Clean Data Determination; Provo, Utah 2006 Fine Particulate Matter Standards Nonattainment Area, 14267-14268 [2019-06820]

Download as PDF Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Rules and Regulations (b) The agency must treat the digitized versions, now the recordkeeping versions, in the same way it would have treated the original source records. The agency must retain the digitized versions for the remaining portion of any retention period established by the applicable records schedule. (c) Agencies do not need to obtain NARA approval to destroy scheduled temporary records they have digitized according to this part. David S. Ferriero, Archivist of the United States. [FR Doc. 2019–06916 Filed 4–9–19; 8:45 am] BILLING CODE 7515–01–P [EPA–R08–OAR–2018–0353; FRL–9991–76– Region 8] Clean Data Determination; Provo, Utah 2006 Fine Particulate Matter Standards Nonattainment Area Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is finalizing a clean data determination (CDD) for the 2006 24hour fine particulate matter (PM2.5) Provo, Utah (UT) nonattainment area (NAA). The determination was based upon quality-assured, quality-controlled and certified ambient air monitoring data for the period 2015–2017; available in the EPA’s Air Quality System (AQS) database, showing the area has monitored attainment of the 2006 24hour PM2.5 National Ambient Air Quality Standards (NAAQS). Based on this determination that the Provo, UT NAA is currently attaining the 24-hour PM2.5 NAAQS, the EPA is also finalizing a determination that the obligation for Utah to make submissions to meet certain Clean Air Act (CAA or the Act) requirements related to attainment of the NAAQS for this area is not applicable for as long as the area continues to attain the NAAQS. DATES: This rule is effective on May 10, 2019. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R08–OAR–2018–0353. All documents in the docket are listed on the https://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. SUMMARY: jbell on DSK30RV082PROD with RULES Crystal Ostigaard, Air Program, U.S. EPA, Region 8, Mailcode 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129, (303) 312–6602, ostigaard.crystal@epa.gov. I. Background 40 CFR Part 52 16:10 Apr 09, 2019 FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means the EPA. ENVIRONMENTAL PROTECTION AGENCY VerDate Sep<11>2014 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 https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. Jkt 247001 On October 17, 2006 (71 FR 61144), the EPA revised the level of the 24-hour PM2.5 NAAQS, lowering the primary and secondary standards from the 1997 standard of 65 micrograms per cubic meter (mg/m3) to 35 mg/m3. On November 13, 2009 (74 FR 58688), the EPA designated several areas as nonattainment for the 24-hour PM2.5 NAAQS of 35 mg/m3, including the Provo, UT NAA. On February 12, 2019 (84 FR 3373), the EPA proposed a CDD for the 2006 24-hour PM2.5 Provo, UT NAA based on the area’s current attainment of the standard. Pursuant to 40 CFR 51.1015(a) and (b), the EPA proposed to determine that the obligation to submit any remaining attainment-related state implementation plan (SIP) revisions arising from classification of the Provo, UT area as a Moderate NAA and subsequent reclassification as a Serious NAA under subpart 4 of part D (of title I of the Act) for the 2006 24-hour PM2.5 NAAQS is not applicable for so long as the area continues to attain the 2006 24hour PM2.5 NAAQS. However, the CDD does not suspend Utah Division of Air Quality’s (UDAQ’s) obligation to submit nonattainment-related requirements, which includes the base-year emission inventory, nonattainment new source review (NNSR) revisions, and best available control measures/best available control technologies (BACM/ BACT). This action does not constitute a redesignation to attainment under CAA section 107(d)(3). Additional detail can be found in the February 12, 2019 (84 FR 3373) proposed action. II. Response to Comments The EPA did not receive any comments on the proposed action. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 14267 III. Final Action The EPA is finalizing a CDD for the 2006 24-hour PM2.5 Provo, UT NAA based on the area’s current attainment of the standard. Pursuant to 40 CFR 51.1015(a) and (b), the EPA is determining that the obligation to submit any remaining attainmentrelated SIP revisions arising from classification of the Provo, UT area as a Moderate NAA and subsequent reclassification as a Serious NAA under subpart 4 of part D (of title I of the Act) for the 2006 24-hour PM2.5 NAAQS is not applicable for so long as the area continues to attain the 2006 24-hour PM2.5 NAAQS. In particular, as discussed in the proposed action (84 FR 3373), the obligation for UDAQ to submit attainment demonstrations, projected emissions inventories, RACM (including RACT), reasonable further progress (RFP) plans, motor vehicle emissions budgets (MVEB), quantitative milestones, and contingency measures, for the Provo, UT area are suspended until such time as: (1) The area is redesignated to attainment, after which such requirements are permanently discharged; or (2) the EPA determines that the area has re-violated the PM2.5 NAAQS, at which time the state shall submit such attainment plan elements for the Moderate and Serious NAA plans by a future date to be determined by the EPA and announced through publication in the Federal Register at the time the EPA determines the area is violating the PM2.5 NAAQS. However, the CDD does not suspend UDAQ’s obligation to submit nonattainment-related requirements, which includes the base-year emission inventory, NNSR revisions, and BACM/ BACT. This action does not constitute a redesignation to attainment under CAA section 107(d)(3). IV. Statutory and Executive Order Reviews This action finalizes a determination of attainment based on air quality and suspends certain federal requirements, and thus would not impose additional requirements beyond those imposed by state law. For this reason, this final action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not expected to be an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because this action is not significant under Executive Order 12866; E:\FR\FM\10APR1.SGM 10APR1 jbell on DSK30RV082PROD with RULES 14268 Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Rules and Regulations • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide 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). In addition, 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 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 VerDate Sep<11>2014 16:10 Apr 09, 2019 Jkt 247001 ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 10, 2019. 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, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: April 2, 2019. Debra Thomas, Acting Regional Administrator, Region 8. [FR Doc. 2019–06820 Filed 4–9–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2018–0018; FRL–9991–95– Region 4] Air Plan Approval; Kentucky: Jefferson County Prevention of Significant Deterioration Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve two revisions to the Jefferson County portion of the Kentucky State Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, through the Energy and Environment Cabinet (Cabinet), with letters dated August 25, 2017 and March 15, 2018. The SIP revisions were submitted by the Cabinet on behalf of the Louisville Metro Air Pollution Control District (District) and make amendments to Jefferson County’s regulation regarding the prevention of significant deterioration (PSD) permitting program. This action is being taken pursuant to the Clean Air Act (CAA or Act). DATES: This rule is effective May 10, 2019. SUMMARY: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 EPA has established a docket for this action under Docket ID No. EPA–R04–OAR–2018–0018. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information 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 either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Andres Febres, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. The telephone number is (404) 562–8966. Mr. Febres can also be reached via electronic mail at febres-martinez.andres@epa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Background EPA is taking final action to approve changes to the Jefferson County portion of the Kentucky SIP that were provided to EPA through two letters dated August 25, 2017 and March 15, 2018.1 EPA is finalizing approval of portions of these SIP revisions that make changes to the District’s Regulation 2.05—Prevention of Significant Deterioration of Air Quality, which applies to the construction and modification of any major stationary source in areas designated as attainment or unclassifiable as required by part C of title I of the CAA. These revisions are intended to make the Jefferson County PSD permitting regulation consistent with the federal requirements, as promulgated by EPA.2 The August 25, 1 EPA notes that the Agency received the SIP revisions on August 29, 2017 and March 23, 2018. 2 EPA’s regulations governing the implementation of New Source Review (NSR) permitting programs are contained in 40 CFR 51.160–51.166; 52.21, E:\FR\FM\10APR1.SGM 10APR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Rules and Regulations]
[Pages 14267-14268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06820]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0353; FRL-9991-76-Region 8]


