Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Revisions to Ozone Offset Requirements in Davis and Salt Lake Counties, 46417-46420 [2017-21111]

Download as PDF Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations * * * * 1129, (303) 312–6227, leone.kevin@ epa.gov. SUPPLEMENTARY INFORMATION: * [FR Doc. 2017–21379 Filed 10–4–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2016–0620; FRL–9968–74– Region 8] Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Revisions to Ozone Offset Requirements in Davis and Salt Lake Counties Environmental Protection Agency. ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve State Implementation Plan (SIP) revisions submitted by the State of Utah on August 20, 2013, and on June 29, 2017. The submittals revise the portions of the Utah Administrative Code (UAC) that pertain to ozone offset requirements in Davis and Salt Lake Counties for major sources. This action is being taken under section 110 of the Clean Air Act (CAA) (Act). DATES: This final rule is effective on November 6, 2017. ADDRESSES: The EPA has established a docket for this action under Docket Identification Number EPA–R08–OAR– 2016–0620. All documents in the docket are listed on the https:// www.regulations.gov index. Although listed in the index, some information may not be publicly available, e.g., Confidential Business Information 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 either electronically through https:// www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129. The EPA requests that you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P–AR, 1595 Wynkoop, Denver, Colorado 80202– ethrower on DSK3G9T082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:56 Oct 04, 2017 Jkt 244001 I. Background On August 20, 2013, with supporting administrative documentation submitted on September 12, 2013, Utah sent the EPA revisions to their nonattainment permitting regulations, specifically to address EPA identified deficiencies in those regulations that may also affect the EPA’s ability to approve Utah’s fine particulate matter (PM2.5) SIP. These revisions addressed R307–403–1 (Purpose and Definitions), R307–403–2 (Applicability), R307–403– 11 (Actual Plant-wide Applicability Limits (PALs)), and R307–420 (Ozone Offset Requirements in Davis and Salt Lake Counties). On June 2, 2016, the EPA entered into a consent decree with the Center for Biological Diversity, Center for Environmental Health, and Neighbors for Clean Air regarding a failure to act, pursuant to CAA sections 110(k)(2)–(4), on certain complete SIP submissions from states intended to address specific requirements related to the 2006 p.m.2.5 NAAQS for certain nonattainment areas, including the submittal from the Governor of Utah dated August 20, 2013. On February 3, 2017, the EPA published a final rulemaking (82 FR 9138) to conditionally approve the revisions in Utah’s August 20, 2013 submittal, except for the revisions to R307–420. The submittal did not contain the appropriate supporting documentation required for the EPA to take action on R307–420. As a result, the EPA requested an extension for taking action on R307–420, and on December 20, 2016, the EPA was granted an extension which moved the deadline for taking final action on R307–420 from January 3, 2017, to September 29, 2017 (See docket). Utah submitted on June 29, 2017, an additional SIP revision that addresses the lack of appropriate supporting documentation for R307–420. II. Response to Comments No comments were received on our July 14, 2017 notice of proposed rulemaking (82 FR 32517). III. Final Action The EPA is taking final action to approve Utah’s revisions to R307–420 and R307–403–6, as submitted on August 20, 2013, and June 29, 2017. R307–420 maintains the offset provisions of the nonattainment area new source review (NNSR) permitting program in Salt Lake and Davis Counties after the area is re-designated PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 46417 to attainment for ozone. R307–420 also establishes more stringent offset requirements for nitrogen oxides that may be triggered as a contingency measure under Utah’s ozone maintenance plan. R307–420 was also modified to include the definitions and applicability provisions of R307–403 (Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas) to ensure that the definitions and applicability provisions in R307–420 are consistent with related permitting rules in R307–403. The EPA is taking final action to approve these revisions. On August 20, 2013, Utah submitted revisions to the definitions in the NNSR program that addressed certain deficiencies