Approval and Promulgation of Implementation Plans; Utah; Regional Haze 5-Year Progress Report State Implementation Plan, 64050-64053 [2020-21813]
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64050
Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Rules and Regulations
attained the standards for the revoked
1997 8-hour NAAQS by the applicable
attainment date of June 15, 2013. The
determination was based upon complete
quality-assured and certified data for the
3 calendar years 2010–2012. Under the
provisions of the EPA’s ozone
implementation rule, these
determinations suspend the applicable
requirements under 40 CFR 51.900(f)
and those listed under Clean Air Act
sections 172(c) and 182.
Subpart G—Colorado
3. Section 52.350 is amended by
adding paragraph (d) to read as follows:
■
§ 52.350
Control strategy: Ozone.
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*
*
(d) Determination of attainment by
the attainment date. Effective December
8, 2020, the EPA determined the
Denver-Boulder-Greeley-Ft. CollinsLoveland, CO, Marginal ozone
nonattainment area attained the revoked
1997 8-hour ozone National Ambient
Air Quality Standards (NAAQS) by the
applicable attainment date of November
20, 2010. The determination was based
upon complete quality-assured and
certified data for the three calendar
years 2007–2009. Under the provisions
of the EPA’s ozone implementation rule,
this determination suspends the
applicable requirements under 40 CFR
51.900(f) and those listed under Clean
Air Act sections 172(c) and 182.
Subpart HH—New York
4. Section 52.1683 is amended by
adding paragraph (s) to read as follows:
■
§ 52.1683
Control strategy: Ozone.
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*
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(s) Determination of attainment by the
attainment date. Effective December 8,
2020, the EPA determined that certain
areas in New York designated Moderate
nonattainment attained the revoked
1997 8-hour ozone National Ambient
Air Quality Standards (NAAQS) by the
applicable attainment date of June 15,
2010. The determination was based
upon complete quality-assured and
certified data for the 3 calendar years
2007–2009. Under the provisions of the
EPA’s ozone implementation rule, this
determination suspends the applicable
requirements under 40 CFR 51.900(f)
and those listed under Clean Air Act
sections 172(c) and 182 for:
(1) Buffalo-Niagara Falls (consisting of
Erie and Niagara Counties).
(2) Jamestown (consisting of
Chautauqua County).
(3) Jefferson County (consisting of
Jefferson County).
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(4) Poughkeepsie (consisting of
Dutchess, Orange and Putnam
Counties).
Subpart YY—Wisconsin
5. Section 52.2585 is amended by
adding paragraph (nn) to read as
follows:
■
§ 52.2585
Control strategy: Ozone.
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(nn) Determination of attainment by
the attainment date. Effective December
8, 2020, the EPA determined that the
Shoreline Sheboygan County,
Wisconsin, and the Inland Sheboygan
County, Wisconsin, Moderate ozone
nonattainment areas attained the
revoked 1997 8-hour ozone National
Ambient Air Quality Standards
(NAAQS) by the applicable attainment
date of June 15, 2010. The
determinations are based upon complete
quality-assured and certified data for the
three calendar years 2007–2009.
Together, the separate Shoreline
Sheboygan County, Wisconsin, and the
Inland Sheboygan County, Wisconsin,
areas encompass the identical
geographic area of the original fullcounty Sheboygan County, Wisconsin,
area. The EPA’s initial February 8, 2019,
determination of attainment by the
attainment date applied to the original
full-county area, and continues to apply
to the separate areas. Under the
provisions of the EPA’s ozone
implementation rule, this determination
suspends the applicable requirements
under 40 CFR 51.900(f) and those listed
under Clean Air Act sections 172(c) and
182.
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[FR Doc. 2020–19559 Filed 10–8–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0621; FRL–10015–
23–Region 8]
Approval and Promulgation of
Implementation Plans; Utah; Regional
Haze 5-Year Progress Report State
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a regional
haze progress report State
Implementation Plan (SIP) revision
submitted by the State of Utah on March
7, 2016. The revision addresses the
SUMMARY:
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requirements for states to submit
periodic reports describing progress
toward reasonable progress goals
established for regional haze and a
determination of adequacy of the State’s
regional haze SIP. The EPA is taking
this action pursuant to section 110 of
the Clean Air Act (CAA).
