Clean Data Determination; Salt Lake City, Utah 2006 Fine Particulate Matter Standards Nonattainment Area, 26053-26057 [2019-11702]
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Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Proposed Rules
III. Consideration of Section 110(l) of
the CAA
Under section 110(l) of the CAA, the
EPA cannot approve a SIP revision if the
revision would interfere with any
applicable requirements concerning
attainment and reasonable further
progress (RFP) toward attainment of the
NAAQS, or any other applicable
requirement of the Act. In addition,
section 110(l) requires that each revision
to an implementation plan submitted by
a state shall be adopted by the state after
reasonable notice and public hearing.
The Utah SIP revisions that the EPA
is proposing to approve do not interfere
with any applicable requirements of the
Act. The revisions to R307–101–2 and
R307–403 submitted by Utah on March
27, 2014, and August 7, 2018, do not
relax any existing requirements and are
intended to meet applicable
requirements of the Act. Therefore, CAA
section 110(l) requirements are satisfied.
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IV. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the Utah rules promulgated in the DAR,
R307–400 Series as discussed in section
III of this preamble. The EPA has made,
and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 8 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
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• 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 proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations,
Greenhouse gases, Lead, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
May 30, 2019.
Debra Thomas,
Acting Regional Administrator, EPA Region
8.
[FR Doc. 2019–11700 Filed 6–4–19; 8:45 am]
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26053
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0081; FRL–9994–56–
Region 8]
Clean Data Determination; Salt Lake
City, Utah 2006 Fine Particulate Matter
Standards Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to make a
clean data determination (CDD) for the
2006 24-hour fine particulate matter
(PM2.5) Salt Lake City, Utah, (UT)
nonattainment area (NAA). The
proposed determination is based upon
quality-assured, quality-controlled, and
certified ambient air monitoring data for
the period 2016–2018, 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
our proposed determination that the
Salt Lake City, UT NAA is currently
attaining the 24-hour PM2.5 NAAQS, the
EPA is also proposing to determine 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: Comments must be received on
or before July 5, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2019–0081 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
the disclosure of which 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
SUMMARY:
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submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Crystal Ostigaard, Air and Radiation
Division, U.S. EPA, Region 8, Mailcode
8ARD–QP, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6602, ostigaard.crystal@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
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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 (mg/m3) to 35 mg/m3. The EPA
retained the form of the 1997 24-hour
standard, that is, the 98th percentile of
the annual 24-hour concentrations at
each population-oriented monitor
within an area, averaged over 3 years.
See 71 FR 61164–5 (October 17, 2006).
On November 13, 2009 (74 FR 58688),
the EPA designated a number of areas as
nonattainment for the 24-hour PM2.5
NAAQS of 35 mg/m3, including the Salt
Lake City, UT NAA. The Salt Lake City,
UT NAA includes Box Elder County
(partial), Davis County, Salt Lake
County, Tooele County (partial), and
Weber County (partial). The EPA
originally designated these areas under
the general provisions of CAA title I,
part D, subpart 1 (‘‘subpart 1’’), under
which attainment plans must provide
for the attainment of a specific NAAQS
(in this case, the 2006 PM2.5 standards)
as expeditiously as practicable, but no
later than 5 years from the date the areas
were designated nonattainment.
Subsequently, on January 4, 2013, the
U.S. Court of Appeals for the District of
Columbia Circuit held in NRDC v. EPA 1
that the EPA should have implemented
the 2006 24-hour PM2.5 standard based
on both the general NAA requirements
in subpart 1 and the PM-specific
requirements of CAA title I, part D,
subpart 4 (‘‘subpart 4’’). In response to
the Court’s decision in NRDC v. EPA, on
June 2, 2014 (79 FR 31566), the EPA
finalized the ‘‘Identification of
Nonattainment Classification and
Deadlines for Submission of State
Implementation Plan (SIP) Provisions
for the 1997 Fine Particulate (PM2.5)
NAAQS and 2006 PM2.5 NAAQS.’’ This
rule classified the areas that were
designated in 2009 as nonattainment to
Moderate and set the attainment SIP
1 706
F.3d 428 (D.C. Cir. 2013).
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submittal due date for those areas at
December 31, 2014. Additionally, this
rule established the Moderate area
attainment date of December 31, 2015.
After the court’s decision and the EPA’s
June 2, 2014 rule, on December 16,
2014, Utah withdrew all prior Salt Lake
City, UT PM2.5 SIP submissions and
submitted a new SIP to address both the
general requirements of subpart 1 and
the PM-specific requirements of subpart
4 for Moderate areas.
On August 24, 2016, the EPA
finalized the Fine Particulate Matter
National Ambient Air Quality
Standards: State Implementation Plan
Requirements (‘‘PM2.5 SIP Requirements
Rule’’), 81 FR 58010, which addressed
the January 4, 2013 court ruling. The
PM2.5 SIP Requirements Rule provides
the EPA’s interpretation of the
requirements applicable to PM2.5 NAAs
and explains how air agencies can meet
the statutory SIP requirements that
apply under subparts 1 and 4 to areas
designated nonattainment for any PM2.5
NAAQS.
The EPA has previously acted on
portions of Utah’s Moderate area
attainment plan for the Salt Lake City,
UT NAA. Specifically, we approved
certain area source rules and related
reasonably available control measure
(RACM) analyses on February 25, 2016
(81 FR 9343), October 19, 2016 (81 FR
71988) and September 14, 2017 (82 FR
43205). We have not disapproved any
portions of the plan; as a result, the
clocks for sanctions under section
179(a) and for a Federal Implementation
Plan (FIP) under section 110(c) are not
in effect for the Salt Lake City, UT NAA.
