Approval and Promulgation of Implementation Plans; State of Utah; Salt Lake County, Utah County, and Ogden City PM10, 10989-10993 [2020-03022]
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Federal Register / Vol. 85, No. 38 / Wednesday, February 26, 2020 / Rules and Regulations
10989
TABLE 4—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
County citation
State
effective
date
Title/subject
*
*
*
EPA approval date
*
Additional explanation
*
*
*
*
*
*
Post-July 1988 Rule Codification
*
*
*
*
Regulation III—Control of Air Contaminants
*
*
*
Rule 350 ................ Storage and Transfer of Organic Liquids (Non-Gasoline)
at an Organic Liquid Distribution Facility.
Rule 351 ................ Storage and Loading of Gasoline at Bulk Gasoline
Plants and Bulk Gasoline Terminals.
Rule 352 ................ Gasoline Cargo Tank Testing and Use ...........................
*
11/02/2016
Rule 353 ................
11/02/2016
Storage and Loading of Gasoline at Gasoline Dispensing Facilities.
*
*
*
*
*
*
*
*
11/02/2016
11/02/2016
*
2/26/2020, [INSERT
ister CITATION].
2/26/2020, [INSERT
ister CITATION].
2/26/2020, [INSERT
ister CITATION].
2/26/2020, [INSERT
ister CITATION].
*
*
Federal Reg-
*
Submitted on June 22, 2017.
Federal Reg-
Submitted on June 22, 2017.
Federal Reg-
Submitted on June 22, 2017.
Federal Reg-
Submitted on June 22, 2017.
*
*
*
(e) * * *
TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1
Applicable geographic or
nonattainment area or
title/subject
Name of SIP provision
State
submittal
date
EPA approval date
Explanation
The State of Arizona Air Pollution Control Implementation Plan
*
*
*
Part D
*
*
*
Elements and Plans for the Metropolitan Phoenix and Tucson Areas
*
*
*
Analysis of Reasonably Available Con- Maricopa County portion
trol Technology for the 2008 8-Hour
of Phoenix-Mesa nonOzone National Ambient Air Quality
attainment area for
Standard (NAAQS) State Implemen2008 8-hour ozone
tation Plan (RACT SIP).
NAAQS.
*
*
*
*
June 22, 2017
*
*
2/26/2020, [INSERT Federal Register CITATION].
*
*
*
Only those portions of the document beginning
with ‘‘Gasoline Bulk Plants, Fixed Roof Petroleum Tanks, External Floating Roof Petroleum
Tanks, And Gasoline Loading Terminals’’ on
page 33 through the first full paragraph on page
35, and Appendix C: CTG RACT Spreadsheet,
the rows beginning with ‘‘Gasoline Bulk Plants’’
on page 60, through ‘‘Service Stations—Stage I’’
on pages 67–69.
*
*
*
1 Table
1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and Plans), Part D Elements
and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.
*
*
*
*
*
[FR Doc. 2020–03247 Filed 2–25–20; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Parts 52 and 81
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[EPA–R08–OAR–2019–0276; FRL–10004–
94–Region 8]
Approval and Promulgation of
Implementation Plans; State of Utah;
Salt Lake County, Utah County, and
Ogden City PM10 Redesignation to
Attainment, Designation of Areas for
Air Quality Planning Purposes and
State Implementation Plan Revisions
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is approving the State
Implementation Plan (SIP) revisions
submitted by the State of Utah on
January 4, 2016, which include
revisions to Utah’s Division of
Administrative Rule (DAR) R307–110–
10 and maintenance plans for the Salt
Lake County, Utah County, and Ogden
City nonattainment areas (NAAs) for
particulate matter with an aerodynamic
diameter less than or equal to a nominal
10 microns (PM10), and on March 6,
2019, which include PM10 redesignation
requests and supplemental information
SUMMARY:
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Federal Register / Vol. 85, No. 38 / Wednesday, February 26, 2020 / Rules and Regulations
for Salt Lake County, Utah County and
Ogden City. These submittals
demonstrated that the Salt Lake County,
Utah County and Ogden City areas have
attained the PM10 National Ambient Air
Quality Standards (NAAQS), request
redesignation to attainment, and include
maintenance plans for the areas
demonstrating attainment for fifteen
years. Also, the EPA is approving Utah’s
February 27, 2017 submittal, which
includes rule revisions to address our
October 19, 2016 conditional approval
of Utah’s DAR R307–302 revisions that
were submitted May 9, 2013, May 20,
2014 and September 8, 2015.