DATES: This rule is effective on
November 9, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0621. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please email
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Jaslyn Dobrahner, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6252, dobrahner.jaslyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
Under the Regional Haze Rule, states
are required to submit progress reports
that evaluate progress towards the
reasonable progress goals for each
mandatory federal Class I area within
the state and in each Class I area outside
the state that may be affected by
emissions from within the state.1 In
addition, the provisions also require
states to submit, at the same time as the
progress report, a determination of the
adequacy of the state’s existing regional
haze plan. The first progress report must
be in the form of a SIP revision and is
due 5 years after submittal of the initial
regional haze SIP.
On March 7, 2016, Utah submitted a
Progress Report SIP revision which: (1)
detailed the progress made toward
achieving progress for improving
visibility at Class I areas; 2 and (2)
1 40
CFR 51.309(d)(10).
U.S.C. 7491(a). Areas designated as
mandatory Class I Federal areas consist of national
parks exceeding 6,000 acres, wilderness areas and
national memorial parks exceeding 5,000 acres, and
all international parks that were in existence on
August 7, 1977. 42 U.S.C. 7472(a). In accordance
2 42
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declared a determination of adequacy of
the State’s regional haze plan to meet
reasonable progress goals.
On June 16, 2020, the EPA published
a proposed rulemaking titled ‘‘Approval
and Promulgation of Implementation
Plans; Utah; Regional Haze 5-Year
Progress Report State Implementation
Plan’’ proposing to approve Utah’s
Progress Report SIP revision.3 The
rationale for the EPA’s proposed action
is explained in the proposed rulemaking
and will not be restated here. The EPA
is finalizing its proposed approval of the
Progress Report as meeting the
applicable regional haze requirements
set forth in 40 CFR 51.309(d)(10).
II. Response to Comments
We received three comments on our
proposed rulemaking during the public
comment period. The EPA determined
that some of these comments, or
portions thereof, are outside the scope
of our proposed action and fail to
identify any material issue necessitating
a response.
Comment: The commenter stated that
part of the approval is based on 7-year
old data noting that key visibility
metrics described previously show
improvement in visibility conditions
between the baseline (2000–2004) and
current conditions (2009–2013).
Response: We agree with the
commenter that Utah provided data
from 2009–2013 (current period) to
compare visibility progress with the
2000–2004 (baseline period). The
Regional Haze Rule required that the
first progress reports be submitted in
2013 and include an assessment of
changes in visibility conditions between
the baseline period and the ‘‘past five
years.’’ 4 Additionally, the EPA’s April
2013 General Principles for the 5-Year
Regional Haze Progress Reports for the
Initial Regional Haze State
Implementation Plans states that ‘‘[f]or
‘current visibility conditions,’ the
reports should include the 5-year
average that includes the most recent
with section 169A of the CAA, the EPA, in
consultation with the Department of Interior,
promulgated a list of 156 areas where visibility is
identified as an important value. 44 FR 69122
(November 30, 1979). The extent of a mandatory
Class I area includes subsequent changes in
boundaries, such as park expansions. 42 U.S.C.
7472(a). Although states and tribes may designate
as Class I additional areas whose visibility they
consider to be an important value, the requirements
of the visibility program set forth in section 169A
of the CAA apply only to ‘‘mandatory Class I
Federal areas.’’ Each mandatory Class I Federal area
is the responsibility of a ‘‘Federal Land Manager.’’
42 U.S.C. 7602(i). When we use the term ‘‘Class I
area’’ in this section, we mean a ‘‘mandatory Class
I Federal area.’’
3 85 FR 36359 (June 16, 2020).
4 40 CFR 51.309(d)(10), (d)(10)(C).