Finally, on May 10, 2017 (82 FR
21711), the EPA determined that the
Salt Lake City, UT NAA failed to attain
the 2006 24-hour PM2.5 NAAQS by the
Moderate attainment date of December
31, 2015. With this determination, the
Salt Lake City, UT NAA was reclassified
as a ‘‘Serious’’ area for the 2006 24-hour
PM2.5 NAAQS, with a new attainment
date of December 31, 2019. This
reclassification triggered an obligation
for Utah to submit a new, Serious area
attainment plan consisting of several
elements, including a control strategy
and demonstration of attainment by the
new attainment date. See 40 CFR
51.1003(b)(1).
II. Clean Data Determination
Over the past two decades, the EPA
has consistently applied its ‘‘Clean Data
Policy’’ interpretation to attainment
related provisions of Part D of the CAA.
The EPA codified the Clean Data Policy
in the PM2.5 SIP Requirements Rule (40
CFR 51.1015(a)) for the implementation
of current and future PM2.5 NAAQS. See
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81 FR 58010, 58161 (August 24, 2016).
For a complete discussion of the Clean
Data Policy’s history and the EPA’s
longstanding interpretation under the
CAA, please refer to the PM2.5 SIP
Requirements Rule.2
As codified at 40 CFR 51.1015(a) in
the PM2.5 SIP Requirements Rule, upon
a determination by the EPA that a
Moderate PM2.5 NAA has attained the
PM2.5 NAAQS, the requirements for the
State to submit an attainment
demonstration, provisions
demonstrating timely implementation of
RACM (including reasonably available
control technology (RACT)), a
reasonable further progress (RFP) plan,
quantitative milestones and quantitative
milestone reports, and contingency
measures shall be suspended.
Additionally, under 40 CFR 51.1015(b),
upon determination by the EPA that a
Serious PM2.5 NAA has attained the
PM2.5 NAAQS, the requirements for the
State to submit an attainment
demonstration, RFP, quantitative
milestones and quantitative milestone
reports, and contingency measures for
the area will be suspended. However,
the EPA’s longstanding policy for the
best available control measure (BACM)/
best available control technology
(BACT) requirement of CAA section
189(b)(1)(B) is that the requirement is
independent of attainment. Thus, a CDD
would not suspend the obligation for
Utah to submit any applicable
outstanding BACM/BACT requirements
or other requirements that are
independent of attainment.
By extension, the requirement to
submit a motor vehicle emission budget
(MVEB) for the attainment year (both for
a Moderate and Serious NAA) for the
purposes of transportation conformity is
also suspended. A MVEB is that portion
of the total allowable emissions defined
in the submitted or approved control
strategy implementation plan revision
or maintenance plan for a certain date
for the purpose of meeting RFP
milestones or demonstrating attainment
or maintenance of the NAAQS, for any
criteria pollutant or its precursors,
allocated to highway and transit vehicle
use and emissions.3 For the purposes of
the transportation conformity
regulations, the control strategy
implementation plan revision is the
implementation plan which contains
specific strategies for controlling the
emissions of and reducing ambient
levels of pollutants in order to satisfy
2 See Fine Particulate Matter National Ambient
Air Quality Standards: State Implementation Plan
Requirements, 81 FR 58010, 58127 (August 24,
2016).
3 40 CFR 93.101.
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CAA requirements for demonstrations of
RFP and attainment.4 Given that MVEBs
are required to support the RFP and
attainment demonstration requirements
in the attainment plan, suspension of
the RFP and attainment demonstration
requirements through a CDD also
suspends the requirement to submit
MVEBs for the attainment and RFP
years. The suspension of planning
requirements pursuant to 40 CFR
51.1015 does not preclude the State
from submitting suspended elements of
its Moderate and Serious area
attainment plans for the EPA’s approval
in order to strengthen the State’s SIP.
The planning elements under subpart
1 and subpart 4 generally include RFP,
attainment demonstrations, RACM/
RACT, NAA contingency measures, and
other state planning requirements
related to attaining the NAAQS.5 The
suspension of the obligation to submit
such requirements applies regardless of
when the plan submissions are due. The
CDD does not suspend CAA
requirements that are independent of
helping the area achieve attainment,
such as the requirements to submit an
emissions inventory, nonattainment
new source review (NNSR), and BACM/
BACT requirements. The determination
of attainment is not equivalent to a
redesignation, and the State must still
meet the statutory requirements for
redesignation in order to be
redesignated to attainment. See CAA
section 107(d)(3)(E).
In accordance with 40 CFR 51.1015(a)
and (b), the CDD suspends the
aforementioned SIP obligations until
such time as the area is redesignated to
attainment, after which such
requirements are permanently
discharged; or 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.
A. Monitoring Network Considerations
Determining whether an area has
attained the NAAQS is based on
monitored air quality data; thus, the
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3 40
4 40
CFR 93.101.
CFR 93.101.
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validity of a determination of attainment
depends in part on whether the
monitoring network adequately
measures ambient PM2.5 levels in the
NAA. The Utah Department of Air
Quality (UDAQ) is the governmental
agency with the authority and
responsibilities under the State’s laws
for collecting ambient air quality data
for the Salt Lake City, UT NAA and
submitting the data to AQS. UDAQ
annually certifies that the data they
submit to AQS are quality assured.
UDAQ also submits an annual
monitoring network plan (AMNP) to the
EPA. These plans discuss the status of
the air monitoring network, as required
under 40 CFR part 58. With respect to
PM2.5 monitoring in the Salt Lake City,
UT NAA, the EPA found that UDAQ’s
annual network plans met the
applicable requirements under 40 CFR
part 58 for the relevant period, 2016–
2018. The UDAQ operated eight PM2.5
State and Local Air Monitoring Station
(SLAMS) monitors during the 2016–
2018 period within the Salt Lake City,
UT PM2.5 NAA: Brigham City, Ogden 2,
Bountiful, Magna, Rose Park, Hawthorn,
Herrimam #3, and Erda.