in the program. Utah also submitted revisions to the corresponding definitions in R307–420. As explained in our proposed rulemaking published on July 14, 2017 (82 FR 32517), since the EPA had not received the 1999 rulemaking that created R307–420 as a SIP submittal, we were unable to take action on the revisions to R307–420 in our February 3, 2017 (82 FR 9138) final rulemaking for Utah’s revisions to Nonattainment Permitting Regulations. Utah’s June 29, 2017 submittal addressed this issue by submitting the 1999 rule revisions that created R307– 420 and modified R307–403–6. As these rule revisions preserve the ozone maintenance plan requirements for offsets and contingency measures in Salt Lake and Davis Counties while improving the clarity of those requirements, we proposed to approve the 1999 rule revisions on July 14, 2017 (82 FR 32517). We also proposed to approve the remaining portion of the August 20, 2013 submittal. The EPA is taking final action to approve the subsequent revisions to R307–420, submitted on August 20, 2013, that Utah promulgated to ensure that the definitions and applicability provisions in R307–420 are consistent with related permitting rules in R307– 403. For the reasons explained in our July 14, 2017 notice of proposed rulemaking, the definitions and applicability provisions in R307–403 are consistent with requirements for NNSR programs found in 40 CFR 51.165. While R307–420 is part of the ozone maintenance plan for Salt Lake and Davis Counties and not part of the NNSR program, and therefore, not directly subject to the requirements in 40 CFR 51.165, we view the corresponding revisions to the definitions and applicability provisions as strengthening the maintenance plan. Specifically, the EPA is approving the E:\FR\FM\05OCR1.SGM 05OCR1 46418 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations following revisions to Utah’s nonattainment permitting regulations: TABLE 1—REVISED SECTIONS AS PUBLIC NOTICED IN THE UTAH STATE BULLETIN ON MARCH 1, 1999 (Submitted on June 29, 2017) Adds Section R307–420–1 (Purpose). Adds Section R307–420–2 (Definitions). Adds Section R307–420–3 (Applicability). Adds Section R307–420–4 (General Requirements). Adds Section R307–420–5 (Contingency Measure: Offsets for Oxides of Nitrogen). Revises Section R307–403–6 (Offsets: Ozone Nonattainment Areas and Davis and Salt Lake Counties). 1. Removes the phrase: ‘‘and Davis and Salt Lake Counties’’ from title. 2. Adds the phrase: ‘‘In any ozone nonattainment area’’. 3. Adds the phrase ‘‘42 U.S.C. 7511a’’. 4. Removes the language: ‘‘As outlined in Section 182 of the federal Clean Air Act, for moderate areas, the emission offset ratio must be at least 1.15.1. (1) Ozone Maintenance Plan, Salt Lake and Davis Counties. In the event that the contingency measures described in Section IX, Part D.2.h.(3) of the State Implementation Plan are triggered, the offset requirement in (2) below shall apply to emissions of both volatile organic compounds and oxides of nitrogen. (2) The emission offset ratio must be at least 1.2.1, and offset must be obtained for the same pollutant for which the source or modification has been deemed ‘‘major’’. TABLE 2—REVISED SECTIONS SUBMITTED ON AUGUST 20, 2013 R307–420–1 (Purpose) the phrase: ‘‘Except as provided in R307–420–2, the definitions in R307–403–1 apply to R307–420.’’ R307–420–3 (Applicability) the new paragraph: (3) The applicability provision in R307–403–2(1)(a) through (f) and R307–403–2(2)(2) through (7) apply in R307–420.’’ Please refer to the August 20, 2013 and June 29, 2017 submittal for further details on these revisions. IV. Incorporation by Reference ethrower on DSK3G9T082PROD with RULES In this rule, 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 the UDAQ rules as described in the amendments to 40 CFR part 52 set forth in this document. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or 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 SIP, 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 by the Director of the Federal Register in the next update to the SIP compilation.1 V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a 1 62 FR 27968 (May 22, 1997). VerDate Sep<11>2014 16:56 Oct 04, 2017 Jkt 244001 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 Order 12866 (58 FR 51735, October 4, 1993); • 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 in 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 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 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 Clean Air Act; and • Does not provide the 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). The SIP is not approved to apply on any Indian reservation land or in any other area where the 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 E:\FR\FM\05OCR1.SGM 05OCR1 46419 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations of the United States. The 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 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 December 4, 2017. 