Approval and Promulgation of Implementation Plans; Utah; 2017 Base Year Inventories for the 2015 8-Hour Ozone National Ambient Air Quality Standard for the Uinta Basin, Northern Wasatch Front and Southern Wasatch Front Nonattainment Areas, 35404-35406 [2021-14195]
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35404
Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations
notice of enforcement in the Federal
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the maritime community with advance
notification of this enforcement period
via Broadcast Notice to Mariners or
Local Notice to Mariners. If the Captain
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safety zone need not be enforced for the
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Dated: June 28, 2021.
Lexia M. Littlejohn,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2021–14295 Filed 7–2–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2020–0646; FRL–10025–
28–Region 8]
Approval and Promulgation of
Implementation Plans; Utah; 2017 Base
Year Inventories for the 2015 8-Hour
Ozone National Ambient Air Quality
Standard for the Uinta Basin, Northern
Wasatch Front and Southern Wasatch
Front Nonattainment Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the State of Utah. The
revision fulfills the base year inventory
requirement for the 2015 8-hour ozone
national ambient air quality standard
(NAAQS) for the Uinta Basin, Northern
Wasatch Front, and Southern Wasatch
Front nonattainment areas (NAAs). Utah
submitted the base year emissions
inventories to meet, in part, the
nonattainment requirements for
Marginal ozone NAAs under the 2015 8hour ozone NAAQS. EPA is taking this
action pursuant to sections 110, 172,
and 182 of the Clean Air Act (CAA).
DATES: This rule is effective on August
5, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2020–0646. 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., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:11 Jul 02, 2021
Jkt 253001
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Matthew Lang, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado, 80202–1129,
telephone number: (303) 312–6709,
email address: lang.matthew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our April 1, 2021
proposal.1 We proposed to approve the
2017 base year inventories for the 2015
8-hour ozone NAAQS for the Uinta
Basin, Northern Wasatch Front, and
Southern Wasatch Front Marginal NAAs
because the State prepared the
inventories in accordance with the
requirements in sections 172(c)(3) and
182(a)(1) 2 of the CAA and its
implementing regulations, including
those at 40 CFR 51.1315. EPA is
finalizing its proposed approval of
Utah’s 2017 base year inventories for the
2015 8-hour ozone NAAQS for the Uinta
Basin, Northern Wasatch Front, and
Southern Wasatch Front Marginal
NAAs. With this final rulemaking Utah
will have met one of three requirements
stemming from the Marginal
nonattainment designation of the Uinta
Basin, Northern Wasatch Front, and
Southern Wasatch Front areas.
II. Response to Comments
EPA held a 30-day comment period
on the proposed rulemaking beginning
on April 1, 2021 and closing on May 3,
2021. We received one supportive
comment letter from the Utah Petroleum
Association (UPA), which focused on
the Uinta Basin NAA. Our response to
UPA’s comment letter is below.
Comment summary: UPA states that it
supports EPA’s approval of the base
year inventory, specifically supports the
choice of 2017 as the base year, and
supports use of an emissions inventory
from a National Emissions Inventory
1 Approval and Promulgation of Implementation
Plans; Utah; 2017 Base Year Inventories for the
2015 8-hour Ozone National Ambient Air Quality
Standard for the Uinta Basin, Northern Wasatch
Front and Southern Wasatch Front Nonattainment
Areas, 86 FR 17106 (April 1, 2021).
2 42 U.S.C. 7502(c)(3), 7511a(a)(1).
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
year. UPA also commends the Utah
Division of Air Quality for its decision
to include a separate oil and gas source
category in the base year, which UPA
says improves transparency of critical
information needed to understand
ozone formation in the Uinta Basin.
UPA also raises two areas of concern:
(1) The lack of an opportunity to
comment on the base year inventory for
tribal lands within the Uinta Basin
NAA; and (2) the need to be able to
adjust the base year inventory based on
evolving research and calculation
methods. UPA explains that Utah’s base
year inventory includes only Statecontrolled lands, but tribal lands in the
Uinta Basin include significant
emissions sources, and UPA is not
aware of any opportunity to comment
on a base year inventory for the tribal
lands. Further, UPA states that studies
relevant to the emissions inventory are
ongoing and recommends that EPA
allow updates to the base year inventory
to account for this evolving research. In
particular, UPA states that such an
update is important for determining the
adequacy of future Reasonable Further
Progress (RFP) emission reductions as
well as for photochemical modeling.
Response: We thank UPA for the
supportive comment letter and we agree
with UPA that Utah’s SIP revision
included the appropriate base year and
was otherwise based on the most
current and accurate information
available to the State at the time the
inventories were developed. With
respect to UPA’s concern regarding a
lack of opportunity to comment on an
inventory for sources on tribal land, we
note that an inventory of emissions from
Indian country sources is outside of the
scope of this rulemaking. As explained
in EPA’s proposed rule, and repeated
above, EPA is approving Utah’s SIP
submission because the base year
inventories therein accord with the
requirements in sections 172(c)(3) and
182(a)(1) of the CAA and its
implementing regulations, including
those at 40 CFR 51.1315.
