Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2015 Ozone National Ambient Air Quality Standards; Utah, 33052-33059 [2020-11182]
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EPA-APPROVED MISSOURI REGULATIONS—Continued
State
effective
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Missouri citation
Title
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Restriction of Emissions of Lead
from Specific Lead Smelter-Refinery Installations.
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[FR Doc. 2020–11494 Filed 5–29–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0643; FRL–10009–
77–Region 8]
Promulgation of State Implementation
Plan Revisions; Infrastructure
Requirements for the 2015 Ozone
National Ambient Air Quality
Standards; Utah
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On October 1, 2015, the
Environmental Protection Agency (EPA)
promulgated the 2015 ozone National
Ambient Air Quality Standard
(NAAQS), revising the standard to 0.070
parts per million. Whenever a new or
revised is promulgated, the Clean Air
Act (CAA or Act) requires each state to
submit a State Implementation Plan
(SIP) revision for the implementation,
maintenance, and enforcement of the
new standard. This submission is
commonly referred to as an
infrastructure SIP. In this action we are
proposing to approve the State of Utah’s
2015 ozone NAAQS infrastructure SIP
submitted to the EPA on January 29,
2020.
DATES: Written comments must be
received on or before July 1, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2019–0643, to the Federal
Rulemaking Portal: 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
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SUMMARY:
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EPA approval date
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[Date of publication of the final rule
in
the
Federal
Register],
[Federal Register citation of the
final rule].
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Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets. To reduce the
risk of COVID–19 transmission, for this
action we will not be accepting
comments submitted by mail or hand
delivery
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will not be placed
on the internet. Publicly available
docket materials are available
electronically at www.regulations.gov.
To reduce the risk of COVID–19
transmission, for this action we do not
plan to offer hard copy review of the
docket. Please email or call the person
listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make
alternative arrangements for access to
the docket.
Kate
Gregory, (303) 312–6175, gregory.kate@
epa.gov. Mail can be directed to the Air
and Radiation Division, U.S. EPA,
Region 8, Mail-code 8ARD–QP, 1595
Wynkoop Street, Denver, Colorado
80202–1129.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘reviewing
authority,’’ ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer
to the EPA.
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I. Background
On March 12, 2008, the EPA
promulgated a new NAAQS for ozone,
revising the levels of the primary and
secondary 8-hour ozone standards from
0.08 parts per million (ppm) to 0.075
ppm.1 More recently, on October 1,
2015, the EPA promulgated and revised
the NAAQS for ozone, further
strengthening the primary and
secondary 8-hour standards to 0.070
ppm.2 The October 1, 2015 standards
are known as the 2015 ozone NAAQS.
Under sections 110(a)(1) and (2) of the
CAA, after the promulgation of a new or
revised NAAQS states are required to
submit infrastructure SIPs to ensure
their SIPs provide for implementation,
maintenance, and enforcement of the
NAAQS.3 These submissions must
contain any revisions needed for
meeting the applicable SIP requirements
of section 110(a)(2), or certifications that
the existing SIPs already meet those
requirements. The EPA highlighted and
explained this statutory requirement in
a series of guidance documents.4
A. What infrastructure elements are
required under Sections 110(a)(1) and
(2)?
CAA section 110(a)(1) provides the
procedural and timing requirements for
SIP submissions after a new or revised
NAAQS is promulgated. Section
110(a)(2) lists specific elements the SIP
1 Final rule, National Ambient Air Quality
Standards for Ozone, 73 FR 16436, 16483 (March
27, 2008).
2 Final rule, National Ambient Air Quality
Standards for Ozone, 80 FR 65292, 65362 (Oct. 26,
2015).
3 42 U.S.C. 7410(a)(1), (2).
4 ‘‘Guidance on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997 8-hour
Ozone and PM2.5 National Ambient Air Quality
Standards’’ (Oct. 2, 2007); ‘‘Guidance on SIP
Elements Required Under Sections 110(a)(1) and (2)
for the 2006 24-Hour Fine Particle (PM2.5) National
Ambient Air Quality Standards (NAAQS)’’ (Sep. 25,
2009); ‘‘Guidance on Infrastructure SIP Elements
Required Under Sections 110(a)(1) and (2) for the
2008 Lead (Pb) National Ambient Air Quality
Standards (NAAQS)’’ (Oct. 14, 2011); ‘‘Guidance on
Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1)
and (2)’’ (Sep. 13, 2013) (2013 Memo).
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must contain or satisfy. These
infrastructure elements include
requirements such as modeling,
monitoring, and emissions inventories,
which are designed to assure attainment
and maintenance of the NAAQS. The
elements that are the subject of this
action are listed below.
• 110(a)(2)(A): Emission limits and
other control measures.
• 110(a)(2)(B): Ambient air quality
monitoring/data system.
• 110(a)(2)(C): Program for
enforcement of control measures.
• 110(a)(2)(D): Interstate transport.
• 110(a)(2)(E): Adequate resources
and authority, conflict of interest, and
oversight of local governments and
regional agencies.
• 110(a)(2)(F): Stationary source
monitoring and reporting.
• 110(a)(2)(G): Emergency powers.
• 110(a)(2)(H): Future SIP revisions.
• 110(a)(2)(J): Consultation with
government officials, public
notification, and prevention of
significant deterioration (PSD) and
visibility protection.
• 110(a)(2)(K): Air quality modeling/
data.
• 110(a)(2)(L): Permitting fees.
• 110(a)(2)(M): Consultation/
participation by affected local entities.
A detailed discussion of each of these
elements for Utah is contained in
section III of this document.
B. How did the State address the
infrastructure elements of Sections
110(a)(1) and (2)?
The Utah 2015 ozone NAAQS
infrastructure SIP submissions
demonstrates how the State, where
applicable, has plans in place that meet
the requirements of section 110 for the
2015 ozone NAAQS. The State
submittals are available in the electronic
docket for today’s proposed action at
www.regulations.gov.5
The Utah Department of
Environmental Quality (UDEQ)
submitted a certification of Utah’s
infrastructure SIP for the 2015 ozone
NAAQS on January 29, 2020. The
State’s submission references the
current Utah Division of Air Quality
(UDAQ) Rules (UAR).6
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5 Utah
made a submittal to address the 2015
ozone NAAQS infrastructure SIP requirements on
October 24, 2019, but then made a second submittal
on January 29, 2020, to address public participation
requirements. The second submittal is
comprehensive and includes all of the substantive
material in the first, but for completeness the docket
includes both submittals (see ‘UT 2015 Ozone ISIP
Submission—10.24.19’ and 01.29.20 UT 2015 ISIP
Submission’ in docket).
6 See https://rules.utah.gov/publicat/code/r307/
r307.htm (as in effect December 1, 2019; site
accessed April 13, 2020); Utah’s approved SIP can
be found at 40 CFR 52.2320.
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II. What is the scope of this proposed
rule?
The EPA is acting upon SIP
submissions from Utah that address the
infrastructure requirements of CAA
sections 110(a)(1) and 110(a)(2) for the
2015 ozone NAAQS. The requirement
for states to make a SIP submission of
this type arises out of CAA section
110(a)(1). Pursuant to section 110(a)(1),
states must make SIP submissions
‘‘within 3 years (or such shorter period
as the Administrator may prescribe)
after the promulgation of a national
primary ambient air quality standard (or
any revision thereof),’’ and these SIP
submissions are to provide for the
‘‘implementation, maintenance, and
enforcement’’ of such NAAQS. The
statute directly imposes on states the
duty to make these SIP submissions,
and the requirement to make the
submissions is not conditioned upon
the EPA taking any action other than
promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of
specific elements that ‘‘[e]ach such
plan’’ submission must address.
Whenever the EPA promulgates a new
or revised NAAQS, CAA section
110(a)(1) requires states to make SIP
submissions to provide for the
implementation, maintenance, and
enforcement of the NAAQS. This
particular type of SIP submission is
commonly referred to as an
‘‘infrastructure SIP.’’ These submissions
must meet the various requirements of
CAA section 110(a)(2), as applicable.
The EPA has previously provided
comprehensive guidance on the
application of these provisions through
a guidance document for infrastructure
SIP submissions and through regional
actions on infrastructure submissions.7
Unless otherwise noted below, we are
following that approach in acting on
this submission. In addition, in the
context of acting on infrastructure
submissions, the EPA generally
evaluates the state’s SIP for facial
compliance with statutory and
regulatory requirements, not for the
state’s implementation of its SIP.8 The
EPA has other authority to address any
7 The EPA explains and elaborates on these
ambiguities and its approach to address them in its
2013 Infrastructure SIP Guidance (available at
https://www.epa.gov/sites/production/files/201512/documents/guidance_on_infrastructure_sip_
elements_multipollutant_final_sept_2013.pdf), as
well as in agency actions on infrastructure SIPs.
See, e.g., Proposed Rule, Promulgation of State
Implementation Plan Revisions; Infrastructure
Requirements for the 1997 and 2006 PM2.5, 2008
Lead, 2008 Ozone, and 2010 NO2 National Ambient
Air Quality Standards; South Dakota, 79 FR 71040
(December 1, 2014).
8 See Montana Envtl. Info. Ctr. v. Thomas, 902
F.3d 971, 978 (9th Cir. 2018).
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issues concerning a state’s
implementation of the rules,
regulations, consent orders, and other
materials that comprise its SIP.
III. The EPA’s Evaluation of the State
Submittal
A. CAA Section 110(a)(2)(A): Emission
Limits and Other Control Measures
Section 110(a)(2)(A) requires SIPs to
include enforceable emission
limitations and other control measures,
means, or techniques (including
economic incentives such as fees,
marketable permits, and auctions of
emissions rights), as well as schedules
and timetables for compliance as may be
necessary or appropriate to meet the
applicable requirements of this Act.