Additionally, the EPA is approving SIP
revisions submitted by the State of Utah
on February 15, 2019, with additional
non-substantive changes submitted on
July 1, 2019, August 20, 2019, and
October 15, 2019, which includes
revisions that are located in DAR R307–
110–17 and SIP Subsections IX.H.1–2.
We are also approving the
transportation conformity motor vehicle
emissions budgets (MVEB), for each of
the three maintenance areas, as
described in our proposed rule. The
EPA is taking this action pursuant to the
Clean Air Act (CAA or the Act).
DATES: This rule is effective on March
27, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0276. 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 and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado, 80202–1129, (303)
312–6602, ostigaard.crystal@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
On November 21, 2019 (84 FR 64245),
the EPA proposed to approve the
Governor of Utah’s January 4, 2016
submission, that contains revisions to
R307–110–10 (Control Measures for
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Area and Point Sources, Part A, Fine
Particulate Matter) and the PM10
maintenance plans for Salt Lake County,
Utah County and Ogden City PM10
NAAs. We also proposed to approve the
Governor of Utah’s March 6, 2019
submittal, that contains the
redesignation requests for the Salt Lake
County, Utah County and Ogden City
PM10 NAAs to attainment for the 1987
p.m.10 standards and provided
supplemental information. We used the
2016–2018 ambient air quality data from
Salt Lake County, Utah County and
Ogden City NAAs as the basis for our
decision. In addition, we proposed
approval of the emissions inventories
found within the maintenance plans to
cover the one element of the Moderate
PM10 nonattainment SIP that was not
suspended with the EPA’s January 7,
2013 clean data determination (CDD) for
the Ogden City NAA.
We also proposed approval of R307–
110–17 (Control Measures for Area and
Point Sources, Part H, Emission Limits
and Operating Practices) and revisions
for Section IX.H.1 and 2 that were
submitted on February 15, 2019, and
with non-substantive changes submitted
on July 1, 2019, August 20, 2019 and
October 15, 2019. Additionally, we
proposed approval of the revisions in
R307–302 (Solid Fuel Burning Devices)
for incorporation into the Utah SIP as
submitted by the State of Utah on May
9, 2013, May 20, 2014, September 8,
2015 and February 27, 2017.
II. Response to Comments
The EPA received five comments on
the proposed action and the comments
can be found in the docket: EPA–R08–
OAR–2019–0276. The Center for
Biological Diversity (CBD) and Western
Resource Advocates (WRA) submitted a
request to extend the comment period to
January 22, 2020. The EPA carefully
reviewed this request and maintained
the original December 23, 2019 deadline
for submitting comments. The CBD and
WRA did not submit any additional
comments by the December 23, 2019
deadline.
The other four comments included
two anonymous comments in agreement
with the EPA’s proposed rule. Another
comment was from the Utah Petroleum
Association in agreement with the
EPA’s proposed rule. Finally, the last
comment was anonymous but only
contained a partial docket number and
other random information. The EPA
reviewed this comment and has
determined that it falls outside the
scope of our proposed action and fails
to identify any material issue
necessitating a response.
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III. Final Action
No comments were submitted that
changed our assessment of our proposed
action. For the reasons stated in our
proposed rule, we are finalizing
approval of the Governor of Utah’s
submittal of January 4, 2016, that
contains revisions to R307–110–10 and
the PM10 maintenance plans for Salt
Lake County, Utah County and Ogden
City PM10 NAAs. We are finalizing
approval of the Governor of Utah’s
submittal of March 6, 2019, that
contains the redesignation requests for
the Salt Lake County, Utah County and
Ogden City PM10 NAAs to attainment
for the 1987 p.m.10 standards and
provided supplemental information. We
used the 2016–2018 ambient air quality
data from Salt Lake County, Utah
County and Ogden City NAAs as the
basis for our decision. In addition, we
are finalizing approval of the emissions
inventories found within the
maintenance plans to cover the one
element of the Moderate PM10
nonattainment SIP that was not
suspended with the CDD for the Ogden
City NAA.