B. Salt Lake City, UT Monitoring
On March 14, 2017, the EPA approved
Utah’s 2016 AMNP, and on April 20,
2017, UDAQ submitted a letter that
contained the AMP 600 and AMP
450NC reports required to certify the
2016 air quality data in Utah. UDAQ
completed the date certification process
in AQS and with the April 20, 2017
letter, certified that the 2016 air quality
data is accurate.
On October 27, 2017, the EPA
approved Utah’s 2017 AMNP, and on
April 10, 2018, the UDAQ submitted a
letter that contained the AMP 600 and
AMP 450NC reports required to certify
the 2017 air quality data in Utah. With
the April 10, 2018 letter, UDAQ
completed the data certification process
in AQS and certified that the 2017 air
quality data is accurate.
On March 20, 2019, the EPA approved
Utah’s 2018 AMNP, and on February 1,
2019, the UDAQ submitted a letter that
contained the AMP 600 and AMP
450NC reports required to certify the
2018 air quality data in Utah. With the
February 1, 2019 letter, UDAQ
completed the data certification process
in AQS and certified that the 2018 air
quality data is accurate.
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26055
C. Evaluation of Current Attainment
The EPA’s evaluation of whether the
Salt Lake City, UT PM2.5 NAA has
attained the 2006 24-hour PM2.5 NAAQS
is based on our review of all valid
monitoring data ‘‘produced by suitable
monitors that are required to be
submitted to AQS, or otherwise
available to EPA ....’’ See Appendix N,
3.0(a). Based on our review, the PM2.5
monitoring network for the Salt Lake
City, UT NAA meets the requirements
stated above and is therefore adequate
for use in determining whether the area
attained the 2006 24-hour PM2.5
NAAQS.
The EPA reviewed the PM2.5 ambient
air monitoring data from the Brigham
City (AQS site 49–003–0003), Ogden 2
(AQS site 49–057–0002), Bountiful
(AQS site 49–011–0004), Magna (AQS
site 49–035–1001), Rose Park (AQS site
49–035–3010), Hawthorn (AQS site 49–
035–3006), Herrimam #3 (AQS site 49–
035–3013), and Erda (AQS site 49–045–
0004) monitoring sites consistent with
the requirements contained in 40 CFR
part 50, as recorded in the EPA AQS
database for the Salt Lake City, UT
NAA.
The CAA allows for the exclusion of
air quality monitoring data from design
value calculations when there are
exceedances caused by events, such as
wildfires or high wind events, that meet
the criteria for an exceptional event
identified in the EPA’s implementing
regulations, the Exceptional Events Rule
at 40 CFR 50.1, 50.14, and 51.930. In
2017, emissions from fireworks and
wildfires impacted PM2.5 concentrations
recorded at the Rose Park monitor
within the Salt Lake City, UT NAA. For
purposes of this proposed action, on
November 21, 2017 and January 2, 2018,
UDAQ submitted exceptional event
demonstrations to request exclusion of
2017 data impacted by fireworks and
wildfires. On February 2, 2019, UDAQ
submitted supplemental information
pertaining to the exceptional event
package for data impacted by fireworks
in 2017. The EPA evaluated UDAQ’s
exceptional event demonstrations for
the flagged values of the 24-hour PM2.5
listed in Table 1, at the Rose Park
monitor in the Salt Lake City, UT NAA,
with respect to the requirements of the
EPA’s Exceptional Events Rule (40 CFR
50.1, 50.14, and 50.930).
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TABLE 1—24-HOUR PM2.5 VALUES AT THE ROSE PARK MONITORING STATION, CONCURRED ON BY THE EPA AS MEETING
THE EXCEPTIONAL EVENT CRITERIA
[μg/m3]
24-hr PM2.5 concentration 49–035–3010
Date
FRM filter
Co-located filter
7/4/2017 .....................................................................................................................
9/6/2017 .....................................................................................................................
37.8
37.8
On May 23, 2019 and May 28, 2019,
the EPA concurred with UDAQ’s
requests to exclude event-influenced
data listed in Table 1 above, finding that
the UDAQ demonstration met the
Exceptional Event Rule criteria. As
such, the event-influenced data have
been removed from the data set used for
regulatory purposes. For this proposed
action, the EPA relies on the calculated
values that exclude the event-influenced
data (see Table 2 below). The EPA now
proposes to take final regulatory action
on UDAQ’s request to exclude PM2.5
data listed in Table 1, in regulatory
decisions. For further information, refer
to UDAQ’s Exceptional Event
The design value for the 2006 24-hour
PM2.5 NAAQS for the years 2016–2018
at the Rose Park monitor site was 35 mg/
m3, which is equal to the standard of 35
mg/m3. See Table 2 below for the annual
98th percentiles and 3-year design value
for the 2016–2018 monitoring period.
As a result, the EPA has preliminarily
concluded that the Salt Lake City, UT
NAA continues to meet the 2006 24hour PM2.5 NAAQS of 35 mg/m3 for the
period 2016–2018, the most recent 3year period of certified data availability.
Should there be a subsequent violation
of the 2006 PM2.5 standards in the Salt
Lake City, UT NAA, the EPA will
withdraw the CDD.
demonstration packages and the EPA’s
concurrence and analyses located in the
docket for this proposed action.
As shown in Table 2 below, Brigham
City, Ogden 2, Bountiful, Rose Park and
Hawthorn monitors in the Salt Lake
City, UT NAA have collected complete
data since 2012 and are trending
downward overall. The Magna monitor
was trending downward from 2012;
however, the monitor was discontinued
in 2018. The Erda monitor began
collecting data in 2016 and has an
attaining design value for 2016–2018.