Multiple SIP-approved UDAQ Rules
cited in Utah’s certification provide
enforceable emission limitations and
other control measures, means or
techniques, schedules for compliance,
and other related matters necessary to
meet the requirements of the CAA
section 110(a)(2)(A) for the 2015
NAAQS. The State’s submission cites
SIP section I (Legal Authority), which
allows the adoption of emission
standards and other limits necessary for
attainment and maintenance of the
NAAQS. SIP section I, in combination
with other specific control measures
adopted by the Utah Air Quality Board
(AQB), and multiple SIP-approved state
air quality regulations cited in Utah’s
certification, including SIP sections II
(Review of New and Modified Air
Pollution Sources), VIII (Prevention of
Significant Deterioration), IX (Part D: 8
Hour Ozone Provisions), X (Part A, B, C:
Vehicle Inspection and Maintenance
Program General Provisions), ozone
Reasonable Available Control
Technology (RACT) rules and R307–325
(Ozone Nonattainment and
Maintenance Areas: General
Requirement), R307–326 (Ozone
Nonattainment and Maintenance Areas:
Control of Hydrocarbon Emissions),
R307–327 (Ozone Nonattainment and
Maintenance Areas: Petroleum Liquid
Storage), R307–328 (Gasoline Transfer
and Storage), R307–335 (Ozone
Nonattainment and Maintenance Areas:
Degreasing and Solvent Cleaning
Operations), R307–340 (Ozone
Nonattainment and Maintenance Areas:
Surface Coating Processes) provide
enforceable emission limitations and
other control measures, means of
techniques, schedules for compliance,
and other related matters necessary to
meet the requirements of the CAA
section 110(a)(2)(A) for the 2015 ozone
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NAAQS, subject to the following
clarifications.9
The EPA does not consider the SIP
requirements triggered by the
nonattainment area mandates in part D
of Title 1 of the CAA to be governed by
the submission deadline of section
110(a)(1). Nevertheless, Utah has
included some SIP provisions originally
submitted in response to part D
requirements in its certification for the
infrastructure requirements of section
110(a)(2). For the purposes of this
action, the EPA is reviewing any rules
originally submitted in response to part
D requirements solely for the purposes
of determining whether they support a
finding that the State has met the basic
infrastructure requirements of section
110(a)(2). For example, in response to
the requirement to have enforceable
emission limitations under section
110(a)(2)(A), Utah’s certification
(contained within this docket) generally
listed provisions within its SIP which
regulate pollutants through various
programs, including its stationary
source permit program, which requires
sources to demonstrate that emissions
will not cause or contribute to a
violation of any NAAQS. The EPA is
approving those rules as meeting the
requirement to have enforceable
emission limitations on ozone
precursors; any judgment about whether
those emission limitations discharge the
State’s obligation to impose RACT
under part D will be made separately, in
an action reviewing those rules
pursuant to the requirements of part D.
This suffices, in the case of Utah, to
meet the requirements of section
110(a)(2)(A) for the 2015 ozone NAAQS.
B. CAA Section 110(a)(2)(B): Ambient
Air Quality Monitoring/Data System
Section 110(a)(2)(B) requires SIPs to
provide for establishment and operation
of appropriate devices, methods,
systems, and procedures necessary to
‘‘(i) monitor, compile, and analyze data
on ambient air quality, and (ii) upon
request, make such data available to the
Administrator.’’
As discussed in Utah’s submission,
the UDEQ periodically submits a
Quality Management Plan and a Quality
Assurance Project Plan to the EPA.
These plans cover procedures to
monitor and analyze data. As part of the
monitoring SIP, Utah submits an
Annual Monitoring Network Plan
(AMNP) each year for the EPA’s
approval.
A comprehensive AMNP, intended to
fully meet the federal requirements, was
9 Utah 2015 Ozone Infrastructure SIP Submission,
pp. 1, 2.
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submitted to the EPA by Utah on July
3, 2019 and subsequently approved by
the EPA.10 Utah’s SIP-approved
regulations provide for the design and
operation of its monitoring network,
reporting of data obtained from the
monitors, and annual network review
including notification to the EPA of any
changes, and public notification of
exceedances of NAAQS. As described in
its submission, Utah operates a
comprehensive monitoring network,
including ozone monitoring, compiles
and analyzes collected data, and
submits the data to the EPA’s Air
Quality System on a quarterly basis.
Based on this information, we are
proposing to approve the Utah SIP as
meeting the requirements of CAA
section 110(a)(2)(B) for the 2015 ozone
NAAQS.
C. CAA Section 110(a)(2)(C): Program
for Enforcement of Control Measures
and for Construction or Modification of
Stationary Sources
To generally meet the requirements of
section 110(a)(2)(C), the State is
required to have SIP-approved PSD,
nonattainment New Source Review
(NSR), and minor NSR permitting
programs that are adequate to
implement the 2015 ozone NAAQS. As
explained elsewhere in this action, the
EPA is not evaluating nonattainmentrelated provisions, such as the
nonattainment NSR program required
by part D of the Act. The EPA is
evaluating the State’s PSD program as
required by part C of the Act, and the
State’s minor NSR program as required
by 110(a)(2)(C).
The State’s submissions for the 2015
ozone infrastructure requirements cite
SIP section I (Legal Authority), which
provides for enforcement of applicable
laws, regulations, and standards,
including injunctive relief, and also
provides authority to prevent
construction, modification, or operation
of any stationary source at any location
where emissions from such source will
prevent the attainment or maintenance
of a national standard or interfere with
PSD requirements.
PSD Requirements
With respect to Element (C), the EPA
interprets the CAA to require each state
to make an infrastructure SIP
submission for a new or revised NAAQS
demonstrating that the air agency has a
complete PSD permitting program
meeting the current requirements for all
regulated NSR pollutants. The
10 See Utah AMNP Approval 2019.docx in the
docket for this action. Additionally, Utah’s AMNPs
can be found at https://www.airmonitoring.utah.gov/
network/review.htm.
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requirements for Element (J) in relation
to a comprehensive PSD permitting
program are the same as the
requirements with respect to Element
(C).11
Utah has shown that it has a PSD
program in place that covers all
regulated NSR pollutants, including
greenhouse gases (GHGs). SIP section
VIII (Prevention of Significant
Deterioration) applies to all air
pollutants regulated under the CAA.
Utah implements the PSD program by,
for the most part, incorporating by
reference the Federal PSD program
located in 40 CFR 52.21 as it existed on
a specific date. On April 13, 2020, we
proposed to approve portions of a Utah
SIP revision revising the date of
incorporation by reference of the
Federal PSD program to July 1, 2018.12
With this Utah SIP revision, the Utah
SIP now generally reflects all changes to
PSD requirements that the EPA has
promulgated through the revised date of
incorporation by reference.
For the above reasons, the EPA is
proposing to approve Utah’s SIP for the
2015 ozone NAAQS with respect to the
requirement in section 110(a)(2)(C) to
include a permit program in the SIP as
required by part C of the Act.
Minor NSR Requirements
The State has a SIP-approved minor
NSR program, adopted under section
110(a)(2)(C) of the Act.13 Since approval
of the minor NSR program, the State and
the EPA have relied on the program to
assure that new and modified sources
not captured by the major NSR
permitting programs do not interfere
with attainment and maintenance of the
NAAQS. Utah’s minor NSR program, as
approved into the SIP, covers the
construction and modification of
stationary sources of regulated NSR
pollutants, including PM2.5, lead, and
ozone and its precursors.
The EPA is proposing to approve
Utah’s infrastructure SIP for the 2015
ozone NAAQS with respect to the
general requirement in section
110(a)(2)(C) to include a program in the
SIP that regulates the enforcement,
11 The ‘‘Prong 3’’ requirements of Element
(D)(i)(II) may be satisfied in part by demonstrating
that the air agency has a complete PSD permitting
program that correctly addresses all regulated NSR
pollutants. Our explanation of how the state has
satisfied the Prong 3 requirements is below.
12 See Proposed Rule, Revisions to the Utah
Division of Administrative Rules, 85 FR 14606
(April 13, 2020). We did not receive any comments
on our proposed approval and anticipate finalizing
that approval before any final action on this
proposal.
13 See Final Rule, Approval and Promulgation of
Air Quality Implementation Plans; Utah; Revisions
to Utah Administrative Code—Permit: New and
Modified Sources, 79 FR 7072, 7076 (July 19, 2016).
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modification, and construction of any
stationary source as necessary to assure
that the NAAQS are achieved.
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D. CAA Section 110(a)(2)(D): Interstate
Transport
CAA section 110(a)(2)(D)(i) consists of
four separate elements, or ‘‘prongs.’’
CAA section 110(a)(2)(D)(i)(I) requires
SIPs to contain adequate provisions
prohibiting emissions that will
contribute significantly to
nonattainment of the NAAQS in any
other state (prong 1), and adequate
provisions prohibiting emissions that
will interfere with maintenance of the
NAAQS by any other state (prong 2).
CAA section 110(a)(2)(D)(i)(II) requires
SIPs to contain adequate provisions
prohibiting emissions that will interfere
with any other state’s required measures
to prevent significant deterioration of its
air quality (prong 3), and adequate
provisions prohibiting emissions which
will interfere with any other state’s
required measures to protect visibility
(prong 4). This proposed action will not
address the prongs 1, 2, and 4 portions
of the Utah 2015 ozone infrastructure
SIP. We will act on these portions of
Utah’s infrastructure SIP in a separate
rulemaking action.
Prong 3: Interference With PSD
Measures
As to in-state sources subject to PSD
permitting, the prong 3 (PSD)
requirement of CAA section
110(a)(2)(D)(II) may be met for all
NAAQS by a state’s confirmation in an
infrastructure SIP submission that new
major sources and major modifications
in the state are subject to a
comprehensive EPA-approved PSD
permitting program in the SIP that
applies to all regulated NSR pollutants
and that satisfies the requirements of the
EPA’s PSD implementation rule(s).14 As
discussed above in connection with
Element (C), Utah has provided that
confirmation by demonstrating that it
has a federally approved PSD program,
current as of the most recent revisions
to 40 CFR 52.21.
In-state sources that are not subject to
PSD permitting—that is, in-state sources
not subject to PSD for any one or more
of the pollutants subject to regulation
under the CAA because they are in a
nonattainment area for a NAAQS related
to those particular pollutants—may also
have the potential to interfere with PSD
in an attainment or unclassifiable area
of another state. One way a state may
satisfy prong 3 with respect to these
14 See 2013 Memo at 31 (‘‘This is because in order
to be approved by the EPA, a major source PSD
permitting program would need to fully consider
source impacts on air quality in other states.’’).
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sources is by citing the air agency’s
EPA-approved nonattainment NSR
provisions addressing all pollutants for
which the state has designated
nonattainment areas. Utah has a SIPapproved nonattainment NSR
program 15 which ensures regulation of
major sources and major modifications
in nonattainment areas, and therefore
we find that this satisfies prong 3 with
regard to this requirement.
Accordingly, the EPA is proposing to
approve the infrastructure SIP
submission as meeting the applicable
prong 3 requirements of section
110(a)(2)(D)(i)(II) for the 2015 ozone
NAAQS.
110(a)(2)(D)(ii): Interstate and
International Transport Provisions
CAA section 110(a)(2)(D)(ii) requires
SIPs to include provisions ensuring
compliance with the applicable
requirements of CAA sections 126 and
115 (relating to interstate and
international pollution abatement). CAA
section 126 requires notification to
neighboring states of potential impacts
from a new or modified major stationary
source and specifies how a state may
petition the EPA when a major source
or group of stationary sources in a state
is thought to contribute to certain
pollution problems in another state.
CAA section 115 governs the process for
addressing air pollutants emitted in the
United States that cause or contribute to
air pollution that may reasonably be
anticipated to endanger public health or
welfare in a foreign country.