Similarly, we thank UPA for
informing us of ongoing studies related
to emissions in the Uinta Basin NAA.
The inventories submitted by the State
of Utah were based on the most current
and accurate information available to
the State at the time that the inventories
were developed. If, at any point in the
future, Utah believes that a revision to
the base year inventory is necessary,
EPA is open to discussing that issue
with the State.3 At this time, however,
3 EPA generally acknowledges that in certain
circumstances, updating an already-approved base
year inventory may be appropriate. Emissions
E:\FR\FM\06JYR1.SGM
06JYR1
Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations
EPA cannot determine whether any
future updates to the current base year
inventory would be necessary or
appropriate, and such a determination is
outside the scope of this rulemaking.
We also note that, regardless of any
possible update to the base year
inventory, Utah is required to submit
revised inventories every three years
under section 182(a)(3)(A) of the CAA
until the area is redesignated to
attainment.4
III. Final Action
EPA is finalizing approval of Utah’s
2017 base year inventories for the 2015
8-hour ozone NAAQS for the Uinta
Basin, Northern Wasatch Front, and
Southern Wasatch Front Marginal NAAs
because the State prepared the
inventories in accordance with the
requirements in sections 172(c)(3) and
182(a)(1) of the CAA and its
implementing regulations, including
those at 40 CFR 51.1315.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
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Inventory Guidance for Implementation of Ozone
and Particulate Matter National Ambient Air
Quality Standards (NAAQS) and Regional Haze
Regulations, May 2017, 42 (‘‘In the event that
updated [Rate of Progress/Reasonable Further
Progress] plan(s) are needed after initial submittal
to meet the requirements of the Ozone
Implementation Rule, the [Rate of Progress/
Reasonable Further Progress] baseline NAA
inventory may also need to be updated.’’).
4 42 U.S.C. 7511a(a)(3)(A).
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of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, described in
the Unfunded Mandates Reform Act of
1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
PO 00000
Frm 00019
Fmt 4700
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35405
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 7, 2021. 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: June 25, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
For the reasons set forth above, 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, the table in paragraph
(e) is amended by adding an
undesignated center heading and the
entry ‘‘Ozone (8-hour, 2015) Uinta
Basin, Northern Wasatch Front and
Southern Wasatch Front 2017 Base Year
Inventories’’ at the end of the table to
read as follows:
■
§ 52.2320
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\06JYR1.SGM
06JYR1
*
*
35406
Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations
State
effective
date
Rule title
*
*
*
Final rule citation, date
*
*
Comments
*
*
Summary of Criteria Pollutant Attainment Plans
Ozone (8-hour, 2015) Uinta Basin, Northern Wasatch
Front and Southern Wasatch Front 2017 Base Year
Inventories.
[FR Doc. 2021–14195 Filed 7–2–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R08–OAR–2021–0187; FRL–10024–
23–Region 8]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; North Dakota; Control of
Emissions From Existing Municipal
Solid Waste Landfills; Control of
Emissions From Existing Commercial
and Industrial Solid Waste Incineration
Units; Negative Declaration of Existing
Hospital/Medical/Infectious Waste
Incineration Units
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a Clean Air
Act (CAA or the ‘‘Act’’) section 111(d)
state plan submitted by the North
Dakota Department of Environmental
Quality (NDDEQ or the ‘‘Department’’)
on July 28, 2020 for the control of air
pollutants from existing municipal solid
waste (MSW) landfills. The EPA is also
approving a CAA section 111(d)/129
state plan submitted by the Department
on the same date for the control of air
pollutants from existing commercial and
industrial solid waste incineration
(CISWI) units and air curtain incinerator
(ACI) units. The North Dakota state
plans establish performance standards
and operating requirements for existing
MSW landfills, CISWI units and ACI
units within the State of North Dakota
and provide for the implementation and
enforcement of those standards and
requirements by the Department.
Finally, the EPA is also approving
withdrawal of the North Dakota CAA
section 111(d)/129 state plan for the
control of air pollutants from existing
hospital/medical/infectious waste
incineration (HMIWI) units. The EPA is
approving this plan withdrawal
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
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7/29/2020
7/6/2021, [insert Federal Register citation].
following North Dakota’s May 8, 2019
submittal of a negative declaration of
existing HMIWI units in the State of
North Dakota, and will be promulgating
the State’s negative declaration in lieu
of a CAA section 111(d)/129 state plan
for HMIWI units. The EPA is taking
these actions pursuant to requirements
of the CAA.