The Herrimam #3 monitor began
collecting data in 2016; however,
quarter 1 of 2018 is incomplete but is
still showing attainment for 2016–2018.
41
37.7
Continuous
(primary monitor)
40
36.8
TABLE 2—DESIGN VALUE CONCENTRATIONS FOR THE SALT LAKE CITY, UT NAA FOR THE 2006 24-HOUR PM2.5 NAAQS
[μg/m3]
3-year design values
Monitor site
Monitor ID
2012–2014
Brigham City ........
Ogden 2 ...............
Bountiful ...............
Magna ..................
Rose Park ............
Hawthorn ..............
Herrimam #3 ........
Erda .....................
49–003–0003
49–057–0002
49–011–0004
49–035–1001
49–035–3010
49–035–3006
49–035–3013
49–045–0004
.......
.......
.......
.......
.......
.......
.......
.......
2013–2015
35
35
38
35
43
41
—
—
2014–2016
35
37
40
35
44
42
—
—
2015–2017
31
35
33
32
41
37
—
—
2016–2018
33
33
30
28
37
34
—
—
32
30
29
Discontinued
35
33
* 27
26
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* Q1 of 2018 is incomplete. See Utah Clean Data Determination of the 2006 24-Hour Fine Particulate Matter National Ambient Air Quality
Standard for the Provo, Utah Nonattainment Area Memo found in the accompanying docket.
D. Clean Data Determination for the Salt
Lake City, UT Nonattainment Area
Based on the monitoring data for the
period 2016–2018, the EPA is proposing
to determine that the area has
demonstrated attainment of the 2006 24hr PM2.5 NAAQS. In accordance with 40
CFR 51.1015, a CDD can be made upon
a determination by the EPA that a
Moderate or Serious PM2.5 NAA is
attaining the PM2.5 NAAQS. As
provided in 40 CFR 51.1015, so long as
this area continues to meet the standard,
finalization of this determination
suspends the requirements for this area
to submit an attainment demonstration,
associated RACM/RACT (for the
Moderate NAA plan), RFP plan,
contingency measures, and any other
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planning SIP requirements related to the
attainment of the 2006 PM2.5 NAAQS.
For purposes of this NAAQS, the
requirements to submit a projected
attainment inventory as part of an
attainment demonstration or RFP as
well as a MVEB are also suspended by
this determination.
As discussed in the PM2.5 SIP
Requirements Rule, the nonattainment
base emissions inventory required by
section 172(c)(3) is not suspended by
this determination because the base
inventory is a requirement independent
of planning for an area’s attainment. See
81 FR 58009 at 58028 and 58127–8 and
80 FR 15340 at 15441–2. Additionally,
the PM2.5 SIP Requirements Rule states
that the NNSR requirement is required
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by CAA sections 110(a)(2)(C); 172(c)(5);
173; 189(a); and 189(e), and is not
suspended by a CDD because this
requirement is independent of the area’s
attainment planning. See 81 FR 58010 at
58107 and 58127. Furthermore, the
BACM/BACT requirements found in
CAA section 189(b)(1)(B) are not
suspended with a CDD for a Serious
NAA due to this requirement being
independent of attainment. See 81 FR
58010 at 58128.
Under the proposed CDD, the
planning requirements noted above (for
both Moderate and Serious areas) shall
be suspended, until such time as the
area is redesignated to attainment, after
which such requirements are
permanently discharged. This proposed
E:\FR\FM\05JNP1.SGM
05JNP1
Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Proposed Rules
jbell on DSK3GLQ082PROD with PROPOSALS
action, if finalized, will not constitute a
redesignation to attainment under CAA
section 107(d)(3)(E), because the State
must have an approved maintenance
plan for the area as required under
section 175A of the CAA, and the EPA
must determine that the area has met
the other requirements for redesignation
in order to be redesignated to
attainment. Therefore, the designation
status of the area will remain
nonattainment for the 2006 PM2.5
NAAQS until such time as the EPA
determines that the area meets the CAA
requirements for redesignation to
attainment under CAA section
107(d)(3)(E).
It is possible, although not expected,
that the Salt Lake City, UT area could
violate the 24-hour PM2.5 NAAQS before
a maintenance plan is adopted,
submitted, and approved, and the area
is redesignated to attainment. Under 40
CFR 51.1015(a)(2) and (b)(2), if the EPA
determines that the area has re-violated
the 24-hour PM2.5 NAAQS, the EPA will
rescind the CDD and the State shall be
required to submit the suspended
attainment plan elements. Even so,
submission of the suspended elements
may be insufficient to eliminate future
violations. Therefore, the issuance of a
SIP call under section 110(k)(5) could be
an appropriate response. This SIP call
could require the State to submit, by a
reasonable deadline not to exceed 18
months, a revised plan demonstrating
expeditious attainment and complying
with other requirements applicable to
the area at the time of this finding.
Under CAA section 172(d), the EPA may
reasonably adjust the dates applicable to
these requirements.
III. Proposed Action
The EPA is proposing to make a CDD
for the 2006 24-hour PM2.5 Salt Lake
City, UT NAA based on the area’s
monitoring data for 2016–2018.
Pursuant to 40 CFR 51.1015(a) and (b),
the EPA proposes to determine that the
obligation to submit attainment-related
SIP revisions arising from classification
of the Salt Lake City, 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 UDAQ’s obligation to
submit non-attainment-related
requirements, which includes the baseyear emission inventory, NNSR
revisions, and BACM/BACT. This
proposed action, if finalized, would not
constitute a redesignation to attainment
under CAA section 107(d)(3).