To address CAA section
110(a)(2)(D)(ii), Utah states that no
sources within the State are the subject
of an active finding under CAA section
126 with respect to the 2015 ozone
NAAQS, and that there are no final
findings under CAA section 115 against
Utah with respect to the 2015 ozone
NAAQS. In the assessing CAA section
110(a)(2)(D)(ii), we reviewed the
information presented by Utah in its
2015 ozone infrastructure SIP
submission, as well as relevant portions
of the EPA-approved Utah SIP. As
required by 40 CFR 51.166(q)(2)(iv),
Utah’s SIP-approved PSD program
requires major new or modified sources
to provide notice to states whose air
quality may be impacted by the
emissions of sources subject to PSD.16
15 See Final Rule, Approval and Promulgation of
Air Quality Implementation Plans; State of Utah;
Revisions to Nonattainment Permitting Regulations,
84 FR 35831 (July 25, 2019).
16 See Final Rule, Approval, Disapproval, and
Promulgation of Air Quality Implementation Plans;
Utah; Revisions to New Source Review Rules, 76 FR
41712 (July 15, 2011) (approving incorporation of
most 40 CFR 52.21 requirements into state
program).
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This suffices to meet the notice
requirement of section 126(a). Utah also
has no pending obligations under
sections 126(c) or 115(b) of the CAA.
Therefore, the Utah infrastructure SIP
currently meets the requirements of
those sections. For these reasons, the
EPA is proposing to approve the Utah
SIP as fully meeting the requirements of
CAA section 110(a)(2)(D)(ii) for the 2015
ozone NAAQS.
E. CAA Section 110(a)(2)(E): Adequate
Resources
Section 110(a)(2)(E)(i) requires each
state to provide necessary assurances
that it will have adequate personnel,
funding, and authority under state law
to carry out the SIP (and is not
prohibited by any provision of federal or
state law from carrying out the SIP or
portion thereof). Section 110(a)(2)(E)(ii)
requires each state to comply with the
requirements respecting state boards
under CAA section 128. Section
110(a)(2)(E)(iii) requires each state to
‘‘provide necessary assurances that,
where the State has relied on a local or
regional government, agency, or
instrumentality for the implementation
of any [SIP] provision, the State has
responsibility for ensuring adequate
implementation of such [SIP]
provision.’’
The provisions in Chapter 2 of Title
19 of the Utah Code and Utah SIP
section I (Legal Authority) provide the
UDAQ and the AQB adequate authority
to carry out SIP obligations with respect
to the 2015 ozone NAAQS. The State
receives section 105 grant funds through
its Performance Partnership Grant, along
with required state matching funds to
provide funding necessary to carry out
Utah’s SIP requirements (Utah SIP
section V, Resources). Utah’s
Performance Partnership Agreement
with the EPA documents that the State
has the resources needed to carry out
agreed environmental program goals,
measures, and commitments, including
developing and implementing
appropriate SIPs for all areas of the
State. Annually, states update these
grant commitments based on current SIP
requirements, air quality planning, and
applicable requirements related to the
NAAQS. Furthermore, R307–414,
Permits: Fees for Approval Orders,
requires the owner and operator of each
new major source or major modification
to pay a fee sufficient to cover
reasonable costs of reviewing and acting
upon the notice of intent and
implementing and enforcing
requirements placed on such source by
any approval order issued. Collectively,
these rules and commitments provide
evidence that UDEQ has adequate
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personnel, funding, and legal authority
to carry out the State’s implementation
plan and related issues.
With respect to section
110(a)(2)(E)(iii), the regulations cited by
Utah in their submittals (Utah SIP
section VI, Intergovernmental
Cooperation) also provide the necessary
assurances that the State has
responsibility for adequate
implementation of SIP provisions by
local governments. Therefore, we
propose to approve Utah’s SIP as
meeting the requirements of section
110(a)(2)(E)(i) and (E)(iii) for the 2015
ozone NAAQS.
Section 110(a)(2)(E)(ii) requires each
state’s SIP to contain provisions that
comply with the requirements of section
128 of the CAA. Section 128 contains
two explicit requirements: (i) That ‘‘any
board or body which approves permits
or enforcement orders under [the CAA]
shall have at least a majority of members
who represent the public interest and do
not derive any significant portion of
their income from persons subject to
permits or enforcement orders’’ under
the CAA; and (ii) that ‘‘any potential
conflicts of interest by members of such
board or body or the head of an
executive agency with similar powers be
adequately disclosed.’’
On February 14, 2006, EPA approved
SIP section 1 (Legal Authority) into the
Utah SIP as codified in UAR R307–110–
2.17 Utah SIP section 1 (Legal Authority)
specifies certain requirements regarding
the composition of the State board and
disclosure by its members of potential
conflicts of interest. Details on how this
portion of the Procedural Rules meet the
requirements of section 128 are
provided in our April 26, 2016
proposal.18 In our August 2, 2016 final
action, we correspondingly approved
Utah’s infrastructure SIP for the 2008
ozone NAAQS for element (E)(ii).19
Section 128 is not NAAQS-specific, and
once the State has met the requirements
of section 128, that is sufficient for
purposes of section 110(a)(2)(E)(ii) for
all NAAQS. Therefore, Utah’s SIP
continues to meet the requirements of
section 110(a)(2)(E)(ii). We are
17 See Final Rule, Approval and Promulgation of
Air Quality Implementation Plans; Utah; Rule
Recodification, 71 FR 7679, 7682 (February 14,
2006); 40 CFR 52.2320.
18 See Proposed Rule, Promulgation of State
Implementation Plan Revisions; Infrastructure
Requirements for the 2008 Lead, 2008 Ozone, 2010
NO2, 2010 SO2, and 2012 PM2.5 National Ambient
Air Quality Standards; Utah, 81 FR 24525, 24531–
24532 (April 26, 2016).
19 See Final Rule, Promulgation of State
Implementation Plan Revisions; Infrastructure
Requirements for the 2008 Lead, 2008 Ozone, 2010
NO2, 2010 SO2, and 2012 PM2.5 National Ambient
Air Quality Standards; Utah, 81 FR 50626 (Aug. 2,
2016).
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proposing to approve the State’s January
29, 2020 SIP submission as meeting the
requirements of section 128 because it
continues to comply with the statutory
requirements and is consistent with the
EPA’s guidance recommendations
concerning section 128.
F. CAA Section 110(a)(2)(F): Stationary
Source Monitoring System
Under section 110(a)(2)(F), the SIP
must require, as may be prescribed by
the EPA: (i) The installation,
maintenance, and replacement of
equipment, and the implementation of
other necessary steps, by owners or
operators of stationary sources to
monitor emissions from such sources;
(ii) Periodic reports on the nature and
amounts of emissions and emissionsrelated data from such sources; and (iii)
Correlation of such reports by the state
agency with any emission limitations or
standards established pursuant to the
Act, which reports shall be available at
reasonable times for public inspection.
In its submission, Utah includes
reference to EPA-approved section III
(Source Surveillance) which describes
the State’s program of periodic
emissions testing, emissions
inventories, plant inspections and
source monitoring.20Additionally, the
State cites EPA-approved SIP section II
(Review of New and Modified Air
Pollution Sources) and SIP section VIII
(Prevention of Significant Deterioration)
as the State’s program for new or
modified sources to submit plans to
UDEQ (and receive approval) prior to
construction or modification of
stationary sources. Utah also cites UAR
rules in its submission (including R307–
150, R307–165 and R307–170) that
require certain large sources to install
and maintain continuous emission
monitors to assure compliance with
emission limitations established in
approval orders and the SIP.21 In
addition, Utah provides for monitoring,
recordkeeping, and reporting
requirements for sources subject to
minor and major source permitting.
Additionally, Utah is required to
submit emissions data to the EPA for
purposes of the National Emissions
Inventory (NEI). The NEI is the EPA’s
central repository for air emissions data.
The EPA published the Air Emissions
Reporting Rule (AERR) on December 5,
2008, which modified the requirements
for collecting and reporting air
emissions data (73 FR 76539). The
AERR shortened the time states had to
20 Utah
2015 Ozone Infrastructure SIP
Submission, p. 15; see 40 CFR 52.2320.
21 Utah 2015 Ozone Infrastructure SIP
Submission, p. 15.
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report emissions data from 17 to 12
months, giving states one calendar year
to submit emissions data. All states are
required to submit a comprehensive
emissions inventory every three years
and report emissions for certain larger
sources annually through the EPA’s
online Emissions Inventory System.
States report emissions data for the six
criteria pollutants and their associated
precursors—nitrogen oxides, sulfur
dioxide, ammonia, lead, carbon
monoxide, particulate matter and
volatile organic compounds. Many
states also voluntarily report emissions
of hazardous air pollutants. Utah made
its latest update to the NEI in November
2019. The EPA compiles the emissions
data, supplementing it where necessary,
and releases it to the general public
through the website https://
www.epa.gov/air-emissions-inventories.
Based on the analysis above, we
propose to approve the Utah SIP as
meeting the requirements of CAA
section 110(a)(2)(F) for the 2015 ozone
NAAQS.
G. CAA Section 110(a)(2)(G): Emergency
Powers
Section 110(a)(2)(G) of the CAA
requires infrastructure SIPs to ‘‘provide
for authority comparable to that in [CAA
Section 303] and adequate contingency
plans to implement such authority.’’
Under CAA section 303, the
Administrator has authority to file suit
to immediately restrain an air pollution
source that presents an imminent and
substantial endangerment to public
health or welfare, or the environment. If
it is not practicable to assure prompt
protection by filing suit, then the
Administrator has authority to issue
temporary administrative orders to
protect the public health or welfare, or
the environment. Those orders can be
extended if the EPA subsequently files
a civil suit.
In our April 2016 proposed Utah
infrastructure SIP action, we explained
how Utah meets the requirement that
the plan provide for State authority
comparable to that in CAA section
303.22 For the reasons stated in the
April 2016 document, we are proposing
to approve the State’s submittal for this
requirement of section 110(a)(2)(G) with
respect to the 2015 ozone NAAQS.
As discussed above, each state must
also have adequate contingency plans
adopted into the SIP to implement the
air agency’s emergency episode
authority. This can be done by
22 See 81 FR at 24534 (proposing to approve Utah
SIP as meeting CAA section 110(a)(2)(G)
requirement to provide authority comparable to that
in CAA section 303); 81 FR 50626 (taking final
action on proposal).
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submitting a plan that meets the
applicable requirements of 40 CFR part
51, subpart H for the relevant NAAQS,
if the NAAQS is covered by those
regulations. Evaluating Utah’s plan in
our 2016 infrastructure SIP action, we
found that Utah’s air pollution
emergency rules, consistent with the
subpart H requirements, address ozone
(as well as several other pollutants);
establish stages of episode criteria;
provide for public announcement
whenever any episode stage has been
determined to exist; and specify
emission control actions to be taken at
each episode stage.23 The 2016 action
concerned the 2008 ozone standard, but
as to ozone, Utah’s SIP-approved criteria
for emergency episodes remain
consistent with the Significant Harm
Levels established in EPA’s
regulations.24 Accordingly, Utah’s
contingency plans remain approvable
with respect to the 2015 ozone standard.
For these reasons, we propose
approval of Utah’s SIP as meeting the
requirements of CAA section
110(a)(2)(G) for the 2015 ozone NAAQS.