We are finalizing this redesignation
request, the maintenance plans, and
R307–110–10 revisions because the
Utah Division of Air Quality (UDAQ)
has adequately addressed all of the
requirements of the Act for
redesignation to attainment applicable
to the Salt Lake County, Utah County
and Ogden City PM10 NAAs. Upon the
effective date of this final rule, the Salt
Lake County, Utah County and Ogden
City areas designation status under 40
CFR part 81 will be revised to
attainment.
We are also finalizing approval of
R307–110–17 and revisions for Section
IX.H.1 and 2 that were submitted on
February 15, 2019, and with nonsubstantive changes submitted on July
1, 2019, August 20, 2019 and on October
15, 2019. Additionally, we are finalizing
approval of the revisions in R307–302
for incorporation into the Utah SIP as
submitted by the State of Utah on May
9, 2013, May 20, 2014, September 8,
2015 and February 27, 2017. This final
rule will complete the EPA’s October
19, 2016 (81 FR 71988) conditional
approval action on the May 9, 2013,
May 20, 2014 and September 8, 2015
submittals for R307–302 from UDAQ.
We are also approving the
transportation conformity MVEBs, for
each of the three maintenance areas, as
described in our proposed rule.
IV. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
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incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of R307–
110–10; R307–110–17; R307–302;
Section IX.H.1 and 2; maintenance
plans for Salt Lake County, Utah County
and Ogden City PM10 NAAs; and the
Governor of Utah’s redesignation
requests for Salt Lake County, Utah
County and Ogden City PM10 NAAs to
attainment. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 8 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the 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 in the next
update to the SIP compilation.1
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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 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.);
1 62
FR 27968 (May 22, 1997).
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• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, described in
the Unfunded Mandates Reform Act of
1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 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 April 27, 2020.
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
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10991
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
40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: February 10, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
40 CFR parts 52 and 81 are amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart TT—Utah
2. In § 52.2320:
a. In the table in paragraph (c):
i. Revise the entries ‘‘R307–110–10’’
and ‘‘R307–110–17’’.
■ ii. Revise the center heading for
‘‘R307–302’’ and entries ‘‘R307–302–
01’’, ‘‘R307–302–02’’, ‘‘R307–302–03’’,
‘‘R307–302–04’’, ‘‘R307–302–05’’, and
‘‘R307–302–06’’.
■ b. In the table in paragraph (e):
■ i. Revise the entries ‘‘Section IX.H.1.
General Requirements: Control
Measures for Area and Point Sources,
Emission Limits and Operating
Practices, PM10 Requirements’’ and
‘‘Section IX.H.2. Source Specific
Emission Limitations in Salt Lake
County PM10 Nonattainment/
Maintenance Area’’.
■ ii. Remove the entries for ‘‘Salt Lake
County Particulate Matter (PM–10)
Attainment Plan Summary’’ and ‘‘Utah
County Particulate Matter (PM–10)
Attainment Plan Summary’’ and add in
their places the entries ‘‘Salt Lake
County Particulate Matter (PM10)
Attainment Plan Summary’’ and ‘‘Utah
County Particulate Matter (PM10)
Attainment Plan Summary’’,
respectively.
■
■
■
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iii. Add the entry ‘‘Ogden City
Particulate Matter (PM10) Attainment
Plan Summary’’ at the end of the table.
■
Rule No.
State
effective
date
Rule title
*
§ 52.2320
The revisions and additions read as
follows:
*
*
Identification of plan.
*
*
(c) * * *
*
Final rule citation, date
*
*
*
Comments
*
*
*
*
*
R307–110. General Requirements: State Implementation Plan
*
R307–110–10 ....
*
*
Section IX. Control Measures
for Area and Point
Sources, Part A, Fine Particulate Matter.
*
R307–110–17 ....
*
*
Section IX, Control Measures
for Area and Point
Sources, Part H, Emission
Limits.
*
*
12/3/2015
*
*
[insert Federal Register citation], 2/26/2020.
1/3/2019
*
*
[insert Federal Register citation], 2/26/2020.
*
*
*
*
Except for Section IX.H.21.e. which is conditionally approved through one year 7/5/
16, IX.H.21.g., Sections of IX.H.21 that
reference and apply to the source specific
emission limitations disapproved in Section IX.H.22, and Sections IX.H.22.a.ii–iii,
IX.H.22.b.ii, and IX.H.22.c.
*
*
*
*
*
R307–302. Solid Fuel Burning Devices
R307–302–1 ......