VerDate Sep<11>2014
16:58 Jun 04, 2019
Jkt 247001
IV. Statutory and Executive Order
Reviews
This action proposes to issue a
determination of attainment based on
air quality and to suspend certain
federal requirements, and thus, would
not impose additional requirements
beyond those imposed by state law. For
this reason, this proposed 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 an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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, this proposed action does
not 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 proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
26057
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 30, 2019.
Debra Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2019–11702 Filed 6–4–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0177; FRL–9994–25–
Region 6]
Air Plan Approval; New Mexico; City of
Albuquerque-Bernalillo County; New
Source Review (NSR) Preconstruction
Permitting Program
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve revisions to the
applicable New Source Review (NSR)
State Implementation Plan (SIP) for the
City of Albuquerque-Bernalillo County.
The EPA is proposing to approve a
newly adopted Minor New Source
Review (MNSR) permitting regulation to
waive permitting requirements for
certain sources, and to create new
procedures for authorizing construction
and modification of certain sources in a
related amendment to another
regulation.
SUMMARY:
Written comments must be
received on or before July 5, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2018–0177, at https://
www.regulations.gov or via email to
barrett.richard@epa.gov. Follow the
online instructions for submitting
comments. 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
DATES:
E:\FR\FM\05JNP1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Proposed Rules]
[Pages 26053-26057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11702]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0081; FRL-9994-56-Region 8]
Clean Data Determination; Salt Lake City, Utah 2006 Fine
Particulate Matter Standards Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to make
a clean data determination (CDD) for the 2006 24-hour fine particulate
matter (PM2.5) Salt Lake City, Utah, (UT) nonattainment area
(NAA). The proposed determination is based upon quality-assured,
quality-controlled, and certified ambient air monitoring data for the
period 2016-2018, 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 our proposed determination that the Salt Lake City, UT NAA is
currently attaining the 24-hour PM2.5 NAAQS, the EPA is also
proposing to determine 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: Comments must be received on or before July 5, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0081 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information the disclosure of which 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
[[Page 26054]]
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air and Radiation
Division, U.S. EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street,
Denver, Colorado 80202-1129, (303) 312-6602, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' is used, it is intended to refer to 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\. The EPA retained the form of the
1997 24-hour standard, that is, the 98th percentile of the annual 24-
hour concentrations at each population-oriented monitor within an area,
averaged over 3 years. See 71 FR 61164-5 (October 17, 2006).
On November 13, 2009 (74 FR 58688), the EPA designated a number of
areas as nonattainment for the 24-hour PM2.5 NAAQS of 35
[micro]g/m\3\, including the Salt Lake City, UT NAA. The Salt Lake
City, UT NAA includes Box Elder County (partial), Davis County, Salt
Lake County, Tooele County (partial), and Weber County (partial). The
EPA originally designated these areas under the general provisions of
CAA title I, part D, subpart 1 (``subpart 1''), under which attainment
plans must provide for the attainment of a specific NAAQS (in this
case, the 2006 PM2.5 standards) as expeditiously as
practicable, but no later than 5 years from the date the areas were
designated nonattainment.
Subsequently, on January 4, 2013, the U.S. Court of Appeals for the
District of Columbia Circuit held in NRDC v. EPA \1\ that the EPA
should have implemented the 2006 24-hour PM2.5 standard
based on both the general NAA requirements in subpart 1 and the PM-
specific requirements of CAA title I, part D, subpart 4 (``subpart
4''). In response to the Court's decision in NRDC v. EPA, on June 2,
2014 (79 FR 31566), the EPA finalized the ``Identification of
Nonattainment Classification and Deadlines for Submission of State
Implementation Plan (SIP) Provisions for the 1997 Fine Particulate
(PM2.5) NAAQS and 2006 PM2.5 NAAQS.'' This rule
classified the areas that were designated in 2009 as nonattainment to
Moderate and set the attainment SIP submittal due date for those areas
at December 31, 2014. Additionally, this rule established the Moderate
area attainment date of December 31, 2015. After the court's decision
and the EPA's June 2, 2014 rule, on December 16, 2014, Utah withdrew
all prior Salt Lake City, UT PM2.5 SIP submissions and
submitted a new SIP to address both the general requirements of subpart
1 and the PM-specific requirements of subpart 4 for Moderate areas.
---------------------------------------------------------------------------
\1\ 706 F.3d 428 (D.C. Cir. 2013).
---------------------------------------------------------------------------
On August 24, 2016, the EPA finalized the Fine Particulate Matter
National Ambient Air Quality Standards: State Implementation Plan
Requirements (``PM2.5 SIP Requirements Rule''), 81 FR 58010,
which addressed the January 4, 2013 court ruling. The PM2.5
SIP Requirements Rule provides the EPA's interpretation of the
requirements applicable to PM2.5 NAAs and explains how air
agencies can meet the statutory SIP requirements that apply under
subparts 1 and 4 to areas designated nonattainment for any
PM2.5 NAAQS.
The EPA has previously acted on portions of Utah's Moderate area
attainment plan for the Salt Lake City, UT NAA. Specifically, we
approved certain area source rules and related reasonably available
control measure (RACM) analyses on February 25, 2016 (81 FR 9343),
October 19, 2016 (81 FR 71988) and September 14, 2017 (82 FR 43205). We
have not disapproved any portions of the plan; as a result, the clocks
for sanctions under section 179(a) and for a Federal Implementation
Plan (FIP) under section 110(c) are not in effect for the Salt Lake
City, UT NAA.