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quality assured public data available at
the time the state submits its 5-year
progress report for public review.’’ 5
Thus, Utah’s report, which was
submitted for public review in 2014 and
to the EPA in 2016,6 appropriately
compared 2009–2013 data to the
baseline period. Additionally, we note
that Utah’s progress report and the
proposed rule also assessed Utah’s
progress in comparison to the Western
Regional Air Partnership (WRAP) 2018
Preliminary Reasonable Progress
projections.7
Comment: The commenter argues that
private universities have CO2 emissions
and should be regulated. In addition,
the commenter states that the definition
of haze should be broadened to include
light emissions.
Response: This action is limited to the
visibility impairing pollutants that Utah
considered during the initial 10-year
regional haze implementation period as
required for regional haze progress
reports, which included sulfur dioxide
(SO2), nitrogen oxides (NOX), and
particulate matter (PM).8 Therefore, an
EPA assessment of CO2 and
anthropogenic light emissions is beyond
the scope of this action as CO2 and
anthropogenic light emissions are not
included in Utah’s initial regional haze
SIP.
Comment: The commenter expressed
support for the rulemaking and noted
that reductions in visibility impairing
emissions will benefit people residing
in Utah, as well as the entire ecosystem.
Response: We acknowledge the
commenter’s support for this action.
III. Final Action
The EPA is finalizing approval of
Utah’s March 7, 2016, Regional Haze
Progress Report as meeting the
applicable regional haze requirements
set forth in 40 CFR 51.309(d)(10).
IV. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the Utah
State Air Quality Rules described in
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these materials
5 U.S. EPA, General Principles for the 5-Year
Regional Haze Progress Reports for the Initial
Regional Haze State Implementation Plans
(Intended to Assist States and EPA Regional Offices
in the Development and Review of the Progress
Reports), page 7, April 2013.
6 Utah Progress Report, page 2 (Certification).
7 See 85 FR 36364–68.
8 See 40 CFR 51.309(d)(10).
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64051
generally available through
www.regulations.gov and at the EPA
Region 8 Office (please email the person
identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the SIP, have been incorporated by
reference by the EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of the EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.9
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 approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, described in
the Unfunded Mandates Reform Act of
1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
9 62
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FR 27968 (May 22, 1997).
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Rules and Regulations
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Rule No.
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 8,
2020. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
State effective
date
Rule title
*
*
*
*
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: September 28, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart TT—Utah
2. In § 52.2320:
a. The table in paragraph (c) is
amended by adding the entry ‘‘R307–
110–28’’ in numerical order.
■ b. The table in paragraph (e) is
amended by adding the entry ‘‘Progress
Report for Utah’s State Implementation
Plan for Regional Haze’’ at the end of
the section under the center heading
‘‘XVII. Visibility Protection’’.
The additions read as follows:
■
■
§ 52.2320
*
Identification of plan.
*
*
(c) * * *
*
*
Final rule citation, date
*
*
Comments
*
R307–110. General Requirements: State Implementation Plan
*
*
R307–110–28 .................................
*
*
*
*
*
Section XX. Regional Haze ..........
*
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*
*
*
*
*
*
[insert Federal Register citation],
10/9/2020.
*
*
*
*
(e) * * *
State
effective
date
Rule title
*
2/4/2016
*
*
Final rule citation, date
*
*
Comments
*
*
XVII. Visibility Protection
*
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*
Progress Report for Utah’s State Implementation
Plan for Regional Haze.
*
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[insert Federal Register citation], 10/9/2020.
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Rules and Regulations
telephone number: (303) 312–6242;
email address: cheung.wendy@epa.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2020–21813 Filed 10–8–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 147
[EPA–HQ–OW–2020–0123; FRL–10013–68–
OW]
Wyoming Underground Injection
Control Program; Class VI Primacy
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA or Agency) is hereby
approving an application from the State
of Wyoming under the Safe Drinking
Water Act (SDWA) to implement an
underground injection control (UIC)
program for Class VI injection wells to
protect underground sources of drinking
water located within the state, except
within Indian lands. EPA will continue
to administer all well classes within
Indian lands. Class VI wells are used for
the underground injection of carbon
dioxide into deep subsurface rock
formations for long-term storage.