Purpose and Definitions .......
2/1/2017
R307–302–2 ......
Applicability ...........................
2/1/2017
R307–302–3 ......
No-Burn Periods for Particulates.
No-Burn Periods for Carbon
Monoxide.
Opacity and Prohibited Fuels
for Heating Appliances.
Prohibition .............................
2/1/2017
R307–302–4 ......
R307–302–5 ......
R307–302–6 ......
*
*
*
*
*
*
2/1/2017
2/1/2017
2/1/2017
*
*
*
citacitacitacitacitacita-
*
(e) * * *
State
effective
date
Rule title
*
[insert Federal Register
tion], 2/26/2020.
[insert Federal Register
tion], 2/26/2020.
[insert Federal Register
tion], 2/26/2020.
[insert Federal Register
tion], 2/26/2020.
[insert Federal Register
tion], 2/26/2020.
[insert Federal Register
tion], 2/26/2020.
*
*
Final rule citation, date
*
*
Comments
*
*
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IX. Control Measures for Area and Point Sources
*
*
*
Section IX.H.1. General Requirements: Control
Measures for Area and Point Sources, Emission
Limits and Operating Practices, PM10 Requirements.
Section IX.H.2. Source Specific Emission Limitations
in Salt Lake County PM10 Nonattainment/Maintenance Area.
*
*
1/3/2019
*
*
*
[insert Federal Register citation], 2/26/2020.
1/3/2019
[insert Federal Register citation], 2/26/2020.
*
*
*
*
Maintenance Plans
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*
*
10993
Federal Register / Vol. 85, No. 38 / Wednesday, February 26, 2020 / Rules and Regulations
State
effective
date
Rule title
*
*
*
Salt Lake County Particulate Matter (PM10) Attainment Plan Summary.
Utah County Particulate Matter (PM10) Attainment
Plan Summary.
Ogden City Particulate Matter (PM10) Attainment Plan
Summary.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
Final rule citation, date
*
12/3/2015
*
*
[insert Federal Register citation], 2/26/2020.
12/3/2015
[insert Federal Register citation], 2/26/2020.
12/3/2015
[insert Federal Register citation], 2/26/2020.
Authority: 42 U.S.C. 7401, et seq.
*
Subpart C—Section 107 Attainment
Status Designations
Weber County (part) City of Ogden’’ to
read as follows:
4. In § 81.345, the table titled
‘‘UTAH—PM–10’’ is amended by
revising the entries ‘‘Salt Lake County’’,
‘‘Utah County’’, and ‘‘Ogden Area
§ 81.345
■
3. The authority citation for part 81
continues to read as follows:
■
Comments
*
*
Utah.
*
*
*
UTAH—PM–10
Designation
Classification
Designated area
Date
Salt Lake County ........................................................................................
Utah County ...............................................................................................
Ogden Area Weber County (part) City of Ogden ......................................
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02]
RTID 0648–XT035
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure of the
General category January fishery for
2020.
AGENCY:
NMFS closes the Atlantic
bluefin tuna (BFT) General category
fishery for the January subquota period.
The intent of this closure is to prevent
overharvest of the adjusted January
subquota.
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SUMMARY:
Effective 11:30 p.m., local time,
February 24, 2020, through May 31,
2020.
FOR FURTHER INFORMATION CONTACT:
Nicholas Velseboer 978–675–2168,
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*
*
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
among the various domestic fishing
categories, per the allocations
established in the 2006 Consolidated
Highly Migratory Species Fishery
Management Plan (2006 Consolidated
HMS FMP) (71 FR 58058, October 2,
2006) and amendments.
NMFS is required, under regulations
at § 635.28(a)(1), to file a closure notice
for publication with the Office of the
Federal Register when a BFT quota (or
subquota) is reached or is projected to
be reached. On and after the effective
date and time of such notification, for
the remainder of the fishing year or for
a specified period as indicated in the
notification, retaining, possessing, or
landing BFT under that quota category
is prohibited until the opening of the
subsequent quota period or until such
date as specified in the notice.
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Date
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Type
Attainment.
Attainment.
Attainment.
Sarah McLaughlin, 978–281–9260, or
Larry Redd, 301–427–8503.