Finally, on May 10, 2017 (82 FR 21711), the EPA determined that the
Salt Lake City, UT NAA failed to attain the 2006 24-hour
PM2.5 NAAQS by the Moderate attainment date of December 31,
2015. With this determination, the Salt Lake City, UT NAA was
reclassified as a ``Serious'' area for the 2006 24-hour
PM2.5 NAAQS, with a new attainment date of December 31,
2019. This reclassification triggered an obligation for Utah to submit
a new, Serious area attainment plan consisting of several elements,
including a control strategy and demonstration of attainment by the new
attainment date. See 40 CFR 51.1003(b)(1).
II. Clean Data Determination
Over the past two decades, the EPA has consistently applied its
``Clean Data Policy'' interpretation to attainment related provisions
of Part D of the CAA. The EPA codified the Clean Data Policy in the
PM2.5 SIP Requirements Rule (40 CFR 51.1015(a)) for the
implementation of current and future PM2.5 NAAQS. See 81 FR
58010, 58161 (August 24, 2016). For a complete discussion of the Clean
Data Policy's history and the EPA's longstanding interpretation under
the CAA, please refer to the PM2.5 SIP Requirements Rule.\2\
---------------------------------------------------------------------------
\2\ See Fine Particulate Matter National Ambient Air Quality
Standards: State Implementation Plan Requirements, 81 FR 58010,
58127 (August 24, 2016).
---------------------------------------------------------------------------
As codified at 40 CFR 51.1015(a) in the PM2.5 SIP
Requirements Rule, upon a determination by the EPA that a Moderate
PM2.5 NAA has attained the PM2.5 NAAQS, the
requirements for the State to submit an attainment demonstration,
provisions demonstrating timely implementation of RACM (including
reasonably available control technology (RACT)), a reasonable further
progress (RFP) plan, quantitative milestones and quantitative milestone
reports, and contingency measures shall be suspended. Additionally,
under 40 CFR 51.1015(b), upon determination by the EPA that a Serious
PM2.5 NAA has attained the PM2.5 NAAQS, the
requirements for the State to submit an attainment demonstration, RFP,
quantitative milestones and quantitative milestone reports, and
contingency measures for the area will be suspended. However, the EPA's
longstanding policy for the best available control measure (BACM)/best
available control technology (BACT) requirement of CAA section
189(b)(1)(B) is that the requirement is independent of attainment.
Thus, a CDD would not suspend the obligation for Utah to submit any
applicable outstanding BACM/BACT requirements or other requirements
that are independent of attainment.
By extension, the requirement to submit a motor vehicle emission
budget (MVEB) for the attainment year (both for a Moderate and Serious
NAA) for the purposes of transportation conformity is also suspended. A
MVEB is that portion of the total allowable emissions defined in the
submitted or approved control strategy implementation plan revision or
maintenance plan for a certain date for the purpose of meeting RFP
milestones or demonstrating attainment or maintenance of the NAAQS, for
any criteria pollutant or its precursors, allocated to highway and
transit vehicle use and emissions.\3\ For the purposes of the
transportation conformity regulations, the control strategy
implementation plan revision is the implementation plan which contains
specific strategies for controlling the emissions of and reducing
ambient levels of pollutants in order to satisfy
[[Page 26055]]
CAA requirements for demonstrations of RFP and attainment.\4\ Given
that MVEBs are required to support the RFP and attainment demonstration
requirements in the attainment plan, suspension of the RFP and
attainment demonstration requirements through a CDD also suspends the
requirement to submit MVEBs for the attainment and RFP years. The
suspension of planning requirements pursuant to 40 CFR 51.1015 does not
preclude the State from submitting suspended elements of its Moderate
and Serious area attainment plans for the EPA's approval in order to
strengthen the State's SIP.
---------------------------------------------------------------------------
\3\ 40 CFR 93.101.
\4\ 40 CFR 93.101.
---------------------------------------------------------------------------
The planning elements under subpart 1 and subpart 4 generally
include RFP, attainment demonstrations, RACM/RACT, NAA contingency
measures, and other state planning requirements related to attaining
the NAAQS.\5\ The suspension of the obligation to submit such
requirements applies regardless of when the plan submissions are due.
The CDD does not suspend CAA requirements that are independent of
helping the area achieve attainment, such as the requirements to submit
an emissions inventory, nonattainment new source review (NNSR), and
BACM/BACT requirements. The determination of attainment is not
equivalent to a redesignation, and the State must still meet the
statutory requirements for redesignation in order to be redesignated to
attainment. See CAA section 107(d)(3)(E).
---------------------------------------------------------------------------
\5\ PM2.5 SIP Requirements Rule (81 FR 58010).
---------------------------------------------------------------------------
In accordance with 40 CFR 51.1015(a) and (b), the CDD suspends the
aforementioned SIP obligations until such time as the area is
redesignated to attainment, after which such requirements are
permanently discharged; or 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.
A. Monitoring Network Considerations
Determining whether an area has attained the NAAQS is based on
monitored air quality data; thus, the validity of a determination of
attainment depends in part on whether the monitoring network adequately
measures ambient PM2.5 levels in the NAA. The Utah
Department of Air Quality (UDAQ) is the governmental agency with the
authority and responsibilities under the State's laws for collecting
ambient air quality data for the Salt Lake City, UT NAA and submitting
the data to AQS. UDAQ annually certifies that the data they submit to
AQS are quality assured. UDAQ also submits an annual monitoring network
plan (AMNP) to the EPA. These plans discuss the status of the air
monitoring network, as required under 40 CFR part 58. With respect to
PM2.5 monitoring in the Salt Lake City, UT NAA, the EPA
found that UDAQ's annual network plans met the applicable requirements
under 40 CFR part 58 for the relevant period, 2016-2018. The UDAQ
operated eight PM2.5 State and Local Air Monitoring Station
(SLAMS) monitors during the 2016-2018 period within the Salt Lake City,
UT PM2.5 NAA: Brigham City, Ogden 2, Bountiful, Magna, Rose
Park, Hawthorn, Herrimam #3, and Erda.