DATES: This rule is effective on August
5, 2021. The incorporation by reference
of certain publications listed in the rule
is approved by the Director of the
Federal Register as of August 5, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2021–0187. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Gregory Lohrke, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–TRM, 1595 Wynkoop Street,
Denver, Colorado 80202–1129,
telephone number: (303) 312–6396,
email address: lohrke.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our March 26,
2021 proposed rule (86 FR 16173). In
that document we proposed to approve
the North Dakota CAA section 111(d)
state plan for existing MSW landfills
and the North Dakota CAA section
111(d)/129 state plan for existing CISWI
units as the plans were submitted by the
NDDEQ on July 28, 2020. That
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
document also proposed approval of the
North Dakota withdrawal of a
previously approved CAA section
111(d)/129 state plan for existing
HMIWI units and publication of the
State’s negative declaration of existing
HMIWI units in lieu of a state plan. The
EPA’s analysis of the two North Dakota
state plans and the negative declaration
of designated sources may be found in
the aforementioned proposed rule and
the technical support document (TSD)
associated with the docket for today’s
action. Comments on the EPA’s
proposed approvals of the state plans for
existing CISWI units and MSW landfills
and approval of the negative declaration
in lieu of a state plan for existing
HMIWI units were due on or before
April 26, 2021. We received no
comments on our proposed actions.
Therefore, the EPA will proceed with
these plan approvals without changes.
II. Final Action
The EPA is finalizing approval of the
North Dakota section 111(d) state plan
for existing MSW landfills pursuant to
40 CFR part 60, subparts B and Cf. We
are also finalizing approval of the North
Dakota section 111(d)/129 state plan for
existing CISWI units pursuant to 40 CFR
part 60, subparts B and DDDD. Finally,
we are finalizing approval of the State’s
negative declaration of existing HMIWI
units in lieu of a state plan for such
units as designated by 40 CFR part 60,
subpart Ce. Therefore, the EPA is
amending 40 CFR part 62, subpart JJ to
reflect this approval action. This
approval is based on the rationale
provided in section II of the proposed
rule for this action (86 FR 16173) and
discussed in detail in the TSD
associated with this rulemaking action.1
The scope of this approval is limited to
the provisions of 40 CFR parts 60 and
62. The EPA’s proposed approval of the
two North Dakota plans is limited to
those MSW landfills that meet the
criteria established in 40 CFR part 60,
subparts Cf and those CISWI units and
ACI units that meet the criteria
1 EPA Document ID No. EPA–R08–OAR–2021–
0187–0002, available at www.regulations.gov.
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]]>Agencies
[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Rules and Regulations]
[Pages 35404-35406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14195]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2020-0646; FRL-10025-28-Region 8]
Approval and Promulgation of Implementation Plans; Utah; 2017
Base Year Inventories for the 2015 8-Hour Ozone National Ambient Air
Quality Standard for the Uinta Basin, Northern Wasatch Front and
Southern Wasatch Front Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Utah. The
revision fulfills the base year inventory requirement for the 2015 8-
hour ozone national ambient air quality standard (NAAQS) for the Uinta
Basin, Northern Wasatch Front, and Southern Wasatch Front nonattainment
areas (NAAs). Utah submitted the base year emissions inventories to
meet, in part, the nonattainment requirements for Marginal ozone NAAs
under the 2015 8-hour ozone NAAQS. EPA is taking this action pursuant
to sections 110, 172, and 182 of the Clean Air Act (CAA).
DATES: This rule is effective on August 5, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2020-0646. 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.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Matthew Lang, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129, telephone number: (303) 312-6709, email address:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our April
1, 2021 proposal.\1\ We proposed to approve the 2017 base year
inventories for the 2015 8-hour ozone NAAQS for the Uinta Basin,
Northern Wasatch Front, and Southern Wasatch Front Marginal NAAs
because the State prepared the inventories in accordance with the
requirements in sections 172(c)(3) and 182(a)(1) \2\ of the CAA and its
implementing regulations, including those at 40 CFR 51.1315. EPA is
finalizing its proposed approval of Utah's 2017 base year inventories
for the 2015 8-hour ozone NAAQS for the Uinta Basin, Northern Wasatch
Front, and Southern Wasatch Front Marginal NAAs. With this final
rulemaking Utah will have met one of three requirements stemming from
the Marginal nonattainment designation of the Uinta Basin, Northern
Wasatch Front, and Southern Wasatch Front areas.
---------------------------------------------------------------------------
\1\ Approval and Promulgation of Implementation Plans; Utah;
2017 Base Year Inventories for the 2015 8-hour Ozone National
Ambient Air Quality Standard for the Uinta Basin, Northern Wasatch
Front and Southern Wasatch Front Nonattainment Areas, 86 FR 17106
(April 1, 2021).
