government (January 20, 
2021), available at www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/ 
and 86 FR 7009 (January 25, 2021)); E.O. 12898, Federal Actions To 
Address Environmental Justice in Minority Populations and Low-Income 
Populations (February 11, 1994), available at www.epa.gov/sites/production/files/2015-02/documents/exec_order_12898.pdf and 59 FR 
7629 (February 16, 1994)); E.O. 14096, Revitalizing Our Nation's 
Commitment to Environmental Justice for All, issued April 21, 2023, 
available at www.govinfo.gov/content/pkg/FR-2023-04-26/pdf/2023-08955.pdf and 88 FR 25251 (April 26, 2023).
    \27\ The EPA has defined environmental justice as ``the fair 
treatment and meaningful involvement of all people regardless of 
race, color, national origin, or income with respect to the 
development, implementation and enforcement of environmental laws, 
regulations and policies.'' See www.epa.gov/environmentaljustice/learn-about-environmental-justice.
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    The EPA considered the information described above in evaluating 
the request for a second 1-year extension of the Marginal attainment 
date, and we propose to find that this information does not weigh 
against our proposal to grant the request.

IV. Tribal Consultation

    In accordance with the EPA Policy on Consultation and Coordination 
with Indian Tribes, the EPA is offering an opportunity to the UIT for 
consultation during the public comment period on this proposed EPA 
action (see Section V.F of this notice).\28\
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    \28\ See EPA Policy on Consultation and Coordination with Indian 
Tribes, May 4, 2011, www.epa.gov/sites/default/files/2013-08/documents/cons-and-coord-with-indian-tribes-policy.pdf.
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V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 14094: Modernizing Regulatory Review

    This action is exempt from review under Executive Order 12866, as 
amended by Executive Order 14094, because it responds to the CAA 
requirement to determine whether areas designated nonattainment for an 
ozone NAAQS attained the standard by the applicable attainment date.

B. Paperwork Reduction Act (PRA)

    This proposed rule does not impose any new information collection 
burden under the PRA not already approved by the Office of Management 
and Budget. This action proposes to: (1) Find that this Marginal ozone 
nonattainment area failed to attain the 2015 NAAQS by the attainment 
date of Aug. 3, 2022; (2) Determine that this area qualifies for a 
second 1-year extension of the attainment date; (3) Grant the request 
by the State and Tribe to extend the attainment date to Aug. 3, 2023; 
and (4) Determine that thist area attained the standard by the new 
attainment date. Thus, the proposed action does not establish any new 
information collection burden that has not already been identified and 
approved in the EPA's information collection request.\29\
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    \29\ On April 30, 2018, the OMB approved EPA's request for 
renewal of the previously approved information collection request 
(ICR). The renewed request expired on April 30, 2021, 3 years after 
the approval date (see OMB Control Number 2060-0695 and ICR 
Reference Number 201801-2060-003 for EPA ICR No. 2347.03). On April 
30, 2021, the OMB published the final 30-day Notice (86 FR 22959) 
for the ICR renewal titled ``Implementation of the 8-Hour National 
Ambient Air Quality Standards for Ozone (Renewal)'' (see OMB Control 
Number 2060-0695 and ICR Reference No: 202104-2060-004 for EPA ICR 
Number 2347.04). The ICR renewal is pending OMB final approval.
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C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. The proposed 
determination to grant a 1-year attainment date extension and the 
proposed determinations of attainment by the proposed attainment date 
for the 2015 ozone NAAQS do not in and of themselves create any new 
requirements beyond what is mandated by the CAA. Instead, this 
rulemaking only makes factual determinations, and does not directly 
regulate any entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action imposes no enforceable duty on any 
state, local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government. The 
division of responsibility between the Federal Government and the 
states for purposes of implementing the NAAQS is established under the 
CAA.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action has tribal implications, because it proposes actions 
that will affect the ozone classification of a large area of Indian 
country within the U&O Reservation. However, it will neither

[[Page 25229]]

impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law.
    The EPA consulted with tribal officials under the EPA Policy on 
Consultation and Coordination with Indian Tribes early in the process 
of developing this regulation to permit them to have meaningful and 
timely input into its development. A summary of that consultation to 
date is provided in the docket. See ``Consultation with the UIT.docx.'' 
EPA intends to offer further consultation to the UIT upon signature of 
this proposal.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations and E.O. 
14096: Revitalizing Our Nation's Commitment to Environmental Justice 
for All

    The EPA believes that the human health and environmental conditions 
existing prior to this action do not result in disproportionate and 
adverse effects on communities with EJ concerns. The EPA believes that 
this action is not likely to result in new disproportionate and adverse 
effects on communities with environmental justice concerns. 
Documentation for this determination is presented in Section II.A of 
this action, ``Extension of Marginal Area Attainment Date.'' Supporting 
information is described in Section III of this action, ``Environmental 
Justice Considerations'' and the relevant documents have been placed in 
the public docket for this action.
    With respect to the determinations of whether areas have attained 
the NAAQS by the attainment date, the EPA has no discretionary 
authority to address EJ in these determinations. CAA section 
181(b)(2)(A) directs that within 6 months following the applicable 
attainment date, the Administrator shall determine, based on the area's 
design value as of the attainment date, whether the area attained the 
standard by that date. Except for any Severe or Extreme area, any area 
that the Administrator finds has not attained the standard by that date 
shall be reclassified by operation of law to either the next higher 
classification or the classification applicable to the area's design 
value. Id.

List of Subjects

40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Designations and classifications, Incorporation 
by reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Designations and classifications, 
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: April 3, 2024.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2024-07501 Filed 4-9-24; 8:45 am]
BILLING CODE 6560-50-P