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H. CAA Section 110(a)(2)(H): Future SIP
Revisions
Section 110(a)(2)(H) requires that SIPs
provide for revision ‘‘(i) from time to
time as may be necessary to take
account of revisions of such national
primary or secondary ambient air
quality standard or the availability of
improved or more expeditious methods
of attaining such standard, and (ii),
except as provided in paragraph (3)(C),
whenever the Administrator finds on
the basis of information available to the
Administrator that the SIP is
substantially inadequate to attain the
NAAQS which it implements or to
otherwise comply with any additional
requirements’’ under the Act.
Utah SIP section I cites 19–2–104
(describing the powers of the Air
Quality Board) and 19–2–109 (the
State’s Air Conservation Act) and of the
Utah Code. We have previously found
that these provisions give the AQB
sufficient authority to meet the
requirements of CAA section
110(a)(2)(H), and find that the basis for
that finding is still valid.25 We therefore
propose to approve Utah’s SIP as
meeting the requirements of CAA
section 110(a)(2)(H).
23 See 81 FR 24525, 24533 (proposal); 81 FR
50626 (final rule).
24 Compare UAC R307–105–1 with 40 CFR
51.151.
25 See 81 FR 24525, 24533–24534 (proposal); 81
FR 50626 (final rule).
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I. CAA Section 110(a)(2)(I):
Nonattainment Area Plan Revision
Under Part D
There are two elements identified in
CAA section 110(a)(2) that are not
governed by the three-year submission
deadline of CAA section 110(a)(1)
because SIPs incorporating necessary
local nonattainment area controls are
due on nonattainment area plan
schedules pursuant to section 172 and
the various pollutant-specific subparts 2
through 5 of part D. These are
submissions required by: (i) CAA
section 110(a)(2)(C) to the extent that
subsection refers to a permit program as
required in part D, Title I of the CAA;
and (ii) section 110(a)(2)(I) which
pertain to the nonattainment planning
requirements of part D, Title I of the
CAA. As a result, this action does not
address CAA section 110(a)(2)(C) with
respect to nonattainment NSR or CAA
section 110(a)(2)(I).
J. CAA Section 110(a)(2)(J): Consultation
With Government Officials, Public
Notification, PSD and Visibility
Protection
CAA section 110(a)(2)(J) requires
states to provide a process for
consultation with local governments
and FLMs pursuant to CAA section 121.
In addition, states must satisfy the
requirements of CAA section 127
concerning measures to notify the
public if NAAQS are exceeded in an
area, and to enhance public awareness
of measures that can be taken to prevent
exceedances and of the ways for the
public to participate in air quality
improvement efforts. Finally, as noted
above, CAA section 110(a)(2)(J) requires
states to meet applicable requirements
of part C, Title I of the CAA related to
PSD and visibility protection.
In its submittals, the State cites SIP
section I (Legal Authority) adopting
requirements for transportation
consultation, SIP section VI
(Intergovernmental Cooperation), and
SIP section XII (Transportation
Conformity Consultation) to meet the
requirements of CAA section 121.26 The
State has thereby demonstrated that it
has the authority and rules in place to
provide a process of consultation with
general purpose local governments,
designated organizations of elected
officials of local governments and any
Federal Land Manager having authority
over federal land to which the SIP
applies, consistent with the
requirements of CAA section 121. In its
submission, Utah cites SIP section XVI
(Public Notification), which is the
26 Utah 2015 Ozone Infrastructure SIP
Submission, p. 17.
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33057
State’s plan to report monitored levels
of emissions both daily and annually,
which meets the general requirements of
CAA section 127 to notify the public
when the NAAQS have been exceeded.
As to the section 110(a)(2)(J)
requirement to address Part C’s PSD
requirements, we have discussed the
State’s program above in connection
with section 110(a)(2)(C). As we have
noted, the requirements for Element (J)
in relation to a comprehensive PSD
permitting program are the same as the
requirements with respect to Element
(C). Our proposed approval of the
State’s submissions with respect to
Element (C) therefore applies to the PSD
component of Element (J).
Finally, with regard to the applicable
requirements for visibility protection,
the EPA recognizes that states are
subject to visibility and regional haze
program requirements under Part C of
the Act. In the event of the
establishment of a new NAAQS,
however, the visibility and regional
haze program requirements under Part C
do not change. Thus, we find that there
are no newly applicable visibility
requirements under section 110(a)(2)(J)
when a new NAAQS becomes effective,
and thus no requirement for Utah to
address the visibility component of
Element (J) in its infrastructure SIP.
For these reasons, we propose to
approve the Utah SIP as meeting the
requirements of CAA section 110(a)(2)(J)
for the 2015 ozone NAAQS.
K. CAA Section 110(a)(2)(K): Air Quality
and Modeling/Data
CAA section 110(a)(2)(K) requires that
SIPs provide for (i) the performance of
air quality modeling as the
Administrator may prescribe for the
purpose of predicting the effect on
ambient air quality of any emissions of
any NAAQS pollutant, and (ii) the
submission, upon request, of data
related to such air quality modeling to
the Administrator. Applicable EPA
requirements for air quality modeling
for criteria pollutants are found in 40
CFR part 51, appendix W, Guideline on
Air Quality Models.27
27 In its most recent revision to appendix W, the
EPA stated that revised requirements must be
‘‘integrated into the regulatory processes of
respective reviewing authorities and followed by
applicants by no later than January 17, 2018.’’ Final
Rule, Revisions to the Guideline on Air Quality
Models: Enhancements to the AERMOD Dispersion
Modeling System and Incorporation of Approaches
to Address Ozone and Fine Particulate Matter, 82
FR 5182 (Jan. 17, 2017). On April 13, 2020, we
proposed to approve portions of a Utah SIP revision
that revised the date of incorporation by reference
for appendix W to comply with EPA’s January 17,
2017 revisions to appendix W. See 85 FR 14606. As
noted previously, we did not receive any comments
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In its submissions, Utah cites UAR
rule R307–405–13, which incorporates
by reference the air quality model
provisions of 40 CFR 52.21(l), which
includes the air quality model
requirements of appendix W of 40 CFR
part 51, pertaining to the Guideline on
Air Quality Models.28 Additionally, the
State cites EPA-approved SIP section II
(Review of New and Modified Air
Pollution Sources) and SIP section VIII
(Prevention of Significant Deterioration)
as the State’s program for new or
modified sources to submit plans to
UDEQ (and receive approval) prior to
construction or modification of
stationary sources. Utah’s PSD program
incorporates by reference the federal
program at 40 CFR 52.21, including the
provision at 52.21(l)(1) requiring that
estimates of ambient air concentrations
be based on applicable air quality
models specified in appendix W of 40
CFR part 51, and the provision at
52.21(l)(2) requiring that modification or
substitution of a model specified in
appendix W must be approved by the
Administrator.
Therefore, we propose to approve the
Utah SIP as meeting the CAA section
110(a)(2)(K) for the 20015 ozone
NAAQS.
L. CAA Section 110(a)(2)(L): Permitting
Fees
CAA section 110(a)(2)(L) provides
that SIPs must require each major
stationary source to pay permitting fees
to cover the cost of reviewing,
approving, implementing and enforcing
a permit. Utah’s SIP-approved rules
require the owner and operator of each
new major source or major modification
to pay a fee sufficient to cover the
reasonable costs of reviewing and acting
upon the notice of intent and
implementing and enforcing
requirements placed on such source by
any approval order issued.29 Likewise,
SIP section I (Legal Authority)
‘‘identifies the statutory authority to
charge a fee to major sources to cover
permit and enforcement expenses.’’ 30
Finally, the State’s submissions cite
R307–415, which is the state regulation
that provides for collection of
permitting fees under Utah’s approved
title V permit program.31 As discussed
in that approval, the State demonstrated
that the fees collected were sufficient to
administer the program.32 Therefore, we
propose to approve the submissions as
supplemented by the State for the 2015
ozone NAAQS.
M. CAA Section 110(a)(2)(M):
Consultation/Participation by Affected
Local Entities
CAA section 110(a)(2)(M) requires
states to provide for consultation and
participation in SIP development by
local political subdivisions affected by
the SIP. To satisfy this requirement,
Utah refers to SIP section VI
(Intergovernmental Cooperation),
codified at R307–110–7. The provisions
of this section require and provide
authority for public hearings, notice of
hearings, public comment periods, and
the consultation and coordination
between state and local governments.
The EPA most recently approved this
rule on February 14, 2006.33 The rules
and regulations cited by Utah provide
for the consultation and participation by
local political subdivisions affected by
the SIP; therefore, we are proposing to
approve the Utah SIP as meeting the
requirements of CAA section
110(a)(2)(M) for the 2015 ozone
NAAQS.
IV. Proposed Action
In this rulemaking, we are proposing
approval for multiple elements of the
infrastructure SIP requirements for the
2015 ozone NAAQS for Utah along with
a proposed no action for three
infrastructure elements for Utah. Our
proposed actions are contained in Table
1 below.
The EPA is proposing to approve
Utah’s January 29, 2020 SIP submission
for the following CAA section 110(a)(2)
infrastructure elements for the 2015
ozone NAAQS: (A), (B), (C), (D)(i)(II)
Prong 3, (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). The EPA is proposing no
action on (D)(i)(I) Prongs 1 and 2, and
(D)(i)(II) Prong 4.
In the table below, the key is as
follows:
A—Approve.
D—Disapprove.
NA—No Action.
TABLE 1—INFRASTRUCTURE ELEMENTS THAT THE EPA IS PROPOSING TO ACT ON
2015 Ozone NAAQS Infrastructure SIP Elements: Utah
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(A): Emission Limits and Other Control Measures ......................................................................................................................................
(B): Ambient Air Quality Monitoring/Data System .......................................................................................................................................
(C): Program for Enforcement of Control Measures ...................................................................................................................................
(D)(i)(I): Prong 1 Interstate Transport—significant contribution ..................................................................................................................
(D)(i)(I): Prong 2 Interstate Transport—interference with maintenance ......................................................................................................
(D)(i)(II): Prong 3 Interstate Transport—prevention of significant deterioration ..........................................................................................
(D)(i)(II): Prong 4 Interstate Transport—visibility .........................................................................................................................................
(D)(ii): Interstate and International Pollution Abatement .............................................................................................................................
(E): Adequate Resources ............................................................................................................................................................................
(F): Stationary Source Monitoring System ..................................................................................................................................................
(G): Emergency Episodes ...........................................................................................................................................................................
(H): Future SIP revisions .............................................................................................................................................................................
(J): Consultation with Government Officials, Public Notification, PSD and Visibility Protection .................................................................
(K): Air Quality and Modeling/Data ..............................................................................................................................................................
(L): Permitting Fees .....................................................................................................................................................................................
(M): Consultation/Participation by Affected Local Entities ..........................................................................................................................
on our proposed approval and anticipate that that
approval will be final before any final action on this
proposal.
28 Utah 2015 Ozone Infrastructure SIP
Submission, p.19.
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29 See UAC rule R307–414, Permits: Fees for
Approval Orders; 40 CFR 52.2320.
30 See SIP Section I (Legal Authority), codified at
UAC R307–10–2; 40 CFR 52.2320.