B. Salt Lake City, UT Monitoring
On March 14, 2017, the EPA approved Utah's 2016 AMNP, and on April
20, 2017, UDAQ submitted a letter that contained the AMP 600 and AMP
450NC reports required to certify the 2016 air quality data in Utah.
UDAQ completed the date certification process in AQS and with the April
20, 2017 letter, certified that the 2016 air quality data is accurate.
On October 27, 2017, the EPA approved Utah's 2017 AMNP, and on
April 10, 2018, the UDAQ submitted a letter that contained the AMP 600
and AMP 450NC reports required to certify the 2017 air quality data in
Utah. With the April 10, 2018 letter, UDAQ completed the data
certification process in AQS and certified that the 2017 air quality
data is accurate.
On March 20, 2019, the EPA approved Utah's 2018 AMNP, and on
February 1, 2019, the UDAQ submitted a letter that contained the AMP
600 and AMP 450NC reports required to certify the 2018 air quality data
in Utah. With the February 1, 2019 letter, UDAQ completed the data
certification process in AQS and certified that the 2018 air quality
data is accurate.
C. Evaluation of Current Attainment
The EPA's evaluation of whether the Salt Lake City, UT
PM2.5 NAA has attained the 2006 24-hour PM2.5
NAAQS is based on our review of all valid monitoring data ``produced by
suitable monitors that are required to be submitted to AQS, or
otherwise available to EPA ....'' See Appendix N, 3.0(a). Based on our
review, the PM2.5 monitoring network for the Salt Lake City,
UT NAA meets the requirements stated above and is therefore adequate
for use in determining whether the area attained the 2006 24-hour
PM2.5 NAAQS.
The EPA reviewed the PM2.5 ambient air monitoring data
from the Brigham City (AQS site 49-003-0003), Ogden 2 (AQS site 49-057-
0002), Bountiful (AQS site 49-011-0004), Magna (AQS site 49-035-1001),
Rose Park (AQS site 49-035-3010), Hawthorn (AQS site 49-035-3006),
Herrimam #3 (AQS site 49-035-3013), and Erda (AQS site 49-045-0004)
monitoring sites consistent with the requirements contained in 40 CFR
part 50, as recorded in the EPA AQS database for the Salt Lake City, UT
NAA.
The CAA allows for the exclusion of air quality monitoring data
from design value calculations when there are exceedances caused by
events, such as wildfires or high wind events, that meet the criteria
for an exceptional event identified in the EPA's implementing
regulations, the Exceptional Events Rule at 40 CFR 50.1, 50.14, and
51.930. In 2017, emissions from fireworks and wildfires impacted
PM2.5 concentrations recorded at the Rose Park monitor
within the Salt Lake City, UT NAA. For purposes of this proposed
action, on November 21, 2017 and January 2, 2018, UDAQ submitted
exceptional event demonstrations to request exclusion of 2017 data
impacted by fireworks and wildfires. On February 2, 2019, UDAQ
submitted supplemental information pertaining to the exceptional event
package for data impacted by fireworks in 2017. The EPA evaluated
UDAQ's exceptional event demonstrations for the flagged values of the
24-hour PM2.5 listed in Table 1, at the Rose Park monitor in
the Salt Lake City, UT NAA, with respect to the requirements of the
EPA's Exceptional Events Rule (40 CFR 50.1, 50.14, and 50.930).
[[Page 26056]]
Table 1--24-Hour PM2.5 Values at the Rose Park Monitoring Station, Concurred on by the EPA as Meeting the
Exceptional Event Criteria
[[micro]g/m\3\]
----------------------------------------------------------------------------------------------------------------
24-hr PM2.5 concentration 49-035-3010
--------------------------------------------------------
Date Continuous
FRM filter Co-located filter (primary monitor)
----------------------------------------------------------------------------------------------------------------
7/4/2017............................................... 37.8 41 40
9/6/2017............................................... 37.8 37.7 36.8
----------------------------------------------------------------------------------------------------------------
On May 23, 2019 and May 28, 2019, the EPA concurred with UDAQ's
requests to exclude event-influenced data listed in Table 1 above,
finding that the UDAQ demonstration met the Exceptional Event Rule
criteria. As such, the event-influenced data have been removed from the
data set used for regulatory purposes. For this proposed action, the
EPA relies on the calculated values that exclude the event-influenced
data (see Table 2 below). The EPA now proposes to take final regulatory
action on UDAQ's request to exclude PM2.5 data listed in
Table 1, in regulatory decisions. For further information, refer to
UDAQ's Exceptional Event demonstration packages and the EPA's
concurrence and analyses located in the docket for this proposed
action.
As shown in Table 2 below, Brigham City, Ogden 2, Bountiful, Rose
Park and Hawthorn monitors in the Salt Lake City, UT NAA have collected
complete data since 2012 and are trending downward overall. The Magna
monitor was trending downward from 2012; however, the monitor was
discontinued in 2018. The Erda monitor began collecting data in 2016
and has an attaining design value for 2016-2018. The Herrimam #3
monitor began collecting data in 2016; however, quarter 1 of 2018 is
incomplete but is still showing attainment for 2016-2018.
The design value for the 2006 24-hour PM2.5 NAAQS for
the years 2016-2018 at the Rose Park monitor site was 35 [micro]g/m\3\,
which is equal to the standard of 35 [micro]g/m\3\. See Table 2 below
for the annual 98th percentiles and 3-year design value for the 2016-
2018 monitoring period. As a result, the EPA has preliminarily
concluded that the Salt Lake City, UT NAA continues to meet the 2006
24-hour PM2.5 NAAQS of 35 [micro]g/m\3\ for the period 2016-
2018, the most recent 3-year period of certified data availability.