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 Rule No. Rule title * enforce its requirements. (See CAA section 307(b)(2)). Subpart TT—Utah List of Subjects in 40 CFR Part 52 ■ Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: September 20, 2017. Suzanne J. Bohan, Acting Regional Administrator, Region 8. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS § 52.2320 1. The authority citation for part 52 continues to read as follows: ■ * Authority: 42 U.S.C. 7401 et seq. Identification of plan. * * (c) * * * * Final rule citation, date State effective date * 2. Section 52.2320, paragraph (c), is amended as follows: ■ a. Under the centered heading ‘‘R307– 403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas’’: ■ i. By revising the table entry for ‘‘R307–403.’’ ■ ii. By adding a table entry for ‘‘R307– 403–6’’ in numerical order. ■ b. By adding a centered heading ‘‘R307–420. Permits: Ozone Offset Requirements in Davis and Salt Lake Counties’’ and table entries for ‘‘R307– 420–1’’, ‘‘R307–420–2’’, ‘‘R307–420–3’’, ‘‘R307–420–4’’, and ‘‘R307–420–5’’ in numerical order. The revision and additions read as follows: * * * Comments * * * R307–403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas R307–403 ............ Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas. * R307–403–6 ........ * Offsets: Ozone Nonattainment Areas. * 9/15/1998 71 FR 7679, 2/14/2006 9/15/1998 * * [insert Federal Register citation], 10/5/ 2017. * * * * Except for R307–403–1, R307–403–2, R307– 403–6, R307–403–10, R307–403–11. * * * * * R307–420. Permits: Ozone Offset Requirements in Davis and Salt Lake Counties Purpose ........................ 3/1/1999, 7/1/2013 R307–420–2 ........ Definitions .................... 3/1/1999, 7/1/2013 R307–420–3 ........ Applicability .................. 3/1/1999, 7/1/2013 R307–420–4 ........ ethrower on DSK3G9T082PROD with RULES R307–420–1 ........ General Requirements 3/1/1999, 7/1/2013 R307–420–5 ........ Contingency Measure: Offsets for Oxides of Nitrogen. 3/1/1999, 7/1/2013 VerDate Sep<11>2014 17:25 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00051 [insert Federal Register citation], 10/5/ 2017. [insert Federal Register citation], 10/5/ 2017. [insert Federal Register citation], 10/5/ 2017. [insert Federal Register citation], 10/5/ 2017. [insert Federal Register citation], 10/5/ 2017. Fmt 4700 Sfmt 4700 E:\FR\FM\05OCR1.SGM 05OCR1 46420 * * Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations * * * [FR Doc. 2017–21111 Filed 10–4–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 70 [EPA–R07–OAR–2017–0485; FRL–9968–78– Region 7] Approval of Nebraska’s Air Quality Implementation Plan, Operating Permits Program, and 112(l) Program; Revision to Nebraska Administrative Code Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is approving revisions to the State Implementation Plan (SIP), Operating Permits Program, and 112(l) program submitted on July 14, 2014, by the State of Nebraska. This action amends the SIP to revise two chapters, ‘‘Definitions’’ and ‘‘Operating Permit Modifications; Reopening for Cause’’. Specifically, these revisions incorporate by reference the list of organic compounds exempt from the definition of volatile organic compound (VOC) found in the Code of Federal Regulations; notification requirements for the operating permit program are being amended to be consistent with the Federal operating permit program requirements; the definition of ‘‘solid waste’’ is being revised by the state, however, because the state’s definition is inconsistent with the Federal definition, EPA is not approving this definition into the SIP. Finally, the state is extending the process of ‘‘off-permit changes’’ to Class I operating permits. Additional grammatical and editorial changes are being made in this revision. Approval of these revisions will not impact air quality, ensures consistency between the State and Federallyapproved rules, and ensures Federal enforceability of the State’s rules. DATES: This direct final rule will be effective December 4, 2017, without further notice, unless EPA receives adverse comment by November 6, 2017. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R07– OAR–2017–0485, to https:// www.regulations.gov. Follow the online instructions for submitting comments. ethrower on DSK3G9T082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:56 Oct 04, 2017 Jkt 244001 Once submitted, comments cannot be edited or removed from 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 https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Greg Crable, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551– 7391, or by email at crable.gregory@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. This section provides additional information by addressing the following: I. What is being addressed in this document? II. Have the requirements for approval of a SIP revision been met? III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. What is being addressed in this document? Nebraska’s July 14, 2014, submission requested revisions to seven chapters of ‘‘Title 129—Nebraska Air Quality Regulations’’. This action will amend the SIP to include revisions to two of those chapters, title 129 of the Nebraska Administrative Code, chapter 1 ‘‘Definitions’’, and chapter 15 ‘‘Operating Permit Modifications; Reopening for Cause’’. Of the remaining five chapters, EPA previously approved revisions to two of the chapters in separate direct final rulemakings published in the Federal Register. Chapter 4, ‘‘Ambient Air Quality Standards’’ was approved on October 11, 2016, and chapter 34 ‘‘Emission Sources; Testing; Monitoring’’ was approved on October 7, 2016. EPA will take action separately on two other chapters, chapter 20 ‘‘Particulate PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 Emissions; Limits and Standards’’ and chapter 18 ‘‘New Performance Standards’’. The final chapter, chapter 28 ‘‘Hazardous Air Pollutants; Emissions Standards’’, submitted as part of the July 14, 2014, SIP submission, is not approved in the Nebraska SIP and therefore EPA will take no further action for this chapter. EPA is approving revisions to the Nebraska SIP and Operating Permits Program in title 129, chapter 1 ‘‘Definitions’’. The definition of VOC contained in section 160 of chapter 1 ‘‘Definitions’’ is being revised. Specifically, section 160 of chapter 1 contains a definition of VOC that provides exceptions to the definition based upon a list of organic compounds, which have been determined to have negligible photochemical reactivity. Because it is difficult to stay current in regard to the list of compounds, the revision EPA is approving removes the list at section 160, and references the list contained in the Code of Federal Regulations at 40 CFR 51.100(s)(1) and (5). In addition, revisions to chapter 1, section 139, are being made to the SIP and the Operating Permits Program to change the notification requirements for ‘‘Section 502(b)(10) changes’’ to require facilities to provide written notification at least 7 days in advance, rather than 30 days. This revision makes the notification requirements consistent with the Federal operating permit program requirements. In addition, Nebraska requested revisions to the definition of ‘‘solid waste’’ at chapter 1, section 144, to make it consistent with the definition of ‘‘solid waste’’ included in the Nebraska Environmental Protection Act and other applicable regulations in Nebraska.1 Neb. Rev. Stat. 81–1502(26). The definition as proposed by the Nebraska Department of Environmental Quality (NDEQ) is not consistent with the definition of ‘‘solid waste’’ in Federal law and regulations. Therefore, EPA is not approving Nebraska’s proposed revision to the definition of ‘‘solid waste’’ into the State Implementation Plan or Operating Permits Program. Finally, other grammatical and numerical edits are being made in this chapter. EPA is approving revisions to the Nebraska SIP, Operating Permits Program and 112(l) program for chapter 15 ‘‘Operating Permit Modifications; Reopening for Cause’’, which extends ‘‘off-permit changes’’ to Class I and II 1 The definition of ‘‘solid waste’’ in the Nebraska Environmental Protection Act was updated in 2013 as a result of Legislative Bill 203 to exclude ‘‘slag’’ from the definition. This revision further clarifies that ‘‘slag’’ is a by-product of value and therefore is excluded from the definition of ‘‘solid waste.’’ E:\FR\FM\05OCR1.SGM 05OCR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Rules and Regulations]
[Pages 46417-46420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21111]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2016-0620; FRL-9968-74-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; Revisions to Ozone Offset Requirements in Davis and Salt
Lake Counties