DATES: This final rule is effective on
October 9, 2020. The Director of the
Federal Register approved this
incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51 on October 9, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OW–2020–0123. All
documents in the docket are listed on
the https://www.regulations.gov
Website. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Molly McEvoy, Drinking Water
Protection Division, Office of Ground
Water and Drinking Water (4606M), U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; telephone number: (202) 564–
4765; email address: mcevoy.molly@
epa.gov or Wendy Cheung,
Underground Injection Control Section,
U.S. Environmental Protection Agency,
Region 8, 1595 Wynkoop Street, MSC
8WD–SDU, Denver, Colorado 80202;
SUMMARY:
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I. Introduction
The State of Wyoming received
primacy enforcement responsibility
(primacy) for Class I, III, IV, and V
injection wells under the SDWA section
1422 on August 17, 1983, and Class II
injection wells under the SDWA section
1425 on December 23, 1982. Wyoming
has applied to EPA under section 1422
of the SDWA, 42 U.S.C. 300h–1, for
primacy for Class VI injection wells,
except those located on Indian lands.
The UIC program revision package from
Wyoming includes a description of the
State Underground Injection Control
program for Class VI injection wells,
copies of all applicable rules and forms,
a statement of legal authority, a
summary and results of Wyoming’s
public participation activities, and a
Memorandum of Agreement between
Wyoming and EPA’s Regional
Administrator for Region 8.
This action is based on a legal and
technical review of the State of
Wyoming’s application as directed in
the Code of Federal Regulations (CFR) at
40 CFR part 145. As a result of this
review, EPA is approving Wyoming’s
application because it meets or exceeds
all applicable requirements for approval
under the SDWA section 1422 and the
Agency has determined that the state is
capable of administering a Class VI UIC
program in a manner consistent with the
terms and purposes of the SDWA and
all applicable regulations to protect
underground sources of drinking water
(USDWs).
II. Legal Authorities
This regulation is being promulgated
under authority of the SDWA sections
1422 and 1450, 42 U.S.C. 300h–1 and
300j–9.
III. Requirements for State UIC
Programs
SDWA section 1421 requires the
Administrator of EPA to promulgate
minimum requirements for effective
state UIC programs to prevent
underground injection activities that
endanger USDWs. SDWA section 1422
establishes requirements for states
seeking EPA approval of state UIC
programs.
For states that seek approval for UIC
programs under SDWA section 1422,
EPA has promulgated a regulation
setting forth the applicable procedures
and substantive requirements, codified
at 40 CFR part 145. It includes
requirements for state permitting
programs (by referencing certain
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64053
provisions of 40 CFR parts 124 and 144),
compliance evaluation programs,
enforcement authority, and information
sharing.
IV. Wyoming’s Application
A. Background
On January 31, 2020, Wyoming
submitted a program revision
application to add Class VI injection
wells to the state’s SDWA section 1422
UIC program. The UIC program revision
package from Wyoming includes a
description of the state UIC program for
Class VI injection wells, copies of all
applicable rules and forms, a statement
of legal authority, a summary and
results of Wyoming’s public
participation activities, and a
Memorandum of Agreement between
Wyoming and EPA’s Regional
Administrator for Region 8. EPA
reviewed the application for
completeness and simultaneously
performed a technical evaluation of the
application materials.
On April 14, 2020, EPA published a
Federal Register document announcing
Wyoming’s submittal of a complete UIC
program revision application to the
Agency. In that document, EPA
proposed to approve the application
from Wyoming under the SDWA section
1422 to implement a UIC program for
Class VI injection wells located within
the state, except those on Indian
country; sought public comments on the
Agency’s intent to approve Wyoming’s
application; and provided an
opportunity to request a public hearing.