[FR Doc. 2020–03022 Filed 2–25–20; 8:45 am]
DATES:
3/27/2020
3/27/2020
3/27/2020
Type
*
*
The base quota for the General
category is 555.7 mt. See § 635.27(a).
Each of the General category time
periods (January, June through August,
September, October through November,
and December) is allocated a subquota
or portion of the annual General
category quota. Although it is called the
‘‘January’’ subquota, the regulations
allow the General category fishery under
this quota to continue until the
subquota is reached or March 31,
whichever comes first. The baseline
subquotas for each time period are as
follows: 29.5 mt for January; 277.9 mt
for June through August; 147.3 mt for
September; 72.2 mt for October through
November; and 28.9 mt for December.
Any unused General category quota
rolls forward from one time period to
the next and is available for use in
subsequent time periods within the
fishing year. Effective January 1, 2020,
NMFS transferred 19.5 mt of the 28.9mt General category quota allocated for
the December 2020 period to the
January 2020 period, resulting in an
adjusted subquota of 49 mt for the
January period and a subquota of 9.4 mt
for the December 2020 period (85 FR 17,
January 2, 2020). Effective February 5,
2020, NMFS transferred an additional
51 mt from the Reserve category to the
General category, in the same notice as
NMFS made the annual reallocation of
Purse Seine category quota to the
Reserve category, resulting in an
adjusted subquota of 100 mt for the
E:\FR\FM\26FER1.SGM
26FER1
]]>Agencies
[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Rules and Regulations]
[Pages 10989-10993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03022]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R08-OAR-2019-0276; FRL-10004-94-Region 8]
Approval and Promulgation of Implementation Plans; State of Utah;
Salt Lake County, Utah County, and Ogden City PM10 Redesignation to
Attainment, Designation of Areas for Air Quality Planning Purposes and
State Implementation Plan Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
State Implementation Plan (SIP) revisions submitted by the State of
Utah on January 4, 2016, which include revisions to Utah's Division of
Administrative Rule (DAR) R307-110-10 and maintenance plans for the
Salt Lake County, Utah County, and Ogden City nonattainment areas
(NAAs) for particulate matter with an aerodynamic diameter less than or
equal to a nominal 10 microns (PM10), and on March 6, 2019,
which include PM10 redesignation requests and supplemental
information
[[Page 10990]]
for Salt Lake County, Utah County and Ogden City. These submittals
demonstrated that the Salt Lake County, Utah County and Ogden City
areas have attained the PM10 National Ambient Air Quality
Standards (NAAQS), request redesignation to attainment, and include
maintenance plans for the areas demonstrating attainment for fifteen
years. Also, the EPA is approving Utah's February 27, 2017 submittal,
which includes rule revisions to address our October 19, 2016
conditional approval of Utah's DAR R307-302 revisions that were
submitted May 9, 2013, May 20, 2014 and September 8, 2015.
Additionally, the EPA is approving SIP revisions submitted by the State
of Utah on February 15, 2019, with additional non-substantive changes
submitted on July 1, 2019, August 20, 2019, and October 15, 2019, which
includes revisions that are located in DAR R307-110-17 and SIP
Subsections IX.H.1-2. We are also approving the transportation
conformity motor vehicle emissions budgets (MVEB), for each of the
three maintenance areas, as described in our proposed rule. The EPA is
taking this action pursuant to the Clean Air Act (CAA or the Act).
DATES: This rule is effective on March 27, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0276. 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 and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 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 November 21, 2019 (84 FR 64245), the EPA proposed to approve the
Governor of Utah's January 4, 2016 submission, that contains revisions
to R307-110-10 (Control Measures for Area and Point Sources, Part A,
Fine Particulate Matter) and the PM10 maintenance plans for
Salt Lake County, Utah County and Ogden City PM10 NAAs. We
also proposed to approve the Governor of Utah's March 6, 2019
submittal, that contains the redesignation requests for the Salt Lake
County, Utah County and Ogden City PM10 NAAs to attainment
for the 1987 p.m.10 standards and provided supplemental
information. We used the 2016-2018 ambient air quality data from Salt
Lake County, Utah County and Ogden City NAAs as the basis for our
decision. In addition, we proposed approval of the emissions
inventories found within the maintenance plans to cover the one element
of the Moderate PM10 nonattainment SIP that was not
suspended with the EPA's January 7, 2013 clean data determination (CDD)
for the Ogden City NAA.