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve State Implementation Plan (SIP) revisions submitted
by the State of Utah on August 20, 2013, and on June 29, 2017. The
submittals revise the portions of the Utah Administrative Code (UAC)
that pertain to ozone offset requirements in Davis and Salt Lake
Counties for major sources. This action is being taken under section
110 of the Clean Air Act (CAA) (Act).

DATES: This final rule is effective on November 6, 2017.

ADDRESSES: The EPA has established a docket for this action under
Docket Identification Number EPA-R08-OAR-2016-0620. All documents in
the docket are listed on the https://www.regulations.gov index. Although
listed in the index, some information may not be publicly available,
e.g., Confidential Business Information 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 either electronically
through https://www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. The EPA requests that you contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You may view the hard copy of the
docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal
holidays.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129, (303) 312-6227,
leone.kevin@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On August 20, 2013, with supporting administrative documentation
submitted on September 12, 2013, Utah sent the EPA revisions to their
nonattainment permitting regulations, specifically to address EPA
identified deficiencies in those regulations that may also affect the
EPA's ability to approve Utah's fine particulate matter
(PM2.5) SIP. These revisions addressed R307-403-1 (Purpose
and Definitions), R307-403-2 (Applicability), R307-403-11 (Actual
Plant-wide Applicability Limits (PALs)), and R307-420 (Ozone Offset
Requirements in Davis and Salt Lake Counties). On June 2, 2016, the EPA
entered into a consent decree with the Center for Biological Diversity,
Center for Environmental Health, and Neighbors for Clean Air regarding
a failure to act, pursuant to CAA sections 110(k)(2)-(4), on certain
complete SIP submissions from states intended to address specific
requirements related to the 2006 p.m.2.5 NAAQS for certain
nonattainment areas, including the submittal from the Governor of Utah
dated August 20, 2013.
On February 3, 2017, the EPA published a final rulemaking (82 FR
9138) to conditionally approve the revisions in Utah's August 20, 2013
submittal, except for the revisions to R307-420. The submittal did not
contain the appropriate supporting documentation required for the EPA
to take action on R307-420. As a result, the EPA requested an extension
for taking action on R307-420, and on December 20, 2016, the EPA was
granted an extension which moved the deadline for taking final action
on R307-420 from January 3, 2017, to September 29, 2017 (See docket).
Utah submitted on June 29, 2017, an additional SIP revision that
addresses the lack of appropriate supporting documentation for R307-
420.

II. Response to Comments

No comments were received on our July 14, 2017 notice of proposed
rulemaking (82 FR 32517).

III. Final Action

The EPA is taking final action to approve Utah's revisions to R307-
420 and R307-403-6, as submitted on August 20, 2013, and June 29, 2017.
R307-420 maintains the offset provisions of the nonattainment area new
source review (NNSR) permitting program in Salt Lake and Davis Counties
after the area is re-designated to attainment for ozone. R307-420 also
establishes more stringent offset requirements for nitrogen oxides that
may be triggered as a contingency measure under Utah's ozone
maintenance plan. R307-420 was also modified to include the definitions
and applicability provisions of R307-403 (Permits: New and Modified
Sources in Nonattainment Areas and Maintenance Areas) to ensure that
the definitions and applicability provisions in R307-420 are consistent
with related permitting rules in R307-403. The EPA is taking final
action to approve these revisions.
On August 20, 2013, Utah submitted revisions to the definitions in
the NNSR program that addressed certain deficiencies in the program.
Utah also submitted revisions to the corresponding definitions in R307-
420. As explained in our proposed rulemaking published on July 14, 2017
(82 FR 32517), since the EPA had not received the 1999 rulemaking that
created R307-420 as a SIP submittal, we were unable to take action on
the revisions to R307-420 in our February 3, 2017 (82 FR 9138) final
rulemaking for Utah's revisions to Nonattainment Permitting
Regulations.
Utah's June 29, 2017 submittal addressed this issue by submitting
the 1999 rule revisions that created R307-420 and modified R307-403-6.
As these rule revisions preserve the ozone maintenance plan
requirements for offsets and contingency measures in Salt Lake and
Davis Counties while improving the clarity of those requirements, we
proposed to approve the 1999 rule revisions on July 14, 2017 (82 FR
32517). We also proposed to approve the remaining portion of the August
20, 2013 submittal.
The EPA is taking final action to approve the subsequent revisions
to R307-420, submitted on August 20, 2013, that Utah promulgated to
ensure that the definitions and applicability provisions in R307-420
are consistent with related permitting rules in R307-403. For the
reasons explained in our July 14, 2017 notice of proposed rulemaking,
the definitions and applicability provisions in R307-403 are consistent
with requirements for NNSR programs found in 40 CFR 51.165. While R307-
420 is part of the ozone maintenance plan for Salt Lake and Davis
Counties and not part of the NNSR program, and therefore, not directly
subject to the requirements in 40 CFR 51.165, we view the corresponding
revisions to the definitions and applicability provisions as
strengthening the maintenance plan. Specifically, the EPA is approving
the

[[Page 46418]]

following revisions to Utah's nonattainment permitting regulations:

Table 1--Revised Sections as Public Noticed in the Utah State Bulletin
on March 1, 1999
(Submitted on June 29, 2017)
------------------------------------------------------------------------