B. Public Participation Activities
Conducted by the State of Wyoming
In 2019, Wyoming held two public
hearings with public comment periods
on the state’s intent to adopt its Class VI
UIC regulations. The Wyoming Water
and Waste Advisory Board (WWAB)
held the first public hearing on June 25,
2019, in Casper, Wyoming. The WWAB
accepted public comments beginning on
May 17, 2019, through the adjournment
of the public hearing. The Wyoming
Environmental Quality Council held the
second public hearing on November 19,
2019, in Cheyenne, Wyoming. The
Wyoming Environmental Quality
Council accepted comments on
proposed revisions from September 13,
2019, through October 30, 2019. The
Wyoming Class VI regulations were
signed by the Governor of Wyoming on
January 23, 2020. Documentation of all
public participation activities, including
those associated with Class VI UIC
regulations and subsequent revisions
that the state proposed before 2019 can
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]]>Agencies
[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Rules and Regulations]
[Pages 64050-64053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21813]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0621; FRL-10015-23-Region 8]
Approval and Promulgation of Implementation Plans; Utah; Regional
Haze 5-Year Progress Report State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
regional haze progress report State Implementation Plan (SIP) revision
submitted by the State of Utah on March 7, 2016. The revision addresses
the requirements for states to submit periodic reports describing
progress toward reasonable progress goals established for regional haze
and a determination of adequacy of the State's regional haze SIP. The
EPA is taking this action pursuant to section 110 of the Clean Air Act
(CAA).
DATES: This rule is effective on November 9, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0621. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov, or please email the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6252, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
Under the Regional Haze Rule, states are required to submit
progress reports that evaluate progress towards the reasonable progress
goals for each mandatory federal Class I area within the state and in
each Class I area outside the state that may be affected by emissions
from within the state.\1\ In addition, the provisions also require
states to submit, at the same time as the progress report, a
determination of the adequacy of the state's existing regional haze
plan. The first progress report must be in the form of a SIP revision
and is due 5 years after submittal of the initial regional haze SIP.
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\1\ 40 CFR 51.309(d)(10).
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On March 7, 2016, Utah submitted a Progress Report SIP revision
which: (1) detailed the progress made toward achieving progress for
improving visibility at Class I areas; \2\ and (2)
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declared a determination of adequacy of the State's regional haze plan
to meet reasonable progress goals.
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\2\ 42 U.S.C. 7491(a). Areas designated as mandatory Class I
Federal areas consist of national parks exceeding 6,000 acres,
wilderness areas and national memorial parks exceeding 5,000 acres,
and all international parks that were in existence on August 7,
1977. 42 U.S.C. 7472(a). In accordance with section 169A of the CAA,
the EPA, in consultation with the Department of Interior,
promulgated a list of 156 areas where visibility is identified as an
important value. 44 FR 69122 (November 30, 1979). The extent of a
mandatory Class I area includes subsequent changes in boundaries,
such as park expansions. 42 U.S.C. 7472(a). Although states and
tribes may designate as Class I additional areas whose visibility
they consider to be an important value, the requirements of the
visibility program set forth in section 169A of the CAA apply only
to ``mandatory Class I Federal areas.'' Each mandatory Class I
Federal area is the responsibility of a ``Federal Land Manager.'' 42
U.S.C. 7602(i). When we use the term ``Class I area'' in this
section, we mean a ``mandatory Class I Federal area.''
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On June 16, 2020, the EPA published a proposed rulemaking titled
``Approval and Promulgation of Implementation Plans; Utah; Regional
Haze 5-Year Progress Report State Implementation Plan'' proposing to
approve Utah's Progress Report SIP revision.\3\ The rationale for the
EPA's proposed action is explained in the proposed rulemaking and will
not be restated here. The EPA is finalizing its proposed approval of
the Progress Report as meeting the applicable regional haze
requirements set forth in 40 CFR 51.309(d)(10).
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\3\ 85 FR 36359 (June 16, 2020).
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II. Response to Comments
We received three comments on our proposed rulemaking during the
public comment period. The EPA determined that some of these comments,
or portions thereof, are outside the scope of our proposed action and
fail to identify any material issue necessitating a response.