31 See Clean Air Act Final Full Approval of
Operating Permits Program; Approval of
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A
A
A
NA
NA
A
NA
A
A
A
A
A
A
A
A
A
Construction Permit Program Under Section 112(l);
State of Utah, 60 FR 30192 (June 8, 1995); 40 CFR
52.2320.
32 Utah 2015 Ozone Infrastructure SIP
Submission, p.19.
33 71 FR 7679.
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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;
• 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
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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,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 18, 2020.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2020–11182 Filed 5–29–20; 8:45 am]
BILLING CODE 6560–50–P
33059
www.epa.gov/dockets/where-sendcomments-epa-docket.
Please note that, due to the public
health emergency, the EPA Docket
Center (EPA/DC) and Reading Room
was closed to public visitors on March
31, 2020. Our EPA/DC staff will
continue to provide customer service
via email, phone, and webform. For
further information on EPA/DC services,
docket contact information, and the
current status of the EPA/DC and
Reading Room, please visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Robert McNally, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
BPPDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2019–0692; FRL–10009–29]
Receipt of a Pesticide Petition Filed for
Residues of a Pesticide Chemical in or
on Various Commodities
Environmental Protection
Agency (EPA).
ACTION: Notice of filing of petition and
request for comment.
AGENCY:
This document announces
EPA’s receipt of an initial filing of a
pesticide petition requesting the
establishment or modification of
regulations for residues of a pesticide
chemical in or on various commodities.
DATES: Comments must be received on
or before July 1, 2020.
ADDRESSES: Submit your comments,
identified by docket identification
number EPA–HQ–OPP–2019–0692, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
SUMMARY:
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
If you have any questions regarding
the applicability of this action to a
particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
E:\FR\FM\01JNP1.SGM
01JNP1
]]>Agencies
[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Proposed Rules]
[Pages 33052-33059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11182]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0643; FRL-10009-77-Region 8]
Promulgation of State Implementation Plan Revisions;
Infrastructure Requirements for the 2015 Ozone National Ambient Air
Quality Standards; Utah
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On October 1, 2015, the Environmental Protection Agency (EPA)
promulgated the 2015 ozone National Ambient Air Quality Standard
(NAAQS), revising the standard to 0.070 parts per million. Whenever a
new or revised is promulgated, the Clean Air Act (CAA or Act) requires
each state to submit a State Implementation Plan (SIP) revision for the
implementation, maintenance, and enforcement of the new standard. This
submission is commonly referred to as an infrastructure SIP. In this
action we are proposing to approve the State of Utah's 2015 ozone NAAQS
infrastructure SIP submitted to the EPA on January 29, 2020.
DATES: Written comments must be received on or before July 1, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0643, to the Federal Rulemaking Portal: 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 whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets. To reduce the risk of
COVID-19 transmission, for this action we will not be accepting
comments submitted by mail or hand delivery
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will not be placed on the internet. Publicly
available docket materials are available electronically at
www.regulations.gov. To reduce the risk of COVID-19 transmission, for
this action we do not plan to offer hard copy review of the docket.
Please email or call the person listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make alternative arrangements for access
to the docket.
FOR FURTHER INFORMATION CONTACT: Kate Gregory, (303) 312-6175,
[email protected]. Mail can be directed to the Air and Radiation
Division, U.S. EPA, Region 8, Mail-code 8ARD-QP, 1595 Wynkoop Street,
Denver, Colorado 80202-1129.
SUPPLEMENTARY INFORMATION: Throughout this document, ``reviewing
authority,'' ``we,'' ``us,'' and ``our'' refer to the EPA.
I. Background
On March 12, 2008, the EPA promulgated a new NAAQS for ozone,
revising the levels of the primary and secondary 8-hour ozone standards
from 0.08 parts per million (ppm) to 0.075 ppm.\1\ More recently, on
October 1, 2015, the EPA promulgated and revised the NAAQS for ozone,
further strengthening the primary and secondary 8-hour standards to
0.070 ppm.\2\ The October 1, 2015 standards are known as the 2015 ozone
NAAQS.
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\1\ Final rule, National Ambient Air Quality Standards for
Ozone, 73 FR 16436, 16483 (March 27, 2008).
\2\ Final rule, National Ambient Air Quality Standards for
Ozone, 80 FR 65292, 65362 (Oct. 26, 2015).
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Under sections 110(a)(1) and (2) of the CAA, after the promulgation
of a new or revised NAAQS states are required to submit infrastructure
SIPs to ensure their SIPs provide for implementation, maintenance, and
enforcement of the NAAQS.\3\ These submissions must contain any
revisions needed for meeting the applicable SIP requirements of section
110(a)(2), or certifications that the existing SIPs already meet those
requirements. The EPA highlighted and explained this statutory
requirement in a series of guidance documents.\4\
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\3\ 42 U.S.C. 7410(a)(1), (2).
\4\ ``Guidance on SIP Elements Required Under Sections 110(a)(1)
and (2) for the 1997 8-hour Ozone and PM2.5 National
Ambient Air Quality Standards'' (Oct. 2, 2007); ``Guidance on SIP
Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-
Hour Fine Particle (PM2.5) National Ambient Air Quality
Standards (NAAQS)'' (Sep. 25, 2009); ``Guidance on Infrastructure
SIP Elements Required Under Sections 110(a)(1) and (2) for the 2008
Lead (Pb) National Ambient Air Quality Standards (NAAQS)'' (Oct. 14,
2011); ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and (2)'' (Sep. 13,
2013) (2013 Memo).
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A. What infrastructure elements are required under Sections 110(a)(1)
and (2)?
CAA section 110(a)(1) provides the procedural and timing
requirements for SIP submissions after a new or revised NAAQS is
promulgated. Section 110(a)(2) lists specific elements the SIP
[[Page 33053]]
must contain or satisfy. These infrastructure elements include
requirements such as modeling, monitoring, and emissions inventories,
which are designed to assure attainment and maintenance of the NAAQS.
The elements that are the subject of this action are listed below.
110(a)(2)(A): Emission limits and other control measures.
110(a)(2)(B): Ambient air quality monitoring/data system.
110(a)(2)(C): Program for enforcement of control measures.
110(a)(2)(D): Interstate transport.
110(a)(2)(E): Adequate resources and authority, conflict
of interest, and oversight of local governments and regional agencies.
110(a)(2)(F): Stationary source monitoring and reporting.
110(a)(2)(G): Emergency powers.
110(a)(2)(H): Future SIP revisions.
110(a)(2)(J): Consultation with government officials,
public notification, and prevention of significant deterioration (PSD)
and visibility protection.
110(a)(2)(K): Air quality modeling/data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
A detailed discussion of each of these elements for Utah is
contained in section III of this document.
B. How did the State address the infrastructure elements of Sections
110(a)(1) and (2)?
The Utah 2015 ozone NAAQS infrastructure SIP submissions
demonstrates how the State, where applicable, has plans in place that
meet the requirements of section 110 for the 2015 ozone NAAQS. The
State submittals are available in the electronic docket for today's
proposed action at www.regulations.gov.\5\
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\5\ Utah made a submittal to address the 2015 ozone NAAQS
infrastructure SIP requirements on October 24, 2019, but then made a
second submittal on January 29, 2020, to address public
participation requirements. The second submittal is comprehensive
and includes all of the substantive material in the first, but for
completeness the docket includes both submittals (see `UT 2015 Ozone
ISIP Submission--10.24.19' and 01.29.20 UT 2015 ISIP Submission' in
docket).
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The Utah Department of Environmental Quality (UDEQ) submitted a
certification of Utah's infrastructure SIP for the 2015 ozone NAAQS on
January 29, 2020. The State's submission references the current Utah
Division of Air Quality (UDAQ) Rules (UAR).\6\
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\6\ See https://rules.utah.gov/publicat/code/r307/r307.htm (as
in effect December 1, 2019; site accessed April 13, 2020); Utah's
approved SIP can be found at 40 CFR 52.2320.
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II. What is the scope of this proposed rule?
The EPA is acting upon SIP submissions from Utah that address the
infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for
the 2015 ozone NAAQS. The requirement for states to make a SIP
submission of this type arises out of CAA section 110(a)(1). Pursuant
to section 110(a)(1), states must make SIP submissions ``within 3 years
(or such shorter period as the Administrator may prescribe) after the
promulgation of a national primary ambient air quality standard (or any
revision thereof),'' and these SIP submissions are to provide for the
``implementation, maintenance, and enforcement'' of such NAAQS. The
statute directly imposes on states the duty to make these SIP
submissions, and the requirement to make the submissions is not
conditioned upon the EPA taking any action other than promulgating a
new or revised NAAQS. Section 110(a)(2) includes a list of specific
elements that ``[e]ach such plan'' submission must address.
Whenever the EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This
particular type of SIP submission is commonly referred to as an
``infrastructure SIP.'' These submissions must meet the various
requirements of CAA section 110(a)(2), as applicable. The EPA has
previously provided comprehensive guidance on the application of these
provisions through a guidance document for infrastructure SIP
submissions and through regional actions on infrastructure
submissions.\7\ Unless otherwise noted below, we are following that
approach in acting on this submission. In addition, in the context of
acting on infrastructure submissions, the EPA generally evaluates the
state's SIP for facial compliance with statutory and regulatory
requirements, not for the state's implementation of its SIP.\8\ The EPA
has other authority to address any issues concerning a state's
implementation of the rules, regulations, consent orders, and other
materials that comprise its SIP.
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\7\ The EPA explains and elaborates on these ambiguities and its
approach to address them in its 2013 Infrastructure SIP Guidance
(available at https://www.epa.gov/sites/production/files/2015-12/documents/guidance_on_infrastructure_sip_elements_multipollutant_final_sept_2013.pdf), as well as in agency actions on infrastructure SIPs. See,
e.g., Proposed Rule, Promulgation of State Implementation Plan
Revisions; Infrastructure Requirements for the 1997 and 2006
PM2.5, 2008 Lead, 2008 Ozone, and 2010 NO2 National
Ambient Air Quality Standards; South Dakota, 79 FR 71040 (December
1, 2014).
\8\ See Montana Envtl. Info. Ctr. v. Thomas, 902 F.3d 971, 978
(9th Cir. 2018).
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III. The EPA's Evaluation of the State Submittal
A. CAA Section 110(a)(2)(A): Emission Limits and Other Control Measures
Section 110(a)(2)(A) requires SIPs to include enforceable emission
limitations and other control measures, means, or techniques (including
economic incentives such as fees, marketable permits, and auctions of
emissions rights), as well as schedules and timetables for compliance
as may be necessary or appropriate to meet the applicable requirements
of this Act.