Should there be a subsequent violation of the 2006 PM2.5
standards in the Salt Lake City, UT NAA, the EPA will withdraw the CDD.
Table 2--Design Value Concentrations for the Salt Lake City, UT NAA for the 2006 24-Hour PM2.5 NAAQS
[[micro]g/m\3\]
--------------------------------------------------------------------------------------------------------------------------------------------------------
3-year design values
Monitor site Monitor ID ----------------------------------------------------------------------------------------------
2012-2014 2013-2015 2014-2016 2015-2017 2016-2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
Brigham City...................... 49-003-0003.......... 35 35 31 33 32
Ogden 2........................... 49-057-0002.......... 35 37 35 33 30
Bountiful......................... 49-011-0004.......... 38 40 33 30 29
Magna............................. 49-035-1001.......... 35 35 32 28 Discontinued
Rose Park......................... 49-035-3010.......... 43 44 41 37 35
Hawthorn.......................... 49-035-3006.......... 41 42 37 34 33
Herrimam #3....................... 49-035-3013.......... -- -- -- -- * 27
Erda.............................. 49-045-0004.......... -- -- -- -- 26
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Q1 of 2018 is incomplete. See Utah Clean Data Determination of the 2006 24-Hour Fine Particulate Matter National Ambient Air Quality Standard for the
Provo, Utah Nonattainment Area Memo found in the accompanying docket.
D. Clean Data Determination for the Salt Lake City, UT Nonattainment
Area
Based on the monitoring data for the period 2016-2018, the EPA is
proposing to determine that the area has demonstrated attainment of the
2006 24-hr PM2.5 NAAQS. In accordance with 40 CFR 51.1015, a
CDD can be made upon a determination by the EPA that a Moderate or
Serious PM2.5 NAA is attaining the PM2.5 NAAQS.
As provided in 40 CFR 51.1015, so long as this area continues to meet
the standard, finalization of this determination suspends the
requirements for this area to submit an attainment demonstration,
associated RACM/RACT (for the Moderate NAA plan), RFP plan, contingency
measures, and any other planning SIP requirements related to the
attainment of the 2006 PM2.5 NAAQS. For purposes of this
NAAQS, the requirements to submit a projected attainment inventory as
part of an attainment demonstration or RFP as well as a MVEB are also
suspended by this determination.
As discussed in the PM2.5 SIP Requirements Rule, the
nonattainment base emissions inventory required by section 172(c)(3) is
not suspended by this determination because the base inventory is a
requirement independent of planning for an area's attainment. See 81 FR
58009 at 58028 and 58127-8 and 80 FR 15340 at 15441-2. Additionally,
the PM2.5 SIP Requirements Rule states that the NNSR
requirement is required by CAA sections 110(a)(2)(C); 172(c)(5); 173;
189(a); and 189(e), and is not suspended by a CDD because this
requirement is independent of the area's attainment planning. See 81 FR
58010 at 58107 and 58127. Furthermore, the BACM/BACT requirements found
in CAA section 189(b)(1)(B) are not suspended with a CDD for a Serious
NAA due to this requirement being independent of attainment. See 81 FR
58010 at 58128.
Under the proposed CDD, the planning requirements noted above (for
both Moderate and Serious areas) shall be suspended, until such time as
the area is redesignated to attainment, after which such requirements
are permanently discharged. This proposed
[[Page 26057]]
action, if finalized, will not constitute a redesignation to attainment
under CAA section 107(d)(3)(E), because the State must have an approved
maintenance plan for the area as required under section 175A of the
CAA, and the EPA must determine that the area has met the other
requirements for redesignation in order to be redesignated to
attainment. Therefore, the designation status of the area will remain
nonattainment for the 2006 PM2.5 NAAQS until such time as
the EPA determines that the area meets the CAA requirements for
redesignation to attainment under CAA section 107(d)(3)(E).
It is possible, although not expected, that the Salt Lake City, UT
area could violate the 24-hour PM2.5 NAAQS before a
maintenance plan is adopted, submitted, and approved, and the area is
redesignated to attainment. Under 40 CFR 51.1015(a)(2) and (b)(2), if
the EPA determines that the area has re-violated the 24-hour
PM2.5 NAAQS, the EPA will rescind the CDD and the State
shall be required to submit the suspended attainment plan elements.
Even so, submission of the suspended elements may be insufficient to
eliminate future violations. Therefore, the issuance of a SIP call
under section 110(k)(5) could be an appropriate response. This SIP call
could require the State to submit, by a reasonable deadline not to
exceed 18 months, a revised plan demonstrating expeditious attainment
and complying with other requirements applicable to the area at the
time of this finding. Under CAA section 172(d), the EPA may reasonably
adjust the dates applicable to these requirements.
III. Proposed Action
The EPA is proposing to make a CDD for the 2006 24-hour
PM2.5 Salt Lake City, UT NAA based on the area's monitoring
data for 2016-2018. Pursuant to 40 CFR 51.1015(a) and (b), the EPA
proposes to determine that the obligation to submit attainment-related
SIP revisions arising from classification of the Salt Lake City, 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 UDAQ's obligation to submit non-attainment-
related requirements, which includes the base-year emission inventory,
NNSR revisions, and BACM/BACT. This proposed action, if finalized,
would not constitute a redesignation to attainment under CAA section
107(d)(3).
IV. Statutory and Executive Order Reviews
This action proposes to issue a determination of attainment based
on air quality and to suspend certain federal requirements, and thus,
would not impose additional requirements beyond those imposed by state
law. For this reason, this proposed 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 an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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, this proposed action does not 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 proposed rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 30, 2019.
Debra Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2019-11702 Filed 6-4-19; 8:45 am]
BILLING CODE 6560-50-P