Clean Data Determination; Provo, Utah 2006 Fine Particulate 
Matter Standards Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is finalizing a 
clean data determination (CDD) for the 2006 24-hour fine particulate 
matter (PM2.5) Provo, Utah (UT) nonattainment area (NAA). 
The determination was based upon quality-assured, quality-controlled 
and certified ambient air monitoring data for the period 2015-2017; 
available in the EPA's Air Quality System (AQS) database, showing the 
area has monitored attainment of the 2006 24-hour PM2.5 
National Ambient Air Quality Standards (NAAQS). Based on this 
determination that the Provo, UT NAA is currently attaining the 24-hour 
PM2.5 NAAQS, the EPA is also finalizing a determination that 
the obligation for Utah to make submissions to meet certain Clean Air 
Act (CAA or the Act) requirements related to attainment of the NAAQS 
for this area is not applicable for as long as the area continues to 
attain the NAAQS.

DATES:  This rule is effective on May 10, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2018-0353. All documents in the docket are 
listed on the https://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 https://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air Program, U.S. 
EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 
80202-1129, (303) 312-6602, [email protected].

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

I. Background

    On October 17, 2006 (71 FR 61144), the EPA revised the level of the 
24-hour PM2.5 NAAQS, lowering the primary and secondary 
standards from the 1997 standard of 65 micrograms per cubic meter 
([micro]g/m\3\) to 35 [micro]g/m\3\. On November 13, 2009 (74 FR 
58688), the EPA designated several areas as nonattainment for the 24-
hour PM2.5 NAAQS of 35 [micro]g/m\3\, including the Provo, 
UT NAA.
    On February 12, 2019 (84 FR 3373), the EPA proposed a CDD for the 
2006 24-hour PM2.5 Provo, UT NAA based on the area's current 
attainment of the standard. Pursuant to 40 CFR 51.1015(a) and (b), the 
EPA proposed to determine that the obligation to submit any remaining 
attainment-related state implementation plan (SIP) revisions arising 
from classification of the Provo, UT area as a Moderate NAA and 
subsequent reclassification as a Serious NAA under subpart 4 of part D 
(of title I of the Act) for the 2006 24-hour PM2.5 NAAQS is 
not applicable for so long as the area continues to attain the 2006 24-
hour PM2.5 NAAQS. However, the CDD does not suspend Utah 
Division of Air Quality's (UDAQ's) obligation to submit nonattainment-
related requirements, which includes the base-year emission inventory, 
nonattainment new source review (NNSR) revisions, and best available 
control measures/best available control technologies (BACM/BACT). This 
action does not constitute a redesignation to attainment under CAA 
section 107(d)(3). Additional detail can be found in the February 12, 
2019 (84 FR 3373) proposed action.

II. Response to Comments

    The EPA did not receive any comments on the proposed action.

III. Final Action

    The EPA is finalizing a CDD for the 2006 24-hour PM2.5 
Provo, UT NAA based on the area's current attainment of the standard. 
Pursuant to 40 CFR 51.1015(a) and (b), the EPA is determining that the 
obligation to submit any remaining attainment-related SIP revisions 
arising from classification of the Provo, UT area as a Moderate NAA and 
subsequent reclassification as a Serious NAA under subpart 4 of part D 
(of title I of the Act) for the 2006 24-hour PM2.5 NAAQS is 
not applicable for so long as the area continues to attain the 2006 24-
hour PM2.5 NAAQS. In particular, as discussed in the 
proposed action (84 FR 3373), the obligation for UDAQ to submit 
attainment demonstrations, projected emissions inventories, RACM 
(including RACT), reasonable further progress (RFP) plans, motor 
vehicle emissions budgets (MVEB), quantitative milestones, and 
contingency measures, for the Provo, UT area are suspended until such 
time as: (1) The area is redesignated to attainment, after which such 
requirements are permanently discharged; or (2) the EPA determines that 
the area has re-violated the PM2.5 NAAQS, at which time the 
state shall submit such attainment plan elements for the Moderate and 
Serious NAA plans by a future date to be determined by the EPA and 
announced through publication in the Federal Register at the time the 
EPA determines the area is violating the PM2.5 NAAQS.
    However, the CDD does not suspend UDAQ's obligation to submit non-
attainment-related requirements, which includes the base-year emission 
inventory, NNSR revisions, and BACM/BACT. This action does not 
constitute a redesignation to attainment under CAA section 107(d)(3).

IV. Statutory and Executive Order Reviews

    This action finalizes a determination of attainment based on air 
quality and suspends certain federal requirements, and thus would not 
impose additional requirements beyond those imposed by state law. For 
this reason, this final action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not expected to be an Executive Order 13771 (82 FR 
9339, February 2, 2017) regulatory action because this action is not 
significant under Executive Order 12866;

[[Page 14268]]

     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide 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).
    In addition, 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 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 10, 2019. 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: April 2, 2019.
Debra Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2019-06820 Filed 4-9-19; 8:45 am]
 BILLING CODE 6560-50-P

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