Comment: The commenter stated that part of the approval is based on
7-year old data noting that key visibility metrics described previously
show improvement in visibility conditions between the baseline (2000-
2004) and current conditions (2009-2013).
Response: We agree with the commenter that Utah provided data from
2009-2013 (current period) to compare visibility progress with the
2000-2004 (baseline period). The Regional Haze Rule required that the
first progress reports be submitted in 2013 and include an assessment
of changes in visibility conditions between the baseline period and the
``past five years.'' \4\ Additionally, the EPA's April 2013 General
Principles for the 5-Year Regional Haze Progress Reports for the
Initial Regional Haze State Implementation Plans states that ``[f]or
`current visibility conditions,' the reports should include the 5-year
average that includes the most recent quality assured public data
available at the time the state submits its 5-year progress report for
public review.'' \5\ Thus, Utah's report, which was submitted for
public review in 2014 and to the EPA in 2016,\6\ appropriately compared
2009-2013 data to the baseline period. Additionally, we note that
Utah's progress report and the proposed rule also assessed Utah's
progress in comparison to the Western Regional Air Partnership (WRAP)
2018 Preliminary Reasonable Progress projections.\7\
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\4\ 40 CFR 51.309(d)(10), (d)(10)(C).
\5\ U.S. EPA, General Principles for the 5-Year Regional Haze
Progress Reports for the Initial Regional Haze State Implementation
Plans (Intended to Assist States and EPA Regional Offices in the
Development and Review of the Progress Reports), page 7, April 2013.
\6\ Utah Progress Report, page 2 (Certification).
\7\ See 85 FR 36364-68.
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Comment: The commenter argues that private universities have
CO2 emissions and should be regulated. In addition, the
commenter states that the definition of haze should be broadened to
include light emissions.
Response: This action is limited to the visibility impairing
pollutants that Utah considered during the initial 10-year regional
haze implementation period as required for regional haze progress
reports, which included sulfur dioxide (SO2), nitrogen
oxides (NOX), and particulate matter (PM).\8\ Therefore, an
EPA assessment of CO2 and anthropogenic light emissions is
beyond the scope of this action as CO2 and anthropogenic
light emissions are not included in Utah's initial regional haze SIP.
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\8\ See 40 CFR 51.309(d)(10).
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Comment: The commenter expressed support for the rulemaking and
noted that reductions in visibility impairing emissions will benefit
people residing in Utah, as well as the entire ecosystem.
Response: We acknowledge the commenter's support for this action.
III. Final Action
The EPA is finalizing approval of Utah's March 7, 2016, Regional
Haze Progress Report as meeting the applicable regional haze
requirements set forth in 40 CFR 51.309(d)(10).
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
Utah State Air Quality Rules described in amendments to 40 CFR part 52
set forth below. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 8 Office (please email the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
the EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\9\
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\9\ 62 FR 27968 (May 22, 1997).
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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 approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
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Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 8, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects 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.
Dated: September 28, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart TT--Utah
0
2. In Sec. 52.2320:
0
a. The table in paragraph (c) is amended by adding the entry ``R307-
110-28'' in numerical order.
0
b. The table in paragraph (e) is amended by adding the entry ``Progress
Report for Utah's State Implementation Plan for Regional Haze'' at the
end of the section under the center heading ``XVII. Visibility
Protection''.
The additions read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
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State Final rule
Rule No. Rule title effective date citation, date Comments
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* * * * * * *
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R307-110. General Requirements: State Implementation Plan
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* * * * * * *
R307-110-28.................... Section XX. 2/4/2016 [insert Federal
Regional Haze. Register
citation], 10/9/
2020.
* * * * * * *
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* * * * *
(e) * * *
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State
Rule title effective date Final rule citation, date Comments
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* * * * * * *
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XVII. Visibility Protection
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* * * * * * *
Progress Report for Utah's State 2/4/2016 [insert Federal Register
Implementation Plan for Regional Haze. citation], 10/9/2020.
* * * * * * *
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[FR Doc. 2020-21813 Filed 10-8-20; 8:45 am]
BILLING CODE 6560-50-P