Multiple SIP-approved UDAQ Rules cited in Utah's certification
provide enforceable emission limitations and other control measures,
means or techniques, schedules for compliance, and other related
matters necessary to meet the requirements of the CAA section
110(a)(2)(A) for the 2015 NAAQS. The State's submission cites SIP
section I (Legal Authority), which allows the adoption of emission
standards and other limits necessary for attainment and maintenance of
the NAAQS. SIP section I, in combination with other specific control
measures adopted by the Utah Air Quality Board (AQB), and multiple SIP-
approved state air quality regulations cited in Utah's certification,
including SIP sections II (Review of New and Modified Air Pollution
Sources), VIII (Prevention of Significant Deterioration), IX (Part D: 8
Hour Ozone Provisions), X (Part A, B, C: Vehicle Inspection and
Maintenance Program General Provisions), ozone Reasonable Available
Control Technology (RACT) rules and R307-325 (Ozone Nonattainment and
Maintenance Areas: General Requirement), R307-326 (Ozone Nonattainment
and Maintenance Areas: Control of Hydrocarbon Emissions), R307-327
(Ozone Nonattainment and Maintenance Areas: Petroleum Liquid Storage),
R307-328 (Gasoline Transfer and Storage), R307-335 (Ozone Nonattainment
and Maintenance Areas: Degreasing and Solvent Cleaning Operations),
R307-340 (Ozone Nonattainment and Maintenance Areas: Surface Coating
Processes) provide enforceable emission limitations and other control
measures, means of techniques, schedules for compliance, and other
related matters necessary to meet the requirements of the CAA section
110(a)(2)(A) for the 2015 ozone
[[Page 33054]]
NAAQS, subject to the following clarifications.\9\
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\9\ Utah 2015 Ozone Infrastructure SIP Submission, pp. 1, 2.
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The EPA does not consider the SIP requirements triggered by the
nonattainment area mandates in part D of Title 1 of the CAA to be
governed by the submission deadline of section 110(a)(1). Nevertheless,
Utah has included some SIP provisions originally submitted in response
to part D requirements in its certification for the infrastructure
requirements of section 110(a)(2). For the purposes of this action, the
EPA is reviewing any rules originally submitted in response to part D
requirements solely for the purposes of determining whether they
support a finding that the State has met the basic infrastructure
requirements of section 110(a)(2). For example, in response to the
requirement to have enforceable emission limitations under section
110(a)(2)(A), Utah's certification (contained within this docket)
generally listed provisions within its SIP which regulate pollutants
through various programs, including its stationary source permit
program, which requires sources to demonstrate that emissions will not
cause or contribute to a violation of any NAAQS. The EPA is approving
those rules as meeting the requirement to have enforceable emission
limitations on ozone precursors; any judgment about whether those
emission limitations discharge the State's obligation to impose RACT
under part D will be made separately, in an action reviewing those
rules pursuant to the requirements of part D. This suffices, in the
case of Utah, to meet the requirements of section 110(a)(2)(A) for the
2015 ozone NAAQS.
B. CAA Section 110(a)(2)(B): Ambient Air Quality Monitoring/Data System
Section 110(a)(2)(B) requires SIPs to provide for establishment and
operation of appropriate devices, methods, systems, and procedures
necessary to ``(i) monitor, compile, and analyze data on ambient air
quality, and (ii) upon request, make such data available to the
Administrator.''
As discussed in Utah's submission, the UDEQ periodically submits a
Quality Management Plan and a Quality Assurance Project Plan to the
EPA. These plans cover procedures to monitor and analyze data. As part
of the monitoring SIP, Utah submits an Annual Monitoring Network Plan
(AMNP) each year for the EPA's approval.
A comprehensive AMNP, intended to fully meet the federal
requirements, was submitted to the EPA by Utah on July 3, 2019 and
subsequently approved by the EPA.\10\ Utah's SIP-approved regulations
provide for the design and operation of its monitoring network,
reporting of data obtained from the monitors, and annual network review
including notification to the EPA of any changes, and public
notification of exceedances of NAAQS. As described in its submission,
Utah operates a comprehensive monitoring network, including ozone
monitoring, compiles and analyzes collected data, and submits the data
to the EPA's Air Quality System on a quarterly basis.
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\10\ See Utah AMNP Approval 2019.docx in the docket for this
action. Additionally, Utah's AMNPs can be found at https://www.airmonitoring.utah.gov/network/review.htm.
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Based on this information, we are proposing to approve the Utah SIP
as meeting the requirements of CAA section 110(a)(2)(B) for the 2015
ozone NAAQS.
C. CAA Section 110(a)(2)(C): Program for Enforcement of Control
Measures and for Construction or Modification of Stationary Sources
To generally meet the requirements of section 110(a)(2)(C), the
State is required to have SIP-approved PSD, nonattainment New Source
Review (NSR), and minor NSR permitting programs that are adequate to
implement the 2015 ozone NAAQS. As explained elsewhere in this action,
the EPA is not evaluating nonattainment-related provisions, such as the
nonattainment NSR program required by part D of the Act. The EPA is
evaluating the State's PSD program as required by part C of the Act,
and the State's minor NSR program as required by 110(a)(2)(C).
The State's submissions for the 2015 ozone infrastructure
requirements cite SIP section I (Legal Authority), which provides for
enforcement of applicable laws, regulations, and standards, including
injunctive relief, and also provides authority to prevent construction,
modification, or operation of any stationary source at any location
where emissions from such source will prevent the attainment or
maintenance of a national standard or interfere with PSD requirements.
PSD Requirements
With respect to Element (C), the EPA interprets the CAA to require
each state to make an infrastructure SIP submission for a new or
revised NAAQS demonstrating that the air agency has a complete PSD
permitting program meeting the current requirements for all regulated
NSR pollutants. The requirements for Element (J) in relation to a
comprehensive PSD permitting program are the same as the requirements
with respect to Element (C).\11\
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\11\ The ``Prong 3'' requirements of Element (D)(i)(II) may be
satisfied in part by demonstrating that the air agency has a
complete PSD permitting program that correctly addresses all
regulated NSR pollutants. Our explanation of how the state has
satisfied the Prong 3 requirements is below.
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Utah has shown that it has a PSD program in place that covers all
regulated NSR pollutants, including greenhouse gases (GHGs). SIP
section VIII (Prevention of Significant Deterioration) applies to all
air pollutants regulated under the CAA. Utah implements the PSD program
by, for the most part, incorporating by reference the Federal PSD
program located in 40 CFR 52.21 as it existed on a specific date. On
April 13, 2020, we proposed to approve portions of a Utah SIP revision
revising the date of incorporation by reference of the Federal PSD
program to July 1, 2018.\12\ With this Utah SIP revision, the Utah SIP
now generally reflects all changes to PSD requirements that the EPA has
promulgated through the revised date of incorporation by reference.
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\12\ See Proposed Rule, Revisions to the Utah Division of
Administrative Rules, 85 FR 14606 (April 13, 2020). We did not
receive any comments on our proposed approval and anticipate
finalizing that approval before any final action on this proposal.
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For the above reasons, the EPA is proposing to approve Utah's SIP
for the 2015 ozone NAAQS with respect to the requirement in section
110(a)(2)(C) to include a permit program in the SIP as required by part
C of the Act.
Minor NSR Requirements
The State has a SIP-approved minor NSR program, adopted under
section 110(a)(2)(C) of the Act.\13\ Since approval of the minor NSR
program, the State and the EPA have relied on the program to assure
that new and modified sources not captured by the major NSR permitting
programs do not interfere with attainment and maintenance of the NAAQS.
Utah's minor NSR program, as approved into the SIP, covers the
construction and modification of stationary sources of regulated NSR
pollutants, including PM2.5, lead, and ozone and its
precursors.
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\13\ See Final Rule, Approval and Promulgation of Air Quality
Implementation Plans; Utah; Revisions to Utah Administrative Code--
Permit: New and Modified Sources, 79 FR 7072, 7076 (July 19, 2016).
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The EPA is proposing to approve Utah's infrastructure SIP for the
2015 ozone NAAQS with respect to the general requirement in section
110(a)(2)(C) to include a program in the SIP that regulates the
enforcement,
[[Page 33055]]
modification, and construction of any stationary source as necessary to
assure that the NAAQS are achieved.
D. CAA Section 110(a)(2)(D): Interstate Transport
CAA section 110(a)(2)(D)(i) consists of four separate elements, or
``prongs.'' CAA section 110(a)(2)(D)(i)(I) requires SIPs to contain
adequate provisions prohibiting emissions that will contribute
significantly to nonattainment of the NAAQS in any other state (prong
1), and adequate provisions prohibiting emissions that will interfere
with maintenance of the NAAQS by any other state (prong 2). CAA section
110(a)(2)(D)(i)(II) requires SIPs to contain adequate provisions
prohibiting emissions that will interfere with any other state's
required measures to prevent significant deterioration of its air
quality (prong 3), and adequate provisions prohibiting emissions which
will interfere with any other state's required measures to protect
visibility (prong 4). This proposed action will not address the prongs
1, 2, and 4 portions of the Utah 2015 ozone infrastructure SIP. We will
act on these portions of Utah's infrastructure SIP in a separate
rulemaking action.
Prong 3: Interference With PSD Measures
As to in-state sources subject to PSD permitting, the prong 3 (PSD)
requirement of CAA section 110(a)(2)(D)(II) may be met for all NAAQS by
a state's confirmation in an infrastructure SIP submission that new
major sources and major modifications in the state are subject to a
comprehensive EPA-approved PSD permitting program in the SIP that
applies to all regulated NSR pollutants and that satisfies the
requirements of the EPA's PSD implementation rule(s).\14\ As discussed
above in connection with Element (C), Utah has provided that
confirmation by demonstrating that it has a federally approved PSD
program, current as of the most recent revisions to 40 CFR 52.21.
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\14\ See 2013 Memo at 31 (``This is because in order to be
approved by the EPA, a major source PSD permitting program would
need to fully consider source impacts on air quality in other
states.'').
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In-state sources that are not subject to PSD permitting--that is,
in-state sources not subject to PSD for any one or more of the
pollutants subject to regulation under the CAA because they are in a
nonattainment area for a NAAQS related to those particular pollutants--
may also have the potential to interfere with PSD in an attainment or
unclassifiable area of another state. One way a state may satisfy prong
3 with respect to these sources is by citing the air agency's EPA-
approved nonattainment NSR provisions addressing all pollutants for
which the state has designated nonattainment areas. Utah has a SIP-
approved nonattainment NSR program \15\ which ensures regulation of
major sources and major modifications in nonattainment areas, and
therefore we find that this satisfies prong 3 with regard to this
requirement.
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\15\ See Final Rule, Approval and Promulgation of Air Quality
Implementation Plans; State of Utah; Revisions to Nonattainment
Permitting Regulations, 84 FR 35831 (July 25, 2019).
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Accordingly, the EPA is proposing to approve the infrastructure SIP
submission as meeting the applicable prong 3 requirements of section
110(a)(2)(D)(i)(II) for the 2015 ozone NAAQS.
110(a)(2)(D)(ii): Interstate and International Transport Provisions
CAA section 110(a)(2)(D)(ii) requires SIPs to include provisions
ensuring compliance with the applicable requirements of CAA sections
126 and 115 (relating to interstate and international pollution
abatement). CAA section 126 requires notification to neighboring states
of potential impacts from a new or modified major stationary source and
specifies how a state may petition the EPA when a major source or group
of stationary sources in a state is thought to contribute to certain
pollution problems in another state. CAA section 115 governs the
process for addressing air pollutants emitted in the United States that
cause or contribute to air pollution that may reasonably be anticipated
to endanger public health or welfare in a foreign country.