\2\ 42 U.S.C. 7502(c)(3), 7511a(a)(1).
---------------------------------------------------------------------------
II. Response to Comments
EPA held a 30-day comment period on the proposed rulemaking
beginning on April 1, 2021 and closing on May 3, 2021. We received one
supportive comment letter from the Utah Petroleum Association (UPA),
which focused on the Uinta Basin NAA. Our response to UPA's comment
letter is below.
Comment summary: UPA states that it supports EPA's approval of the
base year inventory, specifically supports the choice of 2017 as the
base year, and supports use of an emissions inventory from a National
Emissions Inventory year. UPA also commends the Utah Division of Air
Quality for its decision to include a separate oil and gas source
category in the base year, which UPA says improves transparency of
critical information needed to understand ozone formation in the Uinta
Basin.
UPA also raises two areas of concern: (1) The lack of an
opportunity to comment on the base year inventory for tribal lands
within the Uinta Basin NAA; and (2) the need to be able to adjust the
base year inventory based on evolving research and calculation methods.
UPA explains that Utah's base year inventory includes only State-
controlled lands, but tribal lands in the Uinta Basin include
significant emissions sources, and UPA is not aware of any opportunity
to comment on a base year inventory for the tribal lands. Further, UPA
states that studies relevant to the emissions inventory are ongoing and
recommends that EPA allow updates to the base year inventory to account
for this evolving research. In particular, UPA states that such an
update is important for determining the adequacy of future Reasonable
Further Progress (RFP) emission reductions as well as for photochemical
modeling.
Response: We thank UPA for the supportive comment letter and we
agree with UPA that Utah's SIP revision included the appropriate base
year and was otherwise based on the most current and accurate
information available to the State at the time the inventories were
developed. With respect to UPA's concern regarding a lack of
opportunity to comment on an inventory for sources on tribal land, we
note that an inventory of emissions from Indian country sources is
outside of the scope of this rulemaking. As explained in EPA's proposed
rule, and repeated above, EPA is approving Utah's SIP submission
because the base year inventories therein accord with the requirements
in sections 172(c)(3) and 182(a)(1) of the CAA and its implementing
regulations, including those at 40 CFR 51.1315.
Similarly, we thank UPA for informing us of ongoing studies related
to emissions in the Uinta Basin NAA. The inventories submitted by the
State of Utah were based on the most current and accurate information
available to the State at the time that the inventories were developed.
If, at any point in the future, Utah believes that a revision to the
base year inventory is necessary, EPA is open to discussing that issue
with the State.\3\ At this time, however,
[[Page 35405]]
EPA cannot determine whether any future updates to the current base
year inventory would be necessary or appropriate, and such a
determination is outside the scope of this rulemaking. We also note
that, regardless of any possible update to the base year inventory,
Utah is required to submit revised inventories every three years under
section 182(a)(3)(A) of the CAA until the area is redesignated to
attainment.\4\
---------------------------------------------------------------------------
\3\ EPA generally acknowledges that in certain circumstances,
updating an already-approved base year inventory may be appropriate.
Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter National Ambient Air Quality Standards (NAAQS)
and Regional Haze Regulations, May 2017, 42 (``In the event that
updated [Rate of Progress/Reasonable Further Progress] plan(s) are
needed after initial submittal to meet the requirements of the Ozone
Implementation Rule, the [Rate of Progress/Reasonable Further
Progress] baseline NAA inventory may also need to be updated.'').
\4\ 42 U.S.C. 7511a(a)(3)(A).
---------------------------------------------------------------------------
III. Final Action
EPA is finalizing approval of Utah's 2017 base year inventories for
the 2015 8-hour ozone NAAQS for the Uinta Basin, Northern Wasatch
Front, and Southern Wasatch Front Marginal NAAs because the State
prepared the inventories in accordance with the requirements in
sections 172(c)(3) and 182(a)(1) of the CAA and its implementing
regulations, including those at 40 CFR 51.1315.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 7, 2021. 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: June 25, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
For the reasons set forth above, 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, the table in paragraph (e) is amended by adding an
undesignated center heading and the entry ``Ozone (8-hour, 2015) Uinta
Basin, Northern Wasatch Front and Southern Wasatch Front 2017 Base Year
Inventories'' at the end of the table to read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(e) * * *
[[Page 35406]]
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State
Rule title effective date Final rule citation, date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Summary of Criteria Pollutant Attainment Plans
----------------------------------------------------------------------------------------------------------------
Ozone (8-hour, 2015) Uinta Basin, Northern 7/29/2020 7/6/2021, [insert Federal
Wasatch Front and Southern Wasatch Front 2017 Register citation].
Base Year Inventories.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2021-14195 Filed 7-2-21; 8:45 am]
BILLING CODE 6560-50-P