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Adds Section R307-420-1 (Purpose).
Adds Section R307-420-2 (Definitions).
Adds Section R307-420-3 (Applicability).
Adds Section R307-420-4 (General Requirements).
Adds Section R307-420-5 (Contingency Measure: Offsets for Oxides of
Nitrogen).
Revises Section R307-403-6 (Offsets: Ozone Nonattainment Areas and Davis
and Salt Lake Counties).
1. Removes the phrase: ``and Davis and Salt Lake Counties'' from title.
2. Adds the phrase: ``In any ozone nonattainment area''.
3. Adds the phrase ``42 U.S.C. 7511a''.
4. Removes the language:
``As outlined in Section 182 of the federal Clean Air Act, for moderate
areas, the emission offset ratio must be at least 1.15.1.
(1) Ozone Maintenance Plan, Salt Lake and Davis Counties. In the event
that the contingency measures described in Section IX, Part D.2.h.(3)
of the State Implementation Plan are triggered, the offset requirement
in (2) below shall apply to emissions of both volatile organic
compounds and oxides of nitrogen.
(2) The emission offset ratio must be at least 1.2.1, and offset must be
obtained for the same pollutant for which the source or modification
has been deemed ``major''.
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Table 2--Revised Sections Submitted on August 20, 2013
------------------------------------------------------------------------

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R307-420-1 (Purpose) the phrase: ``Except as provided in R307-420-2, the
definitions in R307-403-1 apply to R307-420.''
R307-420-3 (Applicability) the new paragraph: (3) The applicability
provision in R307-403-2(1)(a) through (f) and R307-403-2(2)(2) through
(7) apply in R307-420.''
------------------------------------------------------------------------

Please refer to the August 20, 2013 and June 29, 2017 submittal for
further details on these revisions.

IV. Incorporation by Reference

In this rule, 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 the UDAQ
rules as described in the amendments to 40 CFR part 52 set forth in
this document. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or 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 SIP, 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 by the Director
of the Federal Register in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. 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 Order
12866 (58 FR 51735, October 4, 1993);
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
in 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 Clean Air Act; and
Does not provide the 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the 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

[[Page 46419]]

of the United States. The 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 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 December 4, 2017. 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 CAA section 307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Incorporation by reference, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

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

Dated: September 20, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.

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. Section 52.2320, paragraph (c), is amended as follows:
0
a. Under the centered heading ``R307-403. Permits: New and Modified
Sources in Nonattainment Areas and Maintenance Areas'':
0
i. By revising the table entry for ``R307-403.''
0
ii. By adding a table entry for ``R307-403-6'' in numerical order.
0
b. By adding a centered heading ``R307-420. Permits: Ozone Offset
Requirements in Davis and Salt Lake Counties'' and table entries for
``R307-420-1'', ``R307-420-2'', ``R307-420-3'', ``R307-420-4'', and
``R307-420-5'' in numerical order.
The revision and additions read as follows:

Sec. 52.2320 Identification of plan.

* * * * *
(c) * * *

----------------------------------------------------------------------------------------------------------------
State effective Final rule
Rule No. Rule title date citation, date Comments
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas
----------------------------------------------------------------------------------------------------------------
R307-403.................. Permits: New and 9/15/1998 71 FR 7679, 2/14/ Except for R307-403-1,
Modified Sources 2006. R307-403-2, R307-403-
in Nonattainment 6, R307-403-10, R307-
Areas and 403-11.
Maintenance Areas.

* * * * * * *
R307-403-6................ Offsets: Ozone 9/15/1998 [insert Federal .......................
Nonattainment Register
Areas. citation], 10/5/
2017.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-420. Permits: Ozone Offset Requirements in Davis and Salt Lake Counties
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
R307-420-1................ Purpose........... 3/1/1999, 7/1/2013 [insert Federal .......................
Register
citation], 10/5/
2017.
R307-420-2................ Definitions....... 3/1/1999, 7/1/2013 [insert Federal .......................
Register
citation], 10/5/
2017.
R307-420-3................ Applicability..... 3/1/1999, 7/1/2013 [insert Federal .......................
Register
citation], 10/5/
2017.
R307-420-4................ General 3/1/1999, 7/1/2013 [insert Federal .......................
Requirements. Register
citation], 10/5/
2017.
R307-420-5................ Contingency 3/1/1999, 7/1/2013 [insert Federal .......................
Measure: Offsets Register
for Oxides of citation], 10/5/
Nitrogen. 2017.
----------------------------------------------------------------------------------------------------------------

[[Page 46420]]

* * * * *
[FR Doc. 2017-21111 Filed 10-4-17; 8:45 am]
BILLING CODE 6560-50-P

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