To address CAA section 110(a)(2)(D)(ii), Utah states that no
sources within the State are the subject of an active finding under CAA
section 126 with respect to the 2015 ozone NAAQS, and that there are no
final findings under CAA section 115 against Utah with respect to the
2015 ozone NAAQS. In the assessing CAA section 110(a)(2)(D)(ii), we
reviewed the information presented by Utah in its 2015 ozone
infrastructure SIP submission, as well as relevant portions of the EPA-
approved Utah SIP. As required by 40 CFR 51.166(q)(2)(iv), Utah's SIP-
approved PSD program requires major new or modified sources to provide
notice to states whose air quality may be impacted by the emissions of
sources subject to PSD.\16\ This suffices to meet the notice
requirement of section 126(a). Utah also has no pending obligations
under sections 126(c) or 115(b) of the CAA. Therefore, the Utah
infrastructure SIP currently meets the requirements of those sections.
For these reasons, the EPA is proposing to approve the Utah SIP as
fully meeting the requirements of CAA section 110(a)(2)(D)(ii) for the
2015 ozone NAAQS.
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\16\ See Final Rule, Approval, Disapproval, and Promulgation of
Air Quality Implementation Plans; Utah; Revisions to New Source
Review Rules, 76 FR 41712 (July 15, 2011) (approving incorporation
of most 40 CFR 52.21 requirements into state program).
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E. CAA Section 110(a)(2)(E): Adequate Resources
Section 110(a)(2)(E)(i) requires each state to provide necessary
assurances that it will have adequate personnel, funding, and authority
under state law to carry out the SIP (and is not prohibited by any
provision of federal or state law from carrying out the SIP or portion
thereof). Section 110(a)(2)(E)(ii) requires each state to comply with
the requirements respecting state boards under CAA section 128. Section
110(a)(2)(E)(iii) requires each state to ``provide necessary assurances
that, where the State has relied on a local or regional government,
agency, or instrumentality for the implementation of any [SIP]
provision, the State has responsibility for ensuring adequate
implementation of such [SIP] provision.''
The provisions in Chapter 2 of Title 19 of the Utah Code and Utah
SIP section I (Legal Authority) provide the UDAQ and the AQB adequate
authority to carry out SIP obligations with respect to the 2015 ozone
NAAQS. The State receives section 105 grant funds through its
Performance Partnership Grant, along with required state matching funds
to provide funding necessary to carry out Utah's SIP requirements (Utah
SIP section V, Resources). Utah's Performance Partnership Agreement
with the EPA documents that the State has the resources needed to carry
out agreed environmental program goals, measures, and commitments,
including developing and implementing appropriate SIPs for all areas of
the State. Annually, states update these grant commitments based on
current SIP requirements, air quality planning, and applicable
requirements related to the NAAQS. Furthermore, R307-414, Permits: Fees
for Approval Orders, requires the owner and operator of each new major
source or major modification to pay a fee sufficient to cover
reasonable costs of reviewing and acting upon the notice of intent and
implementing and enforcing requirements placed on such source by any
approval order issued. Collectively, these rules and commitments
provide evidence that UDEQ has adequate
[[Page 33056]]
personnel, funding, and legal authority to carry out the State's
implementation plan and related issues.
With respect to section 110(a)(2)(E)(iii), the regulations cited by
Utah in their submittals (Utah SIP section VI, Intergovernmental
Cooperation) also provide the necessary assurances that the State has
responsibility for adequate implementation of SIP provisions by local
governments. Therefore, we propose to approve Utah's SIP as meeting the
requirements of section 110(a)(2)(E)(i) and (E)(iii) for the 2015 ozone
NAAQS.
Section 110(a)(2)(E)(ii) requires each state's SIP to contain
provisions that comply with the requirements of section 128 of the CAA.
Section 128 contains two explicit requirements: (i) That ``any board or
body which approves permits or enforcement orders under [the CAA] shall
have at least a majority of members who represent the public interest
and do not derive any significant portion of their income from persons
subject to permits or enforcement orders'' under the CAA; and (ii) that
``any potential conflicts of interest by members of such board or body
or the head of an executive agency with similar powers be adequately
disclosed.''
On February 14, 2006, EPA approved SIP section 1 (Legal Authority)
into the Utah SIP as codified in UAR R307-110-2.\17\ Utah SIP section 1
(Legal Authority) specifies certain requirements regarding the
composition of the State board and disclosure by its members of
potential conflicts of interest. Details on how this portion of the
Procedural Rules meet the requirements of section 128 are provided in
our April 26, 2016 proposal.\18\ In our August 2, 2016 final action, we
correspondingly approved Utah's infrastructure SIP for the 2008 ozone
NAAQS for element (E)(ii).\19\ Section 128 is not NAAQS-specific, and
once the State has met the requirements of section 128, that is
sufficient for purposes of section 110(a)(2)(E)(ii) for all NAAQS.
Therefore, Utah's SIP continues to meet the requirements of section
110(a)(2)(E)(ii). We are proposing to approve the State's January 29,
2020 SIP submission as meeting the requirements of section 128 because
it continues to comply with the statutory requirements and is
consistent with the EPA's guidance recommendations concerning section
128.
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\17\ See Final Rule, Approval and Promulgation of Air Quality
Implementation Plans; Utah; Rule Recodification, 71 FR 7679, 7682
(February 14, 2006); 40 CFR 52.2320.
\18\ See Proposed Rule, Promulgation of State Implementation
Plan Revisions; Infrastructure Requirements for the 2008 Lead, 2008
Ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5
National Ambient Air Quality Standards; Utah, 81 FR 24525, 24531-
24532 (April 26, 2016).
\19\ See Final Rule, Promulgation of State Implementation Plan
Revisions; Infrastructure Requirements for the 2008 Lead, 2008
Ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5
National Ambient Air Quality Standards; Utah, 81 FR 50626 (Aug. 2,
2016).
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F. CAA Section 110(a)(2)(F): Stationary Source Monitoring System
Under section 110(a)(2)(F), the SIP must require, as may be
prescribed by the EPA: (i) The installation, maintenance, and
replacement of equipment, and the implementation of other necessary
steps, by owners or operators of stationary sources to monitor
emissions from such sources; (ii) Periodic reports on the nature and
amounts of emissions and emissions-related data from such sources; and
(iii) Correlation of such reports by the state agency with any emission
limitations or standards established pursuant to the Act, which reports
shall be available at reasonable times for public inspection.
In its submission, Utah includes reference to EPA-approved section
III (Source Surveillance) which describes the State's program of
periodic emissions testing, emissions inventories, plant inspections
and source monitoring.\20\Additionally, the State cites EPA-approved
SIP section II (Review of New and Modified Air Pollution Sources) and
SIP section VIII (Prevention of Significant Deterioration) as the
State's program for new or modified sources to submit plans to UDEQ
(and receive approval) prior to construction or modification of
stationary sources. Utah also cites UAR rules in its submission
(including R307-150, R307-165 and R307-170) that require certain large
sources to install and maintain continuous emission monitors to assure
compliance with emission limitations established in approval orders and
the SIP.\21\ In addition, Utah provides for monitoring, recordkeeping,
and reporting requirements for sources subject to minor and major
source permitting.
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\20\ Utah 2015 Ozone Infrastructure SIP Submission, p. 15; see
40 CFR 52.2320.
\21\ Utah 2015 Ozone Infrastructure SIP Submission, p. 15.
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Additionally, Utah is required to submit emissions data to the EPA
for purposes of the National Emissions Inventory (NEI). The NEI is the
EPA's central repository for air emissions data. The EPA published the
Air Emissions Reporting Rule (AERR) on December 5, 2008, which modified
the requirements for collecting and reporting air emissions data (73 FR
76539). The AERR shortened the time states had to report emissions data
from 17 to 12 months, giving states one calendar year to submit
emissions data. All states are required to submit a comprehensive
emissions inventory every three years and report emissions for certain
larger sources annually through the EPA's online Emissions Inventory
System. States report emissions data for the six criteria pollutants
and their associated precursors--nitrogen oxides, sulfur dioxide,
ammonia, lead, carbon monoxide, particulate matter and volatile organic
compounds. Many states also voluntarily report emissions of hazardous
air pollutants. Utah made its latest update to the NEI in November
2019. The EPA compiles the emissions data, supplementing it where
necessary, and releases it to the general public through the website
https://www.epa.gov/air-emissions-inventories.
Based on the analysis above, we propose to approve the Utah SIP as
meeting the requirements of CAA section 110(a)(2)(F) for the 2015 ozone
NAAQS.
G. CAA Section 110(a)(2)(G): Emergency Powers
Section 110(a)(2)(G) of the CAA requires infrastructure SIPs to
``provide for authority comparable to that in [CAA Section 303] and
adequate contingency plans to implement such authority.'' Under CAA
section 303, the Administrator has authority to file suit to
immediately restrain an air pollution source that presents an imminent
and substantial endangerment to public health or welfare, or the
environment. If it is not practicable to assure prompt protection by
filing suit, then the Administrator has authority to issue temporary
administrative orders to protect the public health or welfare, or the
environment. Those orders can be extended if the EPA subsequently files
a civil suit.
In our April 2016 proposed Utah infrastructure SIP action, we
explained how Utah meets the requirement that the plan provide for
State authority comparable to that in CAA section 303.\22\ For the
reasons stated in the April 2016 document, we are proposing to approve
the State's submittal for this requirement of section 110(a)(2)(G) with
respect to the 2015 ozone NAAQS.
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\22\ See 81 FR at 24534 (proposing to approve Utah SIP as
meeting CAA section 110(a)(2)(G) requirement to provide authority
comparable to that in CAA section 303); 81 FR 50626 (taking final
action on proposal).
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As discussed above, each state must also have adequate contingency
plans adopted into the SIP to implement the air agency's emergency
episode authority. This can be done by
[[Page 33057]]
submitting a plan that meets the applicable requirements of 40 CFR part
51, subpart H for the relevant NAAQS, if the NAAQS is covered by those
regulations. Evaluating Utah's plan in our 2016 infrastructure SIP
action, we found that Utah's air pollution emergency rules, consistent
with the subpart H requirements, address ozone (as well as several
other pollutants); establish stages of episode criteria; provide for
public announcement whenever any episode stage has been determined to
exist; and specify emission control actions to be taken at each episode
stage.\23\ The 2016 action concerned the 2008 ozone standard, but as to
ozone, Utah's SIP-approved criteria for emergency episodes remain
consistent with the Significant Harm Levels established in EPA's
regulations.\24\ Accordingly, Utah's contingency plans remain
approvable with respect to the 2015 ozone standard.
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\23\ See 81 FR 24525, 24533 (proposal); 81 FR 50626 (final
rule).
\24\ Compare UAC R307-105-1 with 40 CFR 51.151.
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For these reasons, we propose approval of Utah's SIP as meeting the
requirements of CAA section 110(a)(2)(G) for the 2015 ozone NAAQS.