We also proposed approval of R307-110-17 (Control Measures for Area
and Point Sources, Part H, Emission Limits and Operating Practices) and
revisions for Section IX.H.1 and 2 that were submitted on February 15,
2019, and with non-substantive changes submitted on July 1, 2019,
August 20, 2019 and October 15, 2019. Additionally, we proposed
approval of the revisions in R307-302 (Solid Fuel Burning Devices) for
incorporation into the Utah SIP as submitted by the State of Utah on
May 9, 2013, May 20, 2014, September 8, 2015 and February 27, 2017.
II. Response to Comments
The EPA received five comments on the proposed action and the
comments can be found in the docket: EPA-R08-OAR-2019-0276. The Center
for Biological Diversity (CBD) and Western Resource Advocates (WRA)
submitted a request to extend the comment period to January 22, 2020.
The EPA carefully reviewed this request and maintained the original
December 23, 2019 deadline for submitting comments. The CBD and WRA did
not submit any additional comments by the December 23, 2019 deadline.
The other four comments included two anonymous comments in
agreement with the EPA's proposed rule. Another comment was from the
Utah Petroleum Association in agreement with the EPA's proposed rule.
Finally, the last comment was anonymous but only contained a partial
docket number and other random information. The EPA reviewed this
comment and has determined that it falls outside the scope of our
proposed action and fails to identify any material issue necessitating
a response.
III. Final Action
No comments were submitted that changed our assessment of our
proposed action. For the reasons stated in our proposed rule, we are
finalizing approval of the Governor of Utah's submittal of January 4,
2016, that contains revisions to R307-110-10 and the PM10
maintenance plans for Salt Lake County, Utah County and Ogden City
PM10 NAAs. We are finalizing approval of the Governor of
Utah's submittal of March 6, 2019, that contains the redesignation
requests for the Salt Lake County, Utah County and Ogden City
PM10 NAAs to attainment for the 1987 p.m.10
standards and provided supplemental information. We used the 2016-2018
ambient air quality data from Salt Lake County, Utah County and Ogden
City NAAs as the basis for our decision. In addition, we are finalizing
approval of the emissions inventories found within the maintenance
plans to cover the one element of the Moderate PM10
nonattainment SIP that was not suspended with the CDD for the Ogden
City NAA.
We are finalizing this redesignation request, the maintenance
plans, and R307-110-10 revisions because the Utah Division of Air
Quality (UDAQ) has adequately addressed all of the requirements of the
Act for redesignation to attainment applicable to the Salt Lake County,
Utah County and Ogden City PM10 NAAs. Upon the effective
date of this final rule, the Salt Lake County, Utah County and Ogden
City areas designation status under 40 CFR part 81 will be revised to
attainment.
We are also finalizing approval of R307-110-17 and revisions for
Section IX.H.1 and 2 that were submitted on February 15, 2019, and with
non-substantive changes submitted on July 1, 2019, August 20, 2019 and
on October 15, 2019. Additionally, we are finalizing approval of the
revisions in R307-302 for incorporation into the Utah SIP as submitted
by the State of Utah on May 9, 2013, May 20, 2014, September 8, 2015
and February 27, 2017. This final rule will complete the EPA's October
19, 2016 (81 FR 71988) conditional approval action on the May 9, 2013,
May 20, 2014 and September 8, 2015 submittals for R307-302 from UDAQ.
We are also approving the transportation conformity MVEBs, for each of
the three maintenance areas, as described in our proposed rule.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes
[[Page 10991]]
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of R307-110-
10; R307-110-17; R307-302; Section IX.H.1 and 2; maintenance plans for
Salt Lake County, Utah County and Ogden City PM10 NAAs; and
the Governor of Utah's redesignation requests for Salt Lake County,
Utah County and Ogden City PM10 NAAs to attainment. The EPA
has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 8 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by the EPA for inclusion in the 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 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 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, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
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 April 27, 2020. 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
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: February 10, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
40 CFR parts 52 and 81 are 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. In Sec. 52.2320:
0
a. In the table in paragraph (c):
0
i. Revise the entries ``R307-110-10'' and ``R307-110-17''.
0
ii. Revise the center heading for ``R307-302'' and entries ``R307-302-
01'', ``R307-302-02'', ``R307-302-03'', ``R307-302-04'', ``R307-302-
05'', and ``R307-302-06''.