H. CAA Section 110(a)(2)(H): Future SIP Revisions
Section 110(a)(2)(H) requires that SIPs provide for revision ``(i)
from time to time as may be necessary to take account of revisions of
such national primary or secondary ambient air quality standard or the
availability of improved or more expeditious methods of attaining such
standard, and (ii), except as provided in paragraph (3)(C), whenever
the Administrator finds on the basis of information available to the
Administrator that the SIP is substantially inadequate to attain the
NAAQS which it implements or to otherwise comply with any additional
requirements'' under the Act.
Utah SIP section I cites 19-2-104 (describing the powers of the Air
Quality Board) and 19-2-109 (the State's Air Conservation Act) and of
the Utah Code. We have previously found that these provisions give the
AQB sufficient authority to meet the requirements of CAA section
110(a)(2)(H), and find that the basis for that finding is still
valid.\25\ We therefore propose to approve Utah's SIP as meeting the
requirements of CAA section 110(a)(2)(H).
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\25\ See 81 FR 24525, 24533-24534 (proposal); 81 FR 50626 (final
rule).
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I. CAA Section 110(a)(2)(I): Nonattainment Area Plan Revision Under
Part D
There are two elements identified in CAA section 110(a)(2) that are
not governed by the three-year submission deadline of CAA section
110(a)(1) because SIPs incorporating necessary local nonattainment area
controls are due on nonattainment area plan schedules pursuant to
section 172 and the various pollutant-specific subparts 2 through 5 of
part D. These are submissions required by: (i) CAA section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required in
part D, Title I of the CAA; and (ii) section 110(a)(2)(I) which pertain
to the nonattainment planning requirements of part D, Title I of the
CAA. As a result, this action does not address CAA section 110(a)(2)(C)
with respect to nonattainment NSR or CAA section 110(a)(2)(I).
J. CAA Section 110(a)(2)(J): Consultation With Government Officials,
Public Notification, PSD and Visibility Protection
CAA section 110(a)(2)(J) requires states to provide a process for
consultation with local governments and FLMs pursuant to CAA section
121. In addition, states must satisfy the requirements of CAA section
127 concerning measures to notify the public if NAAQS are exceeded in
an area, and to enhance public awareness of measures that can be taken
to prevent exceedances and of the ways for the public to participate in
air quality improvement efforts. Finally, as noted above, CAA section
110(a)(2)(J) requires states to meet applicable requirements of part C,
Title I of the CAA related to PSD and visibility protection.
In its submittals, the State cites SIP section I (Legal Authority)
adopting requirements for transportation consultation, SIP section VI
(Intergovernmental Cooperation), and SIP section XII (Transportation
Conformity Consultation) to meet the requirements of CAA section
121.\26\ The State has thereby demonstrated that it has the authority
and rules in place to provide a process of consultation with general
purpose local governments, designated organizations of elected
officials of local governments and any Federal Land Manager having
authority over federal land to which the SIP applies, consistent with
the requirements of CAA section 121. In its submission, Utah cites SIP
section XVI (Public Notification), which is the State's plan to report
monitored levels of emissions both daily and annually, which meets the
general requirements of CAA section 127 to notify the public when the
NAAQS have been exceeded.
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\26\ Utah 2015 Ozone Infrastructure SIP Submission, p. 17.
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As to the section 110(a)(2)(J) requirement to address Part C's PSD
requirements, we have discussed the State's program above in connection
with section 110(a)(2)(C). As we have noted, the requirements for
Element (J) in relation to a comprehensive PSD permitting program are
the same as the requirements with respect to Element (C). Our proposed
approval of the State's submissions with respect to Element (C)
therefore applies to the PSD component of Element (J).
Finally, with regard to the applicable requirements for visibility
protection, the EPA recognizes that states are subject to visibility
and regional haze program requirements under Part C of the Act. In the
event of the establishment of a new NAAQS, however, the visibility and
regional haze program requirements under Part C do not change. Thus, we
find that there are no newly applicable visibility requirements under
section 110(a)(2)(J) when a new NAAQS becomes effective, and thus no
requirement for Utah to address the visibility component of Element (J)
in its infrastructure SIP.
For these reasons, we propose to approve the Utah SIP as meeting
the requirements of CAA section 110(a)(2)(J) for the 2015 ozone NAAQS.
K. CAA Section 110(a)(2)(K): Air Quality and Modeling/Data
CAA section 110(a)(2)(K) requires that SIPs provide for (i) the
performance of air quality modeling as the Administrator may prescribe
for the purpose of predicting the effect on ambient air quality of any
emissions of any NAAQS pollutant, and (ii) the submission, upon
request, of data related to such air quality modeling to the
Administrator. Applicable EPA requirements for air quality modeling for
criteria pollutants are found in 40 CFR part 51, appendix W, Guideline
on Air Quality Models.\27\
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\27\ In its most recent revision to appendix W, the EPA stated
that revised requirements must be ``integrated into the regulatory
processes of respective reviewing authorities and followed by
applicants by no later than January 17, 2018.'' Final Rule,
Revisions to the Guideline on Air Quality Models: Enhancements to
the AERMOD Dispersion Modeling System and Incorporation of
Approaches to Address Ozone and Fine Particulate Matter, 82 FR 5182
(Jan. 17, 2017). On April 13, 2020, we proposed to approve portions
of a Utah SIP revision that revised the date of incorporation by
reference for appendix W to comply with EPA's January 17, 2017
revisions to appendix W. See 85 FR 14606. As noted previously, we
did not receive any comments on our proposed approval and anticipate
that that approval will be final before any final action on this
proposal.
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[[Page 33058]]
In its submissions, Utah cites UAR rule R307-405-13, which
incorporates by reference the air quality model provisions of 40 CFR
52.21(l), which includes the air quality model requirements of appendix
W of 40 CFR part 51, pertaining to the Guideline on Air Quality
Models.\28\ Additionally, the State cites EPA-approved SIP section II
(Review of New and Modified Air Pollution Sources) and SIP section VIII
(Prevention of Significant Deterioration) as the State's program for
new or modified sources to submit plans to UDEQ (and receive approval)
prior to construction or modification of stationary sources. Utah's PSD
program incorporates by reference the federal program at 40 CFR 52.21,
including the provision at 52.21(l)(1) requiring that estimates of
ambient air concentrations be based on applicable air quality models
specified in appendix W of 40 CFR part 51, and the provision at
52.21(l)(2) requiring that modification or substitution of a model
specified in appendix W must be approved by the Administrator.
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\28\ Utah 2015 Ozone Infrastructure SIP Submission, p.19.
---------------------------------------------------------------------------
Therefore, we propose to approve the Utah SIP as meeting the CAA
section 110(a)(2)(K) for the 20015 ozone NAAQS.
L. CAA Section 110(a)(2)(L): Permitting Fees
CAA section 110(a)(2)(L) provides that SIPs must require each major
stationary source to pay permitting fees to cover the cost of
reviewing, approving, implementing and enforcing a permit. Utah's SIP-
approved rules require the owner and operator of each new major source
or major modification to pay a fee sufficient to cover the reasonable
costs of reviewing and acting upon the notice of intent and
implementing and enforcing requirements placed on such source by any
approval order issued.\29\ Likewise, SIP section I (Legal Authority)
``identifies the statutory authority to charge a fee to major sources
to cover permit and enforcement expenses.'' \30\ Finally, the State's
submissions cite R307-415, which is the state regulation that provides
for collection of permitting fees under Utah's approved title V permit
program.\31\ As discussed in that approval, the State demonstrated that
the fees collected were sufficient to administer the program.\32\
Therefore, we propose to approve the submissions as supplemented by the
State for the 2015 ozone NAAQS.
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\29\ See UAC rule R307-414, Permits: Fees for Approval Orders;
40 CFR 52.2320.
\30\ See SIP Section I (Legal Authority), codified at UAC R307-
10-2; 40 CFR 52.2320.
\31\ See Clean Air Act Final Full Approval of Operating Permits
Program; Approval of Construction Permit Program Under Section
112(l); State of Utah, 60 FR 30192 (June 8, 1995); 40 CFR 52.2320.
\32\ Utah 2015 Ozone Infrastructure SIP Submission, p.19.
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M. CAA Section 110(a)(2)(M): Consultation/Participation by Affected
Local Entities
CAA section 110(a)(2)(M) requires states to provide for
consultation and participation in SIP development by local political
subdivisions affected by the SIP. To satisfy this requirement, Utah
refers to SIP section VI (Intergovernmental Cooperation), codified at
R307-110-7. The provisions of this section require and provide
authority for public hearings, notice of hearings, public comment
periods, and the consultation and coordination between state and local
governments. The EPA most recently approved this rule on February 14,
2006.\33\ The rules and regulations cited by Utah provide for the
consultation and participation by local political subdivisions affected
by the SIP; therefore, we are proposing to approve the Utah SIP as
meeting the requirements of CAA section 110(a)(2)(M) for the 2015 ozone
NAAQS.
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\33\ 71 FR 7679.
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IV. Proposed Action
In this rulemaking, we are proposing approval for multiple elements
of the infrastructure SIP requirements for the 2015 ozone NAAQS for
Utah along with a proposed no action for three infrastructure elements
for Utah. Our proposed actions are contained in Table 1 below.
The EPA is proposing to approve Utah's January 29, 2020 SIP
submission for the following CAA section 110(a)(2) infrastructure
elements for the 2015 ozone NAAQS: (A), (B), (C), (D)(i)(II) Prong 3,
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). The EPA is
proposing no action on (D)(i)(I) Prongs 1 and 2, and (D)(i)(II) Prong
4.
In the table below, the key is as follows:
A--Approve.
D--Disapprove.
NA--No Action.
Table 1--Infrastructure Elements That the EPA Is Proposing To Act On
------------------------------------------------------------------------
2015 Ozone NAAQS Infrastructure SIP Elements: Utah
------------------------------------------------------------------------
(A): Emission Limits and Other Control Measures............. A
(B): Ambient Air Quality Monitoring/Data System............. A
(C): Program for Enforcement of Control Measures............ A
(D)(i)(I): Prong 1 Interstate Transport--significant NA
contribution...............................................
(D)(i)(I): Prong 2 Interstate Transport--interference with NA
maintenance................................................
(D)(i)(II): Prong 3 Interstate Transport--prevention of A
significant deterioration..................................
(D)(i)(II): Prong 4 Interstate Transport--visibility........ NA
(D)(ii): Interstate and International Pollution Abatement... A
(E): Adequate Resources..................................... A
(F): Stationary Source Monitoring System.................... A
(G): Emergency Episodes..................................... A
(H): Future SIP revisions................................... A
(J): Consultation with Government Officials, Public A
Notification, PSD and Visibility Protection................
(K): Air Quality and Modeling/Data.......................... A
(L): Permitting Fees........................................ A
(M): Consultation/Participation by Affected Local Entities.. A
------------------------------------------------------------------------
[[Page 33059]]
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;
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,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 18, 2020.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2020-11182 Filed 5-29-20; 8:45 am]
BILLING CODE 6560-50-P