0
b. In the table in paragraph (e):
0
i. Revise the entries ``Section IX.H.1. General Requirements: Control
Measures for Area and Point Sources, Emission Limits and Operating
Practices, PM10 Requirements'' and ``Section IX.H.2. Source
Specific Emission Limitations in Salt Lake County PM10
Nonattainment/Maintenance Area''.
0
ii. Remove the entries for ``Salt Lake County Particulate Matter
(PM-10) Attainment Plan Summary'' and ``Utah County
Particulate Matter (PM-10) Attainment Plan Summary'' and add
in their places the entries ``Salt Lake County Particulate Matter
(PM10) Attainment Plan Summary'' and ``Utah County
Particulate Matter (PM10) Attainment Plan Summary'',
respectively.
[[Page 10992]]
0
iii. Add the entry ``Ogden City Particulate Matter (PM10)
Attainment Plan Summary'' at the end of the table.
The revisions and additions read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State Final rule citation,
Rule No. Rule title effective date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-110. General Requirements: State Implementation Plan
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R307-110-10................ Section IX. Control 12/3/2015 [insert Federal
Measures for Area Register citation],
and Point Sources, 2/26/2020.
Part A, Fine
Particulate Matter.
* * * * * * *
R307-110-17................ Section IX, Control 1/3/2019 [insert Federal Except for Section
Measures for Area Register citation], IX.H.21.e. which is
and Point Sources, 2/26/2020. conditionally
Part H, Emission approved through one
Limits. year 7/5/16,
IX.H.21.g., Sections
of IX.H.21 that
reference and apply
to the source
specific emission
limitations
disapproved in
Section IX.H.22, and
Sections
IX.H.22.a.ii-iii,
IX.H.22.b.ii, and
IX.H.22.c.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-302. Solid Fuel Burning Devices
----------------------------------------------------------------------------------------------------------------
R307-302-1................. Purpose and 2/1/2017 [insert Federal
Definitions. Register citation],
2/26/2020.
R307-302-2................. Applicability........ 2/1/2017 [insert Federal
Register citation],
2/26/2020.
R307-302-3................. No-Burn Periods for 2/1/2017 [insert Federal
Particulates. Register citation],
2/26/2020.
R307-302-4................. No-Burn Periods for 2/1/2017 [insert Federal
Carbon Monoxide. Register citation],
2/26/2020.
R307-302-5................. Opacity and 2/1/2017 [insert Federal
Prohibited Fuels for Register citation],
Heating Appliances. 2/26/2020.
R307-302-6................. Prohibition.......... 2/1/2017 [insert Federal
Register citation],
2/26/2020.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State
Rule title effective date Final rule citation, date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
IX. Control Measures for Area and Point Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section IX.H.1. General 1/3/2019 [insert Federal Register
Requirements: Control Measures for citation], 2/26/2020.
Area and Point Sources, Emission
Limits and Operating Practices,
PM10 Requirements.
Section IX.H.2. Source Specific 1/3/2019 [insert Federal Register
Emission Limitations in Salt Lake citation], 2/26/2020.
County PM10 Nonattainment/
Maintenance Area.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Maintenance Plans
----------------------------------------------------------------------------------------------------------------
[[Page 10993]]
* * * * * * *
Salt Lake County Particulate Matter 12/3/2015 [insert Federal Register
(PM10) Attainment Plan Summary. citation], 2/26/2020.
Utah County Particulate Matter 12/3/2015 [insert Federal Register
(PM10) Attainment Plan Summary. citation], 2/26/2020.
Ogden City Particulate Matter (PM10) 12/3/2015 [insert Federal Register
Attainment Plan Summary. citation], 2/26/2020.
----------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C--Section 107 Attainment Status Designations
0
4. In Sec. 81.345, the table titled ``UTAH--PM-10'' is amended by
revising the entries ``Salt Lake County'', ``Utah County'', and ``Ogden
Area Weber County (part) City of Ogden'' to read as follows:
Sec. 81.345 Utah.
* * * * *
UTAH--PM-10
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area --------------------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
Salt Lake County............... 3/27/2020 Attainment.............
Utah County.................... 3/27/2020 Attainment.............
Ogden Area Weber County (part) 3/27/2020 Attainment.............
City of Ogden.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-03022 Filed 2-25-20; 8:45 am]
BILLING CODE 6560-50